WEST virginia legislature

2018 regular session

Committee Substitute

for

Senate Bill 510

By Senators Maynard, Takubo, Stollings, Cline, Boso, and Plymale

[Originating in the Committee on Health and Human Resources; Reported on February 14, 2018]

A BILL to amend and reenact §16-5B-18 of the Code of West Virginia, 1931, as amended, relating to designation of hospitals for stroke treatment; adding a designation as a thrombectomy-capable stroke center; modifying the makeup of the advisory committee; requiring approval of legislative rules by the advisory committee prior to filing; providing for a database; and prohibiting certain inspections of hospitals conducted by the Department of Health and Human Resources.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.

§16-5B-18.  Designation of comprehensive, primary, and acute, and thrombectomy-capable stroke-ready hospitals; reporting requirements; rulemaking.

(a) A hospital, as that term is defined in section one of this article §16-5B-1 of this code, may apply to shall be designated by the Department of Health and Human Resources to be recognized and certified as a comprehensive stroke center, a primary stroke center, or an acute stroke-ready hospital, or thrombectomy-capable stroke center upon submitting verification of certification as granted by the American Heart Association, the joint commission, or other nationally recognized organization.  A hospital shall immediately notify the Department of Health and Human Resources of any change in its certification status. The appropriate designation shall be granted by the Department of Health and Human Resources based upon criteria recognized by the American Heart Association, the Joint Commission or other nationally recognized organization as set forth in legislative rules as provided in subsection (d) of this section.

(b) The Department of Health and Human Resources shall gain access to, and utilize, a nationally recognized stroke database that compiles information and statistics on stroke care that align with the stroke consensus metrics developed and approved by the American Heart Association and the American Stroke Association, for the purpose of improving stroke care and access across the State of West Virginia.  The Department of Health and Human Resources shall, upon request, provide the data accessed and utilized with the advisory committee in §16-5B-18 (f) of this code.   

(b) (c) The Department of Health and Human Resources shall provide annually, by June 1, a list of all hospitals they have designated pursuant to the provisions of subsection (a) of this section §16-5B-18(a) of this code to the medical director of each licensed emergency medical service agency in this state. This list shall be maintained by the Department of Health and Human Resources and shall be updated annually on its website.

(c) (d) The Secretary of the Department of Health and Human Resources shall establish by legislative rule, as set forth in subsection (d) of this section §16-5B-18(g) of this code, prehospital care protocols related to assessment, treatment, and transport of patients identified as stroke patients.  These protocols shall be applicable to all emergency medical service agencies, as defined in §16-4C-3 of this code.  These protocols shall include development and implementation of plans for the triage and transport within specified time frames of onset of symptoms of acute stroke patients to the nearest comprehensive, thrombectomy-capable stroke center, primary, or acute stroke ready hospital.

(d) (e) The Secretary of the Department of Health and Human Resources shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to accomplish the goals of this section.  These rules shall be proposed after consultation with and approval by an advisory committee selected by the Secretary of the Department of Health and Human Resources. 

(f) The advisory committee as set forth in §16-5B-18(d) of this code shall consist of no more than 14 members. Membership on the advisory committee shall consist of:

(1) A representative of the Department of Health and Human Resources;

(2) A representative of an association with the primary purpose of promoting better heart health;

(3) A registered emergency medical technician; hospitals located in rural areas of the state and hospitals located in urban areas of this state

(4) Either an administrator or physician representing a critical access hospital;

(5) Either an administrator or physician representing a teaching or academic hospital;

(6) A representative of an association with the primary purpose of representing the interests of all hospitals throughout the state; and

(7) A clinical and administrative representative of hospitals from each level of stroke center certification by a national certifying body (CSC, TSC, PSC, and ASRH).

(g) These rules shall include:

(1) An application A process to designate hospitals who have been certified as a stroke center by a national certifying body;

(2) The criteria for designation and certification as a comprehensive stroke center, a primary stroke center or an acute stroke ready center or, an acute stroke ready center;

(3) (2) A means for providing a list of designated hospitals to emergency medical service agencies;

(4) (3) Protocols for assessment, treatment, and transport of stroke patients by licensed emergency medical service agencies; and.

(5) Any other requirements necessary to accomplish the intent of this section.

(h) Nothing in this section may permit the Department of Health and Human Resources to conduct inspections of hospitals in relation to recognition as a stroke center as set forth in this section:  Provided, That nothing in this section may preclude inspections of hospitals by the Department of Health and Human Resources which are otherwise authorized by this code.