Senate Bill No. 446
(By Senators Love, Kessler and Ball)
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[Introduced February 10, 2000; referred to the Committee
on Health and Human Resources.]
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A BILL to amend article one, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section twenty-two,
relating to requiring a back-up energy source for equipment
providing kidney dialysis services or other life saving
medical services; and making the back-up energy source a
condition of continued operation of facilities offering the
services.
Be it enacted by the Legislature of West Virginia:
That article one, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section twenty-two, to read as follows:
§16-1-22. Back-up energy source required for kidney dialysis
services and other life saving medical services.
(a) Any facility that provides kidney dialysis services, or
any other life saving medical services, that require equipment that
uses electricity to operate must have a back-up energy source
available at all times so that the equipment may continue to be
operated in the event of a disruption in electrical service. The
types of facilities this subsection applies to, includes but is not
limited to:
(1) Any medical facility that operates under a license or
permit issued pursuant to any authority contained in this code; and
(2) Any hospital exempt from any licensing provision in this
chapter.
(b) After the first day of September, two thousand one,
compliance with subsection (a) of this section is a condition that
must be met:
(1) Prior to the issuance or renewal of any license or permit
to an entity described in subsection (a) of this section; and
(2) In order to continue to operate any facility described in
subsection (a) of this section.
(c) The director of the division of health is charged with
enforcing this section. If the director finds any facility that is
not in compliance with subsection (a) of this section, the director
shall revoke any license or permit that the director has issued to
the entity. The director shall also notify the issuing agency of
any other license or permit the facility holds, that this section
requires the other license or permit be revoked. The agency shall
promptly revoke the other license or permit.
(d) In addition to revoking a license or permit, the director
may initiate an action in the circuit court of Kanawha County
requesting that the facility be enjoined from operating until it
complies with subsection (a) of this section. If the evidence
presented establishes that the facility is not in compliance with
subsection (a) of this section, the court shall issue an order
enjoining further operation of the facility until compliance is
achieved.
(e) The director shall propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine of this code, to provide for the implementation and
administration of this section.
NOTE: The purpose of this bill is to require a back-up energy
source for equipment providing kidney dialysis services or other
life saving medical services and to make the back-up energy source
a condition of continued operation of facilities offering the
services.
This section is new; therefore, strike-throughs and
underscoring have been omitted.