Introduced Version
Senate Bill 106 History
OTHER VERSIONS -
Committee Substitute (1)
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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 106
(By Senators McCabe, Miller, Cann, Jenkins, Laird, Stollings and
Beach)
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[Introduced February 13, 2013; referred to the Committee on
Government Organization; and then to the Committee on the
Judiciary.]
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A BILL to amend and reenact §16-5P-15 of the Code of West Virginia,
1931, as amended,
relating to senior services; the in-home
care registry; eliminating the requirement of a rule-
established fee schedule; and
permitting the Bureau of Senior
Services to determine whether an applicant needs to obtain a
state or federal criminal background check.
Be it enacted by the Legislature of West Virginia:
That §16-5P-15 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5P. SENIOR SERVICES.
§16-5P-15. Establishment of In-home Care Registry.
(a) There is established continued within the Bureau of Senior Services an in-home care worker registry which is to be maintained
by the bureau. The purpose of the registry is to provide the
public a list of in-home care workers, along with their
qualifications, who voluntarily agree to be included and who have
passed obtained a criminal background check.
(b) "In-home care worker" means an unlicensed person who
provides personal care or other services and supports to persons
with disabilities or to the elderly in order to enhance their
well-being and which involves face-to-face direct contact with the
person. Functions performed may include, but are not limited to,
assistance and training in activities of daily living, personal
care services, and job-related supports.
(c) The bureau shall propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code, to establish the following:
(1) The registry of in-home care workers;
(2) The requirements for inclusion on the registry as an
'in-home care worker,' including educational attainment;
(3) A fee schedule of proposed rates for those services and
supports provided by the in-home care worker based upon
qualifications of the in-home care workers, such as educational
attainment;
(4) Requirement of completion and passage (3) Requiring an applicant to obtain of a state or federal criminal background
check, as determined in legislative rule by the bureau; consisting
of checking the National Instant Criminal Background Check System
and the West Virginia criminal history record responses. If an
in-home care worker is included on the list with a criminal history
indicated on his or her criminal back ground check, that
information shall be noted on the registry. The bureau may not
remove a person from the registry if the criminal background check
reveals any negative information;
(5) (4) How a person obtains information from the registry;
and
(6) (5) Any other requirement necessary to implement the
provisions of this section.
NOTE: The purpose of this bill is to permit the Bureau of
Senior Services to determine whether an applicant needs to obtain
a state or federal criminal background check. It also eliminates
the requirement of a rule to charge fees.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
This bill has been recommended for passage during the 2013
Regular Session by the Select Committee on PEIA, Seniors and Long
Term Care.
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