WEST virginia legislature

2021 regular session

Introduced

House Bill 2616

By Delegates J. Pack and Rohrbach

(BY REQUEST OF THE DEPARTMENT OF HEALTH AND HUMAN RESOURCES)

[Introduced February 19, 2021; Referred to the Committee on Health and Human Resources]

A BILL to amend and reenact §16-5N-3 of the Code of West Virginia, 1931, as amended, relating to residential care communities that encourage and promote the development and utilization of quality residential communities for persons who desire to live independently or who may require limited and intermittent nursing care in a normal home environment; and to amend the requirement of an annual report to the Legislature to providing specified information being continuously available to the public at all times on the Office of Health Facility Licensure and Certification’s website.

Be it enacted by the Legislature of West Virginia:

article 5N. Residential care communities.

§16-5N-3. Powers, duties, and rights of director.

In the administration of this article, the director has the following powers, duties, and rights:

(a) To enforce rules and standards for residential care communities as adopted, proposed, amended, or modified by the secretary;

(b) To exercise all powers granted herein relating to the issuance, suspension, and revocation of licenses of residential care communities;

(c) To enforce rules governing the qualification of applicants for residential care community licenses, including, but not limited to, educational, financial, personal, and ethical requirements, as adopted, proposed, amended, or modified by the secretary;

(d) To receive and disburse federal funds and to take any lawful action that is necessary or appropriate to comply with the requirements and conditions for the receipt or expenditure of federal funds;

(e) To receive and disburse funds appropriated by the Legislature to the division for any authorized purpose;

(f) To receive and disburse funds obtained by the division by way of gift, grant, donation, bequest, or devise, according to the terms thereof, funds derived from the division’s operation, and funds from any other source, no matter how derived, for any authorized purpose;

(g) To negotiate and enter into contracts, and to execute all instruments necessary or convenient in carrying out the functions and duties of the position of director; and all of these contracts, agreements, and instruments shall be executed by the director;

(h) To appoint officers, agents, employees, and other personnel and establish the duties and fix the compensation thereof;

(i) To offer and sponsor education and training programs for residential care communities’ administrative, managerial, and operations personnel;

(j) To undertake survey, research, and planning projects and programs relating to the administration and operation of residential care communities and to the health, care, treatment, and service in general of residents of these communities;

(k) To establish by legislative rule in accordance with §16-5N-10 of this code and to assess reasonable civil penalties for violations of residential care community standards;

(l) To inspect any residential care community and any of the records maintained therein, subject to the provisions of §16-5N-10 of this code;

(m) To establish legislative rules in accordance with §29A-3-1 et seq. of this code, setting forth procedures for implementing the provisions of this article, including informal conferences, investigations and hearings, and for enforcing compliance with the provisions of this article and the rules promulgated hereunder;

(n) To subpoena witnesses and documents, administer oaths and affirmations, and examine witnesses. Upon the failure of any person without lawful excuse to obey a subpoena to give testimony and upon reasonable notice to all persons affected thereby, the director may apply to the circuit court of the county in which the hearing is to be held or to the circuit court of Kanawha County for an order compelling compliance;

(o) To make a complaint or cause proceedings to be instituted against any person or persons for the violation of the provisions of this article or of the rules promulgated hereunder.  An action may be taken by the director in the absence of concurrence or participation by the prosecuting attorney of the county in which the proceedings are instituted. The circuit court of Kanawha County or the circuit court of the county in which the violation has occurred has jurisdiction in any civil enforcement action brought pursuant to this article and may order equitable relief. In these cases, the court may not require that a bond be posted, nor may the director or any person acting under his or her authority be required to give security for costs;

(p) To delegate authority to his or her employees and agents in the performance of any power or duty granted in this article, except the issuance of final decisions in any adjudicatory matter; and

(q) To submit a report to the governor and the Legislature on or before the first day of December, one thousand nine hundred ninety-seven, and annually thereafter, which report shall review the residential care community licensing and investigatory activities of the division during the preceding year and the nature, scope and status of any other activities of the division.  This report may include comment on the actions, policies, practices or procedures of any public or private agency that may affect the rights, health or welfare of residents of residential care communities.  These annual reports shall also include a listing of all licensed residential care communities in the state together with the following information: Whether a community is proprietary or nonproprietary; how the community is or should be classified; the name of the owner or owners; the total number of apartments contained therein; the monthly costs for residents; the number and profession of full-time employees; the number and types of recreational programs available to residents; and other services and programs available to residents, and the costs thereof; and whether the residential care community listed accepted medicare or medicaid residents.  These reports shall also contain the division’s recommendations with regard to changes in law or policy which it considers necessary or proper for the protection of the rights, health or welfare of the residents of residential care communities within the state To make available to the Governor, the Legislature, and the public at all times online access through the Office of Health Facility Licensure and Certification website the following information. The online information will describe the residential care community licensing and investigatory activities of the division. The online information will include a list of all residential care communities in the state and such of the following information as the secretary determines to apply: Whether the residential care communities are proprietary or nonproprietary; the name of the administrator or administrators; the total number of beds; license type; license number; license expiration date; health investigations information and reports; life safety investigations information and reports; and whether those residential care communities listed accept Medicare or Medicaid residents.

NOTE: The purpose of this bill is to amend the reporting to the Governor and the Legislature to have information continuously available on the Office of Health Facility Licensure and Certification’s website and to have this information include a list of all residential care communities in the state, whether the residential care community is proprietary or nonproprietary, the name of the administrator or administrators, the total number of beds, license type, license number, license expiration date, health investigations information and reports, life safety investigations information and reports, and whether those residential care communities listed accept Medicare or Medicaid residents.

Strike-throughs indicate language that would be stricken from a heading or the present law, and underscoring indicates new language that would be added.