WEST virginia legislature
2016 regular session
House Bill 4388
Rohrbach, Ellington, Householder, Bates, Byrd, Sobonya, Summers, Upson and
[Passed March 12, 2016; in effect ninety days from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §16-5B-18, relating to designating certain hospitals as stroke centers; designating based upon certain criteria; establishing protocols; setting forth reporting requirements; establishing protocols; creating an advisory committee and permitting rulemaking.
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 §16-5B-18, to read as follows:
ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.
§16-5B-18. Designation of comprehensive, primary and acute stroke-ready hospitals; reporting requirements; rulemaking.
(a) A hospital, as that term is defined in section one of this article, may apply to 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. 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 provide annually, by June 1, a list of all hospitals they have designated pursuant to the provisions of subsection (a) of this section 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) The Secretary of the Department of Health and Human Resources shall establish by legislative rule, as set forth in subsection (d) of this section, 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 section three, article four-c of this chapter. These protocols shall include development and implementation of plans for the triage and transport within specified timeframes of onset of symptoms of acute stroke patients to the nearest comprehensive, primary or acute stroke ready hospital.
(d) The Secretary of the Department of Health and Human Resources shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to accomplish the goals of this section. These rules shall be proposed after consultation with an advisory committee selected by the Secretary of the Department of Health and Human Resources. The advisory committee shall consist of representatives of the Department of Health and Human Resources, an association with the primary purpose of promoting better heart health, a registered emergency medical technician, hospitals located in rural areas of the state and hospitals located in urban areas of this state.
These rules shall include:
(1) An application process;
(2) The criteria for designation and certification as a comprehensive stroke center, a primary stroke center or an acute stroke ready center;
(3) A means for providing a list of designated hospitals to emergency medical service agencies;
(4) 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.