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.