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SB195 SUB1 Senate Bill 195 History

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Key: Green = existing Code. Red = new code to be enacted

WEST virginia legislature

2016 regular session

Committee Substitute

for

Senate Bill 195

By Senator Maynard

[Originating in the Committee on the Judiciary; Reported January 21, 2016.]


 

A BILL to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee;  authorizing certain of the agencies to promulgate certain legislative rules with various amendments recommended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to West Virginia Clearance for Access: Registry and Employment Screening; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to fees for service; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to infectious medical waste; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDS-related medical testing and confidentiality; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to tuberculosis testing, control, treatment and commitment; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to farmers market vendors; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to the certification of opioid overdose prevention and treatment training programs; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to chronic pain management licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to neonatal abstinence centers; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to child-care licensing requirements; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to family child-care facility licensing requirements; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to family child-care home registration requirements; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to West Virginia Works Program sanctions; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to qualifications for a restricted provisional license to practice as a social worker within the department; and authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to goals for foster children.


Be it enacted by the Legislature of West Virginia:


That article 5, chapter 64 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

 ARTICLE 5. Authorization for department of health and human resources to promulgate legislative rules.


§64-5-1. Department of Health and Human Resources.

(a) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section nine, article forty-nine, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 23, 2015, relating to the Department of Health and Human Resources (West Virginia clearance for access; registry and employment screening, 69 CSR 10), is authorized.

(b) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 8, 2015, relating to the Department of Health and Human Resources (emergency medical services, 64 CSR 48), is authorized with the following amendments:

On page thirty-one, paragraph 6.5.d.2,  by striking out the phrase “one (1) year” and inserting in lieu thereof, the phrase “one hundred twenty (120) days”;

On page thirty-one, paragraph 6.5.d.3,  by striking out the phrase “one (1) year” and inserting in lieu thereof, the phrase “one hundred twenty (120) days”;

And,

On page fifty-seven, by inserting a new section twelve to read as follows:

“§64-48-12.  Community Paramedicine Demonstration Projects.

12.1 Establishment of community paramedicine demonstration projects. The Director may establish up to 6 demonstration projects for the purpose of developing and evaluating a community paramedicine program. A demonstration project established pursuant to this section may not exceed 2 years in duration.

12.2 As used in this section, “community paramedicine” means the practice by an emergency medical services provider primarily in an out-of-hospital setting of providing episodic patient evaluation, advice, and care directed at preventing or improving a particular medical condition which may require emergency medical services providers to  function outside their customary emergency response and transport roles, as specifically requested or directed by a physician, in ways that facilitate more appropriate use of emergency care resources and enhance access to primary care for medically vulnerable populations.

12.3 The Director shall establish the requirements and application and approval process of demonstration projects established pursuant to this section. At a minimum, an emergency medical services provider that conducts a demonstration project shall:

12.3.a. Demonstrate the financial sustainability of its project through reliable funding sources;

12.3.b. Work with an identified primary care medical director and have an emergency medical services medical director;

12.3.c. Submit protocols for approval by the MPCC and the Commissioner;  and

12.3.d. Collect and submit data and written reports to the Director, in accordance with requirements established by the Director.”

12.4. At the end of two years any demonstration project authorized by the Director will terminate and the Director shall submit a written report to the Commissioner, including specific data on utilization of the program, the improvement in quality of care and care coordination in the community, and the reduction of health care costs with respect to ambulance transportation, hospital emergency department visits, and hospital readmissions.  Upon receipt of the annual report, OEMS and the Commissioner shall evaluate the demonstration project and determine how to further develop community paramedicine and whether to expand its scope.”

(c) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, relating to the Department of Health and Human Resources (fees for service, 64 CSR 51), is authorized.

(d) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 23, 2015, relating to the Department of Health and Human Resources (infectious medical waste, 64 CSR 56), is authorized.

(e) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, relating to the Department of Health and Human Resources (AIDS-related medical testing and confidentiality, 64 CSR 64), is authorized.

(f) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section two, article three-d, chapter sixteen of this code, relating to the Department of Health and Human Resources (tuberculosis testing, control, treatment and commitment, 64 CSR 76), is authorized.  

(g) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section four, article thirty-five, chapter nineteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 23, 2015, relating to the Department of Health and Human Resources (farmers market vendors, 64 CSR 102), is authorized.

(h) The legislative rule filed in the State Register on July 27, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on September 23, 2015, relating to the Department of Health and Human Resources (the certification of opioid overdose prevention and treatment training programs, 64 CSR 104), is authorized.

(i) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 8, 2015, relating to the Department of Health and Human Resources (chronic pain management licensure, 69 CSR 8), is authorized.

(j) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 8, 2015, relating to the Department of Health and Human Resources (neonatal abstinence centers, 69 CSR 9), is authorized.

(k) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section one hundred twenty-one, article two, chapter forty-nine of this code, relating to the Department of Health and Human Resources (child care licensing requirements, 78 CSR 1), is authorized.

(l) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section one hundred twenty-one, article two, chapter forty-nine of this code, relating to the Department of Health and Human Resources (family child care facility licensing requirements, 78 CSR 18), is authorized.

(m) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section one hundred twenty-one, article two, chapter forty-nine of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on October 28, 2015, relating to the Department of Health and Human Resources (family child care home registration requirements, 78 CSR 19), is authorized.

(n) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section eleven, article nine, chapter nine of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-making Review Committee and refiled in the State Register on November 13, 2015, relating to the Department of Health and Human Resources (W. Va. Works Program sanctions, 78 CSR 23), is authorized.

(o) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section sixteen, article thirty, chapter thirty of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 8, 2015, relating to the Department of Health and Human Resources (qualifications for a restricted provisional license to practice as a social worker within the department, 78 CSR 24), is authorized.

(p) The legislative rule filed in the State Register on July 31, 2015, authorized under the authority of section one hundred twenty-six, article two, chapter forty-nine of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 22, 2015, relating to the Department of Health and Human Resources (goals for foster children, 78 CSR 25), is authorized.


 

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