ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 286
(Senators Minard, Snyder, Prezioso,
Unger, Boley and K. Facemyer, original sponsors)
__________
[Passed March 13, 2010; in effect from passage.]
__________
AN ACT 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; legislative mandate or
authorization for the promulgation of certain legislative
rules by various executive or administrative agencies of the
state; 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 modifications presented to and recommended by the Legislative Rule-Making Review
Committee and as amended by the Legislature;
authorizing the
Health Care Authority to promulgate a legislative rule
relating to hospital ambulatory health care facilities
;
authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to Grade "A" pasturized
milk; authorizing the Department of Health and Human Resources
to promulgate a legislative rule relating to fees for
services; authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to the
distribution of state aid funds to local boards of health;
authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to the nurse aid abuse
registry; and authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to out-of-
school time child care center licensing requirements.
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. Health Care Authority.
The legislative rule filed in the State Register on July 15,
2009, authorized under the authority of section four, article two-
d, chapter sixteen of this code, modified by the Health Care
Authority to meet the objections of the Legislative Rule-Making
Review Committee and refiled in the State Register on August 14,
2009, relating to the Health Care Authority (Hospital Ambulatory
Health Care Facilities, 65 CSR 27), is authorized.
§64-5-2. Department of Health and Human Resources.
(a) The legislative rule filed in the State Register on July
31, 2009, authorized under the authority of section five, article
seven, 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 November 30, 2009, relating to the Department of Health
and Human Resources (Grade "A" Pasturized Milk, 64 CSR 34), is
authorized.
(b) The legislative rule filed in the State Register on July
31, 2009, authorized under the authority of section eleven, 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 November 30, 2009, relating to the Department of Health and Human Resources (Fees for Services, 64 CSR 51), is authorized.
(c) The legislative rule filed in the State Register on July
31, 2009, 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 November 30, 2009, relating to the Department of Health
and Human Resources (Distribution of State Aid Funds to Local
Boards of Health, 64 CSR 67), is authorized.
(d) The legislative rule filed in the State Register on July
31, 2009, authorized under the authority of section two, article
six, 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 20, 2009, relating to the Department of Health
and Human Resources (Nurse Aid Abuse Registry, 69 CSR 6), is
authorized with the following amendments:
On page seven, section nine, by striking out "§69-6-9" and
inserting in lieu thereof "§69-6-8",
And, by renumbering the remaining sections.
(e) The legislative rule filed in the State Register on July
31, 2009, authorized under the authority of section four, article two-b, 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 January 20, 2010, relating to the Department of Health
and Human Resources (Out-of-School-Time Child Care Center Licensing
Requirements, 78 CSR 21), is authorized with the following
amendment:
On page three, subsection 3.7., after the word "except" by
striking out the colon and subdivisions 3.7.a. through 3.7.f. in
their entirety and inserting in lieu thereof the words "those
facilities, centers, programs, and individuals set forth in W. Va.
Code §49-2B-3(e).".
On page five, subsection 3.27, line six, by striking the words
"was regulated care and";
On page nineteen, paragraph 7.9.a.3, by striking the paragraph
in its entirety and renumbering the remaining paragraphs;
On page nineteen, paragraph 7.9.b.3, by striking the paragraph
in its entirety and renumbering the remaining paragraphs; and
On page nineteen, paragraph 7.9.c.3, by striking the paragraph
in its entirety and renumbering the remaining paragraphs.
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