Senate Bill No. 178

(By Senators Ross, Anderson, Macnaughtan ,

Boley and Buckalew)

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[Introduced March 3, 1997; referred to the

Committee on Health and Human Resources;

and then to the Committee on the Judiciary.]

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A BILL to amend and reenact section one, article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the division of health to promulgate a legislative rule relating to nursing home licensure.

Be it enacted by the Legislature of West Virginia:

That section one, article five, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§64-5-1. State board of health; division of health.
(a) The legislative rules rule filed in the state register on the thirty-first day of July, one thousand nine hundred ninety-five, authorized under the authority of section two-a, article five-a, chapter sixteen of this code, relating to the division of health (cancer registry, 64 CSR 68), are is authorized.
(b) The legislative rules rule filed in the state register on the thirty-first day of July, one thousand nine hundred ninety-five, authorized under the authority of section seven, article one, chapter sixteen of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the sixth day of December, one thousand nine hundred ninety-five, relating to the division of health (standards for local boards of health, 64 CSR 73), are is authorized.
(c) The legislative rules rule filed in the state register on the fourth day of August, one thousand nine hundred ninety-five, authorized under the authority of section eight, article three-c, chapter sixteen of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of January, one thousand nine hundred ninety-six, relating to the division of health (AIDS- related medical testing and confidentiality, 64 CSR 64), are is authorized.
(d) The legislative rules rule filed in the state register on the fourth day of January, one thousand nine hundred ninety-six, authorized under the authority of section five, article five-c, chapter sixteen of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-third day of January, one thousand nine hundred ninety-six, relating to the division of health (personal care home licensure, 64 CSR 14), are is authorized with the amendments set forth below:
"On page nine, section 4.3.1.d, after the word 'provisions' by inserting the words 'in policy';
On page nine, section 4.3.1.d, by striking out the following: 'The provisions may be in the form of a bond, a property lien, or other form of guaranty acceptable to the secretary. The guaranty shall be in the amount of three hundred dollars ($300) per resident or ten thousand dollars ($10,000), whichever is greater.' and inserting in lieu thereof the following: 'If the owner does not provide continuing care to all residents during this thirty (30) day period, any expenses incurred by the Department to provide continuing resident care (i.e., food, staff, etc.) during this thirty (30) day period, is the responsibility of the owner.';
On page seventeen, section 4.10.4, by striking out the word 'State' and inserting in lieu thereof the word 'Secretary';
On page seventeen, section 4.10.4, after the words 'for each of the residents' by inserting the words 'affected by the waiver request,';
On page twenty-four, section 5.8.2, after the words 'an additional' by striking out the words 'direct care' and inserting in lieu thereof the words 'personal care';
On page twenty-four, section 5.8.2, after the word 'day' by striking out the words 'and evening shifts' and inserting in lieu thereof the word 'shift';
On page twenty-four in section 5.8.2, after the words 'to have' by striking out the words 'no more than';
On page twenty-four in section 5.8.2, after the words 'two (2)' by inserting the words 'or more';
On page twenty-four, line sixty-seven, by striking out the words 'no more than';
On page twenty-four, section 5.8.2, after 'residents.' by inserting the following sentence: 'At a minimum, an additional personal care staff will be available on the evening shift for each fifteen (15) residents identified on their functional needs assessment to have no more than two (2) or more of the above care needs.';
On page twenty-four, section 5.8.2, after the words 'An additional' by striking out the word 'employee' and inserting in lieu thereof the words 'personal care staff';
On page twenty-four, section 5.8.2, after the word 'with' by striking out the words 'one (1)' and inserting in lieu thereof the words 'two (2)';
On page twenty-seven, section 6.1.7, after the words 'valid for' by striking out the words 'six (6) months' and inserting in lieu thereof the words 'one (1) year';
On page thirty-five, section 7.3.9, after the words 'personal care home' by striking out the words 'in need of nursing services as specified in this rule' and inserting the following: 'The frequency with which a registered professional nurse shall provide services to the personal care home not providing limited and intermittent nursing services shall be based upon the needs of the residents, but not less than weekly.';
On page thirty-five, subsection 7.3.9, after the word 'Section' by striking out the number '13' and inserting in lieu thereof the number '12';
On page thirty-five, section 7.3.9, after the words 'professional registered nurse.' by striking out the following: 'The frequency with which a registered professional nurse shall provide services to the personal care home not providing limited and intermittent nursing services shall be based upon the needs of the residents.'
On page fifty-four, section 11.3.1, by striking out the sentence 'Existing and newly constructed buildings to be offered, maintained, and operated as personal care homes shall provide for accessibility in their entirety to individuals with a physical disability.' and inserting in lieu thereof the sentence 'Those personal care homes housing any resident with a physical disability shall provide access to areas used in common by all residents as well as to the resident's personal area.';
On page fifty-five, section 11.3.8, in the second sentence, after the word 'widths' by inserting the words 'for new construction';
On page fifty-five, section 11.3.10, after the words 'shall have a' by striking out the word 'central';
On page fifty-five, section 11.3.10, after the word 'weather' by striking out the following: 'Individual room units known as 'through the wall heating and cooling units' are acceptable.';
On page fifty-five, section 11.3.17, after the word 'residents.' by adding the following: 'However, if existing facilities cannot comply with the janitor closet requirement on each floor, the facility must demonstrate a sanitary means of disposal of wastewater in an area that is not a resident sleeping area.';
On page fifty-seven, section 11.4.10, at the beginning of the first sentence, by striking out the word 'The' and inserting in lieu thereof the words 'In new facilities the';
On page fifty-seven, section 11.4.10, after the word 'area.' at the end of subsection ten by adding the following sentence: 'In existing facilities residents' rooms shall have an outside exposure through a vertical transparent window. In existing facilities rooms extending below ground level shall be allowed only if approved by the Secretary.';
On page fifty-eight, section 11.5.2, after the word 'every' by striking out the words 'four (4)' and inserting in lieu thereof the words 'five (5)';
On page fifty-eight, section 11.5.3, after the word 'per' by striking out the words 'five (5)' and inserting in lieu thereof the words 'ten (10)';
On page fifty-eight, section 11.5.3, after the word 'residents.' by striking out the following sentence: 'If the facility can show a process that functions well for residents, upon application, the secretary will grant a waiver of this requirement.'
On page sixty-one, section 11.13.3.a, at the beginning of the first sentence, by striking out the word 'Outlets' and inserting in lieu thereof the words 'In new facilities electrical outlets';
On page sixty-one, section 11.13.3.a, after the word 'walls;' by inserting a period and the words 'In existing facilities electrical outlets to meet the needs of the residents shall be provided;';
On page sixty-six, section 12.2.5.a, after the word 'services' by striking out the words 'through daily contact with the home and visits to the residents at least eight (8) hours a week'; and inserting in lieu thereof the words 'to residents';
On page sixty-six, by striking out section 12.2.5.d;
And,
By relettering the remaining subdivisions."
 (e) The legislative rule filed in the state register on the eighth day of November, one thousand nine hundred ninety-six, authorized under the authority of section five, article five-c, chapter sixteen, of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-seventh day of February, one thousand nine hundred ninety-seven, relating to the division of health (nursing home licensure, 64 CSR 13), is authorized.

NOTE: The purpose of this bill is to authorize the Division of Health to promulgate a legislative rule relating to Nursing Home Licensure.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.