ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4062

(By Delegates Williams, D. Campbell, Cann, Moye, Perdue,

Pino, Stephens, Walker, Hamilton)

[Passed March 10, 2012; in effect ninety days from passage.]

AN ACT toamend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5P-15, relating to establishing an in-home care registry; defining terms; requiring the Bureau of Senior Services to develop and maintain the registry; providing legislative rule-making authority to the bureau; and specifying certain requirements to be provided in the legislative rule.

Be it enacted by the Legislature of West Virginia:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-5P-15, to read as follows:

ARTICLE 5P. SENIOR SERVICES.

§16-5P-15. Establishment of In-home Care Registry.

    (a) There is established within the Bureau of Senior Services an in-home care worker registry which is to be maintained by the bureau. The purpose of the registry is to provide the public a list of in-home care workers, along with their qualifications, who voluntarily agree to be included and who have passed a criminal background check.

    (b) "In-home care worker" means an unlicensed person who provides personal care or other services and supports to persons with disabilities or to the elderly in order to enhance their well-being and which involves face-to-face direct contact with the person. Functions performed may include but are not limited to assistance and training in activities of daily living, personal care services, and job-related supports.

    (c) The bureau shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to establish the following:

    (1) The registry of in-home care workers;

    (2) The requirements for inclusion on the registry as an ‘in-home care worker,’ including educational attainment;

    (3) A fee schedule of proposed rates for those services and supports provided by the in-home care worker based upon qualifications of the in-home care workers, such as educational attainment;

    (4) Requirement of completion and passage of a criminal background check, consisting of checking the National Instant Criminal Background Check System and the West Virginia criminal history record responses. If an in-home care worker is included on the list with a criminal history indicated on his or her criminal back ground check, that information shall be noted on the registry. The bureau may not remove a person from the registry if the criminal background check reveals any negative information;

    (5) How a person obtains information from the registry; and

    (6) Any other requirement necessary to implement the provisions of this section.