H. B. 4575
(By Delegates Marshall, Caputo,
Hatfield and Brown)
[Introduced February 21, 2002; referred to the
Committee on Government Organization.]
A BILL to amend article five-d, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section seven-a,
relating to requiring personal care homes to make timely
payment of refunds when due; and imposing penalty for
noncompliance.
Be it enacted by the Legislature of West Virginia:
That article five-d, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seven-a, to read as follows:
ARTICLE 5D. PERSONAL CARE HOMES.
§16-5D-7a. Timely payment of refunds.
(a) When a resident or former resident or the personal
representative of a resident or former resident is due a refund for
costs paid by the resident or on behalf of a resident the personal
care home shall make the refund the earlier of:
(1) Within ten business days of the request for the refund; or
(2) Within ten business days after the personal care home
becomes aware that the refund is due.
(b) If the personal care home does not pay a refund within the
time required in subsection (a) of this section, the personal care
home is liable to the resident or former resident or the personal
representative of a resident or former resident for a penalty equal
to one hundred percent of the refund due.
NOTE: The purpose of this bill is to
require personal care
homes to make timely payment of refunds when due.
This section is new; therefore, strike-throughs and
underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
