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House Bill 4205 History
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ENROLLED
COMMITTEE SUBSTITUTE
FOR
H. B. 4205
(By
Delegates Mahan, R. Thompson, Cann,
Kominar, Armstead and Faircloth
)
[Passed March 13, 2004; in effect from passage.]
AN ACT
to amend and reenact article 5, chapter 64 of the code of
West Virginia, 1931, as amended;
all relating generally to the
promulgation of administrative rules by the various executive
or administrative agencies and the procedures relating
thereto; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive
or administrative agencies of the state; authorizing certain
of the agencies to promulgate certain legislative rules in the
form that the rules were filed in the state register;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the legislative rule-making review committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative
rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended
by the Legislature;
authorizing the department of health and
human resources to promulgate a legislative rule relating to
eligibility standards for economic assistance from the James
"Tiger" Morton catastrophic illness fund
;
authorizing the
division of health to promulgate a legislative rule relating
to assisted living residences
;
authorizing the division of
health to promulgate a legislative rule relating to cross
connection and backflow prevention
;
authorizing the division
of health to promulgate a legislative rule relating to the
certification of backflow prevention assembly testers
;
authorizing the division of health to promulgate a legislative
rule relating to the state-wide trauma/emergency care system
;
authorizing the division of health to promulgate a legislative
rule relating to public water systems
;
authorizing the
division of health to promulgate a legislative rule relating
to childhood lead screening
;
authorizing the division of
health to promulgate a legislative rule relating to fees for
services
;
authorizing the division of health to promulgate a
legislative rule relating to residential board and care homes
;
and authorizing the division of health to promulgate a
legislative rule relating to the birth defects information
system
.
Be it enacted by the Legislature of West Virginia:
That article 5, chapter 64 of the code of West Virginia, 1931,
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. Department of health and human resources.
The legislative rule filed in the state register on the eighth
day of July, two thousand three, authorized under the authority of
section two, article five-q, chapter sixteen of this code, modified
by the department of health and human resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the second day of December, two
thousand three, relating to the department of health and human
resources (eligibility standards for economic assistance from the
James "Tiger" Morton catastrophic illness fund, 72 CSR 1), is
authorized,
with the following amendments:
On page one, section 2, lines one and two, by striking out the
words "has a catastrophic illness and has applied" and inserting in
lieu thereof the word "applies";
On page one, subsection 2.1, line three, by striking out the
word "that" and inserting in lieu thereof the word "catastrophic";
On page two, subsection 3.4, after the words "A life-
threatening illness" by striking out the remainder of the
subsection and inserting in lieu thereof the words "presenting an
applicant with an imminent risk of death.";
On page two, subsection 3.6, by striking out the subsection in
its entirety and inserting in lieu thereof the following:
"3.6. Eligible applicant. - An applicant who is suffering from
a catastrophic illness and who meets the financial eligibility
standards established by subsection 6.3 of this rule.";
On page two, section 4, by striking out the section in its
entirety and inserting in lieu thereof the following:
"4.1. A West Virginia citizen may request economic assistance
from the commission by contacting the commission and providing
information by telephone.
4.2. Any person who obtains or attempts to obtain funds from
the commission by willful, false statement or misrepresentation or
by impersonation or any other fraudulent device may be investigated
by the Department of Health and Human Resources, Office of
Inspector General, and may be prosecuted to the full extent of the
law.";
On page four, section 5, by striking out the section in its
entirety and renumbering subsequent sections accordingly;
On page two, section 6, by striking out the words "If funding
is available, the Commission may consider an applicant eligible"
and inserting in lieu thereof the words "An applicant is eligible";
On page three, subsection 8.1, by striking out the subsection
in its entirety and inserting in lieu thereof the following:
"8.1. Requests for pharmaceutical purchases other than those approved under section 7 of this rule;";
On page three, subsection 8.3, line one, after the word
"days", by inserting the words "or more";
On page four, subsection 9.1, by striking out the subsection
in its entirety and inserting in lieu thereof the following:
"9.1 If funding is available, the commissioner may order an
award of economic assistance to an eligible applicant.";
On page four, subsection 9.2, line two, after the words
"amount of an award." by striking out the remainder of the
subsection and inserting in lieu thereof the following:
"The decision to make an award is within the discretion of the
commission or, where permitted by this rule, its executive
director.";
On page four, subsection 9.3, by striking out the subsection
in its entirety and inserting in lieu thereof the following:
"9.3. Within each budget year, similarly situated applicants
shall be treated similarly.";
On page four, section 10, by striking out the section in its
entirety and inserting in lieu thereof the following:
"Records of the Commission are confidential and may not be
disclosed except as required by W. Va. Code §29B-1-1 et seq. Any
employee of the commission who has access to confidential
information regarding an applicant must sign a written statement
acknowledging that he or she fully understands and will maintain the confidential nature of the information.";
And,
On page five, section 11, line eight, after the word
"conclusion.", by striking out the quotation marks.
§64-5-2. Division of health.
(a) The legislative rule filed in the state register on the
twenty-fourth day of July, two thousand three, authorized under the
authority of section five, article five-d, 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 eighth day of December, two thousand three,
relating to the division of health (assisted living residences, 64
CSR 14), is authorized.
(b) The legislative rule filed in the state register on the
twenty-second day of July, two thousand three, authorized under the
authority of section four, 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 twenty-second day of December, two thousand
three, relating to the division of health (cross connection and
backflow prevention, 64 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the
twenty-second day of July, two thousand three, authorized under the
authority of section four, 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 twenty-second day of December, two thousand
three, relating to the division of health (certification of
backflow prevention assembly testers, 64 CSR 25), is authorized
with the following amendment:
"On page two, section four, following subdivision 4.1.b., by
striking the remainder of the subsection and inserting the
following:
'and
4.1.c. Either:
4.1.c.1. Complete and pass all parts of an approved forty
(40) hour course of instruction in theory, design, performance,
testing and maintenance of backflow prevention assemblies; or
4.1.c.2. Meet recertification, reinstatement or
reciprocity requirements, as provided in sections 7 or 8 of this
rule.'."
(d) The legislative rule filed in the state register on the
thirty-first day of July, two thousand three, authorized under the
authority of section nine-c, article seven-b, chapter fifty-five 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 eighth day of December, two
thousand three, relating to the division of health (statewide trauma/emergency care system, 64 CSR 27), is authorized.
(e) The legislative rule filed in the state register on the
eleventh day of July, two thousand three, authorized under the
authority of section four, article one, chapter sixteen of this
code, relating to the division of health (public water systems, 64
CSR 3), is authorized.
(f) The legislative rule filed in the state register on the
twenty-eighth day of July, two thousand three, authorized under the
authority of section four-a, article thirty-five, 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 eighth day of December, two
thousand three, relating to the division of health (childhood lead
screening, 64 CSR 42), is authorized with the following amendments:
"On page two, subsection 3.6, line one, following the word
"Screening" and the dash, by striking out the remainder of the
sentence and inserting in lieu thereof the following: "The
assessment of a child's environment and social conditions to
determine risk for lead poisoning.";
On page two, subsection 4.1, line two, following the words
"years for" by inserting the words "risk of";
On page two, subdivision 4.1.a, line one, following the word
"screened", by inserting the words "using a risk assessment";
On page two, subdivision 4.1.a, line two, following the word "age", by striking out the words "shall be screened";
On page two, subdivision 4.1.b, line one, following the word
"lead", by inserting the words "risk assessment";
On page two, subdivision 4.1.b, line three, following the word
"conducted", by striking out the comma and inserting the word
"and";
On page two, subdivision 4.1.b, line three, following the word
"name", by striking out the remainder of the sentence.
On page two, section four, following subdivision 4.1.b, by
inserting the following:
"4.1.c. If a child is determined to be at risk for lead
poisoning, the health care provider shall perform or authorize a
blood test to identity the blood lead level."
On page three, section six, line two, following the word
"quarterly", by inserting the word "testing";
On page three, section six, line two, following the word
"results", by striking out the words "of the screening";
And,
On page three, subsection 7.2, line two, following the word
"child's", by inserting the word "name" and a comma."
(g) The legislative rule filed in the state register on the
first day of August, two thousand three, authorized under the
authority of section four, 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 eighth day of December, two thousand three,
relating to the division of health (fees for services, 64 CSR 51),
is authorized, with the following amendments:
On page one, subsection 3.2 after the words "Ambulatory
Surgical" by striking out the words "Center (ASC)" and inserting in
lieu thereof the words "Facility (ASF)";
On page twenty-one, Appendix A. Laboratory Service Fees.,
subparagraph l.A.1.8.l, after the words "Active Substances", by
striking out the numbers "$12.00" and inserting in lieu thereof the
numbers "$15.00";
On page twenty-one, Appendix A. Laboratory Service Fees.,
after subparagraph l.A.1.8.l
., by inserting a new subparagraph,
designated subparagraph l.A.1.8.l
.
and renumbering the remaining
subsections, to read as follows:
"m. Nitrate $15.00";
On page twenty-one, Appendix A. Laboratory Service Fees.,
subsection 1.B., by renumbering the subdivisions in the subsection;
On page twenty-two, Appendix A. Laboratory Service Fees.,
after subparagraph 1.B.3.A.3.
by adding a new subparagraph,
designated subparagraph 1.B.3.A.4., to read as follows:
"3. All Other Organic Tests$800.00
4. Total Organic Carbon (TOC) and/or Specific Ultraviolet
Absorption (SUVA)$200.00"
and by renumbering the subsequent subparagraphs accordingly;
On page twenty-two, Appendix A. Laboratory Service Fees.,
paragraph 1.B.4.A., after the words "Newborn Screening", by
striking out the numbers "$15.00" and inserting in lieu thereof the
numbers "$28.00";
On page twenty-seven, Appendix C. Maximum Health Facility
Fees., subsection 2.B., after the words "Ambulatory Surgical", by
striking out the word "Center" and inserting in lieu thereof the
word "Facility";
And,
On page twenty-eight, Appendix C. Maximum Health Facility
Fees., subsection 3.B., after the words "Ambulatory Surgical", by
striking out the word "Center" and inserting in lieu thereof the
word "Facility".
(h) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand three, authorized under the
authority of section five, article five-d, chapter sixteen of this
code, relating to the division of health (residential board and
care homes, 64 CSR 65), is authorized.
(i) The legislative rule filed in the state register on the
twenty-fifth day of July, two thousand three, authorized under the
authority of section seven, article forty, 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 eighth day of December, two thousand three,
relating to the division of health (birth defects information
system, 64 CSR 81), is authorized.