WEST virginia legislature
2020 regular session
Committee Substitute
for
House Bill 4557
By Delegate Hill
(By Request of the Department of Health and Human Resources)
[Introduced January 28, 2020; Referred to the Committee on Health and Human Resources then the Judiciary.]
A BILL to amend and reenact §27-9-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §27-17-3 of said code, all relating to behavioral health centers and group residential facilities; to include the ability to impose civil money penalties against such centers and facilities for good cause; to update obsolete terminology; and requiring legislative rule making.
Be it enacted by the Legislature of West Virginia:
ARTICLE 9. LICENSING OF BEHAVIORAL HEALTH CENTERS.
§27-9-1. License from Secretary of Health and Human Resources; regulations.
No hospital, center or institution, or part of any
hospital, center or institution, behavioral health center shall to
provide inpatient, outpatient or other service designed to contribute to the
care and treatment of the mentally ill or intellectually disabled, or
prevention of such disorders, may be established, maintained or operated
by any political subdivision or by any person, persons, association or
corporation behavioral health services unless a license therefor
is first obtained from the Secretary of the Department of Health and Human
Resources. The application for such license shall be accompanied by a plan
of the premises to be occupied, and such other data and facts as the secretary
may require. The secretary shall propose rules for legislative approval
in accordance with the provisions of §29A-3-1 et seq., make such
terms and regulations in regard to the conduct of any licensed hospital,
center or institution, or part of any licensed hospital, center or institution,
as he or she thinks proper and necessary the operation of behavioral health centers. The secretary, or any
person authorized by the secretary, has authority to investigate and inspect
any licensed hospital, center or institution, or part of any licensed
hospital, center or institution, and behavioral health center. The
secretary may impose a civil money penalty, suspend, or revoke the
license of any hospital, center or institution, or part of any
hospital, center or institution, facility for good cause after reasonable
notice, including
due process rights as provided in legislative rule. to the
superintendent or other person in charge of the hospital, center or
institution.
ARTICLE 17. GROUP RESIDENTIAL FACILITIES.
§27-17-3. License; application; regulations; and penalties.
(a) No group residential facility shall be established maintained
or operated unless a license therefor shall be first is obtained
from the director of health Secretary of the Department of Health and
Human Resources. except that a group residential facility for
behaviorally disabled juveniles shall be deemed to satisfy all requirements of
this section by obtaining a license from the commissioner of human services secretary.
The application for such the license shall contain such data and facts as the
director may require. The director secretary may promulgate
reasonable regulations for the conduct of such facilities, including, but not
limited to, shall propose rules for legislative approval in accordance
with the provisions of §29A-3-1 et seq., including the operation of the group
residential facility; a statement of the rights of patients in group
residential facilities for the mentally and physically impaired to
ensure the adequate care and supervision of such patients; and shall
have the authority to investigate and inspect any such a facility,
and may impose a civil money penalty, suspend or revoke the license of
any such facility for good cause after notice, and hearing, and
other due process rights as provided by legislative rule.
(b) A group residential home is not required to obtain a
license from the director of health secretary.
NOTE: The purpose of this bill is to include the ability to impose civil money penalties for good cause upon a facility or center providing care and treatment to mentally ill or intellectually disabled individuals and group residential facilities treating behaviorally disabled individuals.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.