WEST virginia legislature
2020 regular session
Introduced
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 centers and institutions that provide the care and treatment of mentally ill or intellectually disabled individuals and group residential homes treating behaviorally disabled individuals; to include the ability to impose civil money penalties against such facilities for good cause; and to update obsolete terminology.
Be it enacted by the Legislature of West Virginia:
ARTICLE 9. LICENSING OF HOSPITALS.
§27-9-1. License from director
secretary of health and human resources; regulations.
No hospital, center or institution, or part of any hospital, center or institution, 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 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 may 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 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 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, for good cause after reasonable notice to the superintendent or other person in charge of the hospital, center or institution.
ARTICLE 17. GROUP RESIDENTIAL FACILITIES.
§27-17-3. License from director
secretary of health and human resources; application; regulations;
revocation.
(a) No group residential
facility shall be established, maintained or operated unless a license therefor
shall be first obtained from the director of health Secretary 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 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, 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 facility, and may impose a civil money penalty,
suspend or revoke the license of any such facility for good cause after
notice and hearing.
(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 providing care and treatment to mentally ill or intellectually disabled individuals and group residential homes 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.