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Introduced Version Senate Bill 529 History

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sb529 intr
Senate Bill No. 529

(By Senator Jenkins)

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[Introduced March 14, 2005; referred to the Committee

on Health and Human Resources.]

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A BILL to amend and reenact §16-5D-17 of the Code of West Virginia, 1931, as amended, relating to clarifying that assisted living residences subject to oversight by the Adult Protective Services Agency, the State Long-Term Care Ombudsman, the State Fire Commission and the local board of health which do not accept Medicaid payments for residents are only subject to inspection, entry and enforcement by the Office of Health Facility Licensure and Certification of the Department of Health and Human Resources after notification to the Office of Health Facility Licensure and Certification of the Department of Health and Human Resources of a substantiated complaint by the Adult Protective Services Agency, the State Long-Term Care Ombudsman, the State Fire Commission or the local board of health.

Be it enacted by the Legislature of West Virginia:
That §16-5D-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5D. PERSONAL CARE HOMES.
§16-5D-17. Licenses and rules in force.

(a) All licenses for personal care homes and residential board and care homes which are in force on the first day of July, two thousand three, shall continue in full force and effect during the period for which issued unless sooner revoked as provided in this article.
(b) All rules in effect on the first day of July, one thousand nine hundred ninety-seven, which were adopted by the secretary relating to licensing personal care homes and residential board and care homes shall remain in full force and effect until altered, amended or repealed by the secretary.
(c) Notwithstanding any other provisions of this article, the secretary shall promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code by the first date of September, two thousand three, to implement this program.
(d) An assisted living residence that is subject to oversight by the Adult Protective Services Agency established and continued within the Department of Health and Human Resources in accordance with the provisions of article six, chapter nine of this code; and which is subject to oversight by the State Long-Term Care Ombudsman Program established within the State Commission on Aging in accordance with the provisions of article five-l, chapter sixteen of this code; and is subject to oversight by the State Fire Commission in accordance with the provisions of article three, chapter twenty-nine of this code, and is subject to oversight by the local board of health in the county in which such home is located in accordance with the provisions of article three, chapter twenty-nine of this code; and which receives no Medicaid reimbursement for residents who reside in such home shall not become subject to the provisions of this article and the rules adopted pursuant to this article and shall not be required to obtain a license from the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources: Provided, That if Adult Protective Services, the State Long-Term Care Ombudsman, the State Fire Commission or the local board of health in the county in which such home is located shall determine there is a fully adjudicated substantial complaint relating to such home, then the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources shall be notified and the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources shall have the right of inspection and entry into such home pursuant to article five-e, chapter sixteen of this code and enforcement, including criminal penalties against such home, pursuant to section six (b), (c), (d) and (e), article five-e, chapter sixteen of this code.



NOTE: The purpose of this bill is to clarify that assisted living residences, that are subject to oversight by the Adult Protective Services Agency, the State Long-Term Care Ombudsman, the State Fire Commission, the local board of health and which do not accept Medicaid payments for residents, are only subject to inspection, entry and enforcement by the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources after notification to the Office of Health Facility Licensure and Certification of the West Virginia Department of Health and Human Resources of a substantiated complaint by the Adult Protective Services Agency or the State Long-Term Care Ombudsman or the State Fire Commission or the local board of health.

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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