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Introduced Version House Concurrent Resolution 57 History

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OUSE CONCURRENT RESOLUTION NO.57

 

(By Delegates Williams, Moye Campbell, Ferro, Manypenny, Marshall, Moore, Perdue, Pethtel, Perry, Pino, Stephens, Young, Rowan, O’Neal, Armstead, Ashley, Border-Sheppard, Faircloth, Ferns, Sobonya, Westfall, and Ellington)

 

 

Urging the West Virginia Governor’s Office to direct the Secretary of the Department of Health and Human Resources to amend the Code of State Rules, Title 64, Series 2, to provide for the licensing of adult day health centers that implement a hybrid model of care.

    Whereas, adult day health centers, sometimes referred to as adult day care centers, provide less than 24 hour care to persons, often older citizens, who, while not needing long term residential care or in-home care, require the attention of a caregiver due to some mental or physical impairment; and

    Whereas, adult day health centers provide an organized day program of therapeutic, social and in some instances health maintenance and restorative services, often referred to as adult day services, in a non-institutional, community based setting; and

    Whereas, adult day health centers also provide respite and support to an individual’s regular caregiver or family members, allowing for those in need to remain in their home community rather than being placed in a 24 hour long-term residential care facility; and

    Whereas, the costs associated with adult day services is significantly less than that of a long term residential care facility; and

    Whereas, the availability of adult day services can provide an alternative to in-home care that can in certain cases make more economic or logistical sense to a particular family; and

    Whereas, adult day health centers may follow a medical model, social model, or a combination of aspects of both in a hybrid model, and many states have promulgated rules and regulations that provide for licensure of centers under the hybrid model; and

    Whereas, the current rules under Code of State Rules, Title 64, Series 2, pertaining to Licensure of Adult Day Care Centers only allows for licensure of centers following the medical model; and

    Whereas, the medical model is unnecessary and cost-prohibitive based on the level of care needed by most persons in adult day health centers; and

    Whereas, due to these unnecessary and cost-prohibitive rules there are currently no licensed adult day health centers, referred to in the rule as adult day care centers, in the State of West Virginia; and

    Whereas, without any licensed adult day health centers the Department of Health and Human Resources can not apply for funding through the Medicaid Home and Community Based Services waiver program that would be of great benefit to certain persons needing adult day services; and

    Whereas, a Leading AgeTM Report titled Adult Day Services/Adult Day Health: Financial Viability and Scope of Services Provided Under Medicaid Waivers showed that West Virginia is the only state in the nation with no Medicaid reimbursement for any type of adult day services; and

    Whereas, a 2007 West Virginia Adult Day Services Roundtable concluded that the state should replace the medical model rules with a set of rules that follow a hybrid model; and

    Whereas, the Making a Plan for Alzheimer’s in West Virginia Final Report and Recommendations, released on December 12, 2011 and supported through concurrent resolution by the West Virginia Legislature, recommends that the Department of Health and Human Resources, through the Office of Health Facility Licensure and Certification, promulgate regulations that follow the hybrid model, therefore be it

    Resolved by the Legislature of West Virginia:

    That the West Virginia Governor’s Office direct the Secretary of the Department of Health and Human Resources to amend the Code of State Rules, Title 64, Series 2, to provide for the licensing of adult day health centers that implement a hybrid model of care; and,

    That the West Virginia Governor’s Office direct the Secretary of the Department of Health and Human Resources to amend the Code of State Rules, Title 64, Series 2, to refer to care centers as adult day health centers, rather than adult day care centers, in order to express the proper amount of respect and compassion to those persons who may need adult day services due to some medical or physical impairment; and

    That the West Virginia Governor’s Office direct the Secretary of the Department of Health and Human Resources to report back to the Interim Committee on PEIA, Seniors, and Long Term Care during the 2014-2015 interim session regarding the progress of the rule changes and to ensure that no further legislative action is necessary; and be it

    Further resolved: That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor of West Virginia, the Chair of House Committee on Finance and the Chair of Senate Committee on Finance.

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