House Concurrent Resolution 65

(By Mr. Speaker, Mr. Kiss and Delegates Flanigan, Prunty,

Frederick and Wills)



Requesting the Joint Committee on Government and Finance to conduct a feasability study for the need of long-term care facilities in West Virginia regarding patients on respirators and ventilators.

Whereas, House Bill 2272, as passed in 1993, was an effort to reduce Medicaid expenditures in West Virginia by eliminating coverage for the provision of respirator and ventilator patients in long-term care facilities; and
Whereas, House Bill 2272 not only eliminated funding for these Medicaid services, but it required any potential provider, not just Medicaid providers, to secure a certificate of need for these treatments; and
Whereas, House Bill 2272 mandated that any potential provider who seeks a certificate of need, must show there will be no increased fiscal burden to the State of West Virginia; and
Whereas, The provisions of House Bill 2272 effectively precludes long-term care facilities in West Virginia from securing a certificate of need to administer care to either Medicaid and non-Medicaid respirator and ventilator patients, forcing those dependent on these apparatuses to seek care in other states; and
Whereas, This places an additional burden on patients, in that, they must leave their local care providers, their community, and most importantly, their families; and
Whereas, Hundreds of West Virginia patients and their families experience these undue hardships and expenses each year unnecessarily when they should be able to receive the appropriate care they deserve in existing facilities in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to review, examine and study the feasability of establishing long-term care facilities in West Virginia designed to care for patients requiring respirators and ventilators; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2001, on its findings, conclusions and recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study and to prepare the report be paid from legislative appropriations to the Joint Committee on Government and Finance.