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Introduced Version House Bill 3094 History

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


H. B. 3094


(By Delegate Michael)
[Introduced March 29, 2001; referred to the
Committee on Government Organization then Finance.]




A BILL to amend and reenact section five, article five-c, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to requiring medicaid certified nursing homes to apply for medicare certification.

Be it enacted by the Legislature of West Virginia:
That section five, article five-c, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 5C. NURSING AND PERSONAL CARE HOMES AND RESIDENTIAL BOARD AND CARE HOMES.

§16-5C-5. Rules; minimum standards for nursing homes.
(a) All rules shall be proposed for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code. The director shall recommend the adoption, amendment or repeal of such rules as may be necessary or proper to carry out the purposes and intent of this article. (b) The director shall recommend rules establishing minimum standards of operation of nursing homes including, but not limited to, the following:
(1) Administrative policies, including: (A) An affirmative statement of the right of access to nursing homes by members of recognized community organizations and community legal services programs whose purposes include rendering assistance without charge to residents, consistent with the right of residents to privacy; and (B) a statement of the rights and responsibilities of residents in nursing homes which prescribe, as a minimum, such a statement of residents' rights as included in the United States department of health and human services regulations, in force on the effective date of this article, governing participation of nursing homes in the medicare and medicaid programs pursuant to titles eighteen and nineteen of the Social Security Act; and (C) a requirement that any nursing home certified under the medicaid program shall participate in medicare part A and part B for all the beds in the facility by the first day of July, two thousand two, unless, after submitting an application, medicare certification is denied by the federal health care financing administration;
(2) Minimum numbers of administrators, medical directors, nurses, aides and other personnel according to the occupancy of the facility;
(3) Qualifications of facility's administrators, medical directors, nurses, aides and other personnel;
(4) Safety requirements;
(5) Sanitation requirements;
(6) Personal services to be provided;
(7) Dietary services to be provided;
(8) Medical records;
(9) Social and recreational activities to be made available;
(10) Pharmacy services;
(11) Nursing services;
(12) Medical services;
(13) Physical facility;
(14) Resident rights; and
(15) Admission, transfer and discharge rights.



NOTE: The purpose of this bill is to provide that rules on the licensure of nursing homes include a requirement that medicaid-certified homes shall participate in the medicare program, unless medicare certification is denied by the Federal Health Financing Administration.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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