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amended or repealed by the secretary.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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