SB300 SFA Takubo # 1-23

Dellinger  7965

Senator Takubo moved to amend the bill on page 88, by striking out the provisions of §16B-4-18 in its entirety, and inserting in lieu thereof a new §16B-4-16, to read as follows:

§16B-4-16.  Separate accounts for residents’ personal funds; consent for use; records; penalties.

 (a) Each nursing home subject to the provisions of this article shall hold in a separate account and in trust each resident’s personal funds deposited with the nursing home.

(b) No person may use or cause to be used for any purpose the personal funds of any resident admitted to any such nursing home unless consent for the use thereof has been obtained from the resident, or from a committee, or guardian, or relative.

(c) Each nursing home shall maintain a true and complete record of all receipts for any disbursements from the personal funds account of each resident in the nursing home, including the purpose and payee of each disbursement, and shall render a true account of such record to the resident or his or her representative upon demand and upon termination of the resident’s stay in the nursing home.

(d) Any person or corporation who violates any subsection of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned in jail not more than one year, or both fined and imprisoned.

(e) Reports provided to review organizations are confidential unless inaccessibility of information interferes with the director’s ability to perform his or her oversight function as mandated by federal regulations and this section.

(f) Notwithstanding §16B-4-16(b) or any other provision of this code, upon the death of a resident, any funds remaining in his or her personal account shall be made payable to the person or probate jurisdiction administering the estate of said resident: Provided, That if after 30 days there has been no qualification over the decedent resident’s estate, those funds are presumed abandoned and are reportable to the State Treasurer pursuant to the West Virginia Uniform Unclaimed Property Act, §36-8-1 et seq. of this code.;

On page 89, section 19, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:

§16B-4-17. Federal law; legislative rules.;

On page 89, section 20, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:

§16B-4-18.  Hospice palliative care required to be offered.;

On page 90, section 21, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:

§16B-4-19.  Employment restrictions.;

On page 90, section 22, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:

§16B-4-20. Jury trial waiver to be a separate document.;

And,

On page 115, section 18, by striking out the section caption and inserting in lieu thereof a new section caption, to read as follows:

§16B-5-16. Separate accounts for residents' personal funds; consent for use; records; penalties.

Adopted

Rejected