Senate Bill No. 191
(By Senator Bowman)
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[Introduced January 24, 2007; referred to the Committee on Health
an Human Resources.]
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A BILL to amend and reenact §18-10L-4 of the Code of West Virginia,
1931, as amended, relating to requiring the Division of
Rehabilitation Services to visit the residence of a recipient
of services from the Ron Yost Personal Assistance Services
Fund at least annually.
Be it enacted by the Legislature of West Virginia:
That §18-10L-4 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10L. RON YOST PERSONAL ASSISTANCE SERVICES ACT.
§18-10L-4. Program requirements.
(a) To be eligible for assistance from the Ron Yost personal
assistance program, a recipient must have a physical, mental or
sensory impairment that affects one or more major life activity,
and who:
(1) Experiences any physical, mental or sensory impairment, or combination of impairments, which can be expected to recur or last
for a period of not less than twelve months as determined by the
evaluation conducted using the Ron Yost personal assistance program
functional assessment tool;
(2) Requires assistance to complete functions of daily living,
self-care and mobility, including, but not limited to, those
functions included in the definition of personal assistance
services;
(3) Must apply for Medicaid and provide written documentation
of eligibility or denial to the board; and
(4) Is currently not receiving personal assistance services
through Medicaid.
(b) The Division of Rehabilitation Services shall, directly or
through contract approved by the Ron Yost personal assistance
services board:
(1) Administer the personal assistance services program in
accordance with the state plan for independent living established
pursuant to the provisions of section seven, article ten-m of this
chapter;
and
(2) Provide training, information, and referral services
relating to state and federal payroll taxes, deductions and
withholding, and wage withholding for child support and workers'
compensation, to recipients as necessary;
and
(3) At least once each year, conduct a face-to-face meeting with a recipient at his or her residence.
(c) The West Virginia statewide independent living council,
established pursuant to section six, article ten-m of this chapter,
shall:
(1) Appoint members to the Ron Yost personal assistance
services board to fulfill the functions as set forth in subsection
(d) of this section. The board shall be composed of individuals
with disabilities:
Provided, That one member shall be a
representative of the West Virginia statewide independent living
council with a disability; and
(2) Develop and update as necessary, the Ron Yost personal
assistance program functional assessment tool.
(d) The Ron Yost personal assistance services board shall:
(1) Determine eligibility and approve hours of service for all
applicants based on functional assessments conducted using the Ron
Yost personal assistance program functional assessment tool. Each
determination shall be in writing, a copy of which shall be
provided to the applicant;
(2) Monitor disbursements and utilization of the program;
(3) Survey consumer satisfaction and recommend program
revisions to the Division of Rehabilitation Services;
(4) Develop and maintain a waiting list for those eligible
individuals who cannot be served immediately;
(5) Contract with public or private entities to assist in fulfilling the functions set forth in this subsection;
(6) Approve contracts proposed by the Division of
Rehabilitation Services with a public or private entity for the
fiscal management of the program established under this article;
and
(7) Establish operating procedures.
(e) No member of the board is eligible to receive personal
assistance services through the program provided
for in this
article.
(f) Recipients shall:
(1) Apply for services through Medicaid and provide a copy of
that determination to the board;
(2) Comply with the employer responsibilities of hiring,
supervising and, if needed, terminating the employment of a
personal assistant;
(3) Manage his or her own financial and legal affairs
regarding the Ron Yost personal assistance program; and
(4) Designate an individual, if necessary, to assist in
fulfilling the functions set forth in this subsection.
NOTE: The purpose of this bill is to require the Division of
Rehabilitation Services to visit the residence of a recipient of
services from the Ron Yost Personal Assistance Services Fund at
least annually.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.