SB106 SUB1
Senate Bill 106 History
OTHER VERSIONS -
Introduced Version
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COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 106
(By Senators
McCabe, Miller, Cann, Jenkins, Laird, Stollings and
Beach)
____________
[Originating in the Committee on Government Organization;
reported March 7, 2013.]
____________
A BILL to amend and reenact §16-5P-15 of the Code of West Virginia,
1931, as amended,
relating to the in-home care registry
maintained by the Bureau of Senior Services; eliminating the
requirement of a rule-established fee schedule; and requiring
in-home care registry applicants to obtain a criminal
background check
as determined in legislative rule by the
bureau.
Be it enacted by the Legislature of West Virginia:
That §16-5P-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5P. SENIOR SERVICES.
§16-5P-15. Establishment of In-home Care Registry.
(a) There is established continued within the Bureau of Senior Services an in-home care worker registry which is to be maintained
by the bureau. The purpose of the registry is to provide the
public a list of in-home care workers, along with their
qualifications, who voluntarily agree to be included and who have
passed obtained a criminal background check, as determined in
legislative rule by the bureau
.
(b) "In-home care worker" means an unlicensed person who
provides personal care or other services and supports to persons
with disabilities or to the elderly in order to enhance their
well-being and which involves face-to-face direct contact with the
person. Functions performed may include, but are not limited to,
assistance and training in activities of daily living, personal
care services, and job-related supports.
(c) The bureau shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to establish the following:
(1) The registry of in-home care workers;
(2) The requirements for inclusion on the registry as an
'in-home care worker,' including educational attainment;
(3) A fee schedule of proposed rates for those services and
supports provided by the in-home care worker based upon
qualifications of the in-home care workers, such as educational
attainment;
(4) Requirement of completion and passage (3) Requiring an
applicant to obtain of a state or federal criminal background check, as determined in legislative rule by the bureau; consisting
of checking the National Instant Criminal Background Check System
and the West Virginia criminal history record responses. If an
in-home care worker is included on the list with a criminal history
indicated on his or her criminal back ground check, that
information shall be noted on the registry. The bureau may not
remove a person from the registry if the criminal background check
reveals any negative information;
(5) (4) How a person obtains information from the registry;
and
(6) (5) Any other requirement necessary to implement the
provisions of this section.