COMMITTEE SUBSTITUTE
FOR
SENATE BILL NO. 419
(By Senator Manchin)
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[Originating in the Committee on Finance;
reported March 30, 1993.]
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A BILL to amend and reenact sections two and nine, article five-
c, chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; to amend and
reenact section two, article five-e of said chapter; and to
amend and reenact sections one and two-a, article five-h of
said chapter, all relating to nursing, personal care and
residential board and care homes; defining terms; amending
the definitions of the various types of homes regarding
number of patients or residents; authorizing the director of
the division of health to waive certain requirements;
inspections; and deleting the requirement that certain
residential board and care homes have sprinkler systems.
Be it enacted by the Legislature of West Virginia:
That sections two and nine, article five-c, chapter sixteen
of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted; that section two,
article five-e of said chapter be amended and reenacted; and thatsections one and two-a, article five-h of said chapter be amended
and reenacted, all to read as follows:
ARTICLE 5C. NURSING AND PERSONAL CARE HOMES AND RESIDENTIAL
BOARD AND CARE HOMES.
§16-5C-2. Definitions.
As used in this article, unless a different meaning appears
from the context:
(a) The term "director" means the director of the division
of health or his or her designee;
(b) The term "facility" means any nursing home, personal
care home or residential board and care home as defined in
subsections (c), (d) and (e) of this section: Provided, That the
care or treatment in a household, whether for compensation or
not, of any person related by blood or marriage, within the
degree of consanguinity of second cousin to the head of the
household, or his or her spouse, may not be considered to
constitute a nursing home, personal care home or residential
board and care home within the meaning of this article. Nothing
contained in this article applies to hospitals, as defined under
section one, article five-b of this chapter, or state
institutions as defined under section three, article one, chapter
twenty-five of this code or section six, article one, chapter
twenty-seven of this code, or nursing homes operated by the
federal government or the state government, or institutions
operated for the treatment and care of alcoholic patients, or
offices of physicians, or hotels, boarding homes or other similar
places that furnish to their guests only room and board, or
extended care facilities operated in conjunction with a hospital;
(c) The term "nursing home" means any institution, residence
or place, or any part or unit thereof, however named, in this
state which is advertised, offered, maintained or operated by the
ownership or management, whether for a consideration or not, for
the express or implied purpose of providing accommodations and
care, for a period of more than twenty-four hours, for four or
more persons who are ill or otherwise incapacitated and in need
of extensive, on-going nursing care due to physical or mental
impairment, or which provides services for the rehabilitation of
persons who are convalescing from illness or incapacitation;
(d) The term "personal care home" means any institution,
residence or place, or any part or unit thereof, however named,
in this state which is advertised, offered, maintained or
operated by the ownership or management, whether for a
consideration or not, for the express or implied purpose of
providing accommodations, personal assistance and supervision,
for a period of more than twenty-four hours, to four or more
persons who are dependent upon the services of others by reason
of physical or mental impairment but who do not require
extensive, on-going nursing care;
(e) The term "residential board and care home" means any
residence or place, or any part or unit thereof, however named,
in this state which is advertised, offered, maintained or
operated by the ownership or management, whether for
consideration or not, for the express or implied purpose of
providing accommodations, personal assistance and supervision,
for a period of more than twenty-four hours, to four to ten
persons who are not related to the owner or manager by blood ormarriage within the degree of consanguinity of second cousin and
are dependent upon the services of others by reason of physical
or mental impairment but who do not require nursing care, except
as waived by the director and who are capable of
self-preservation;
(f) The term "nursing care" means those procedures commonly
employed in providing for the physical, emotional and
rehabilitational needs of the ill or otherwise incapacitated
which require technical skills and knowledge beyond that which
the untrained person possesses, including, but not limited to,
such procedures as: Irrigations, catheterizations, special
procedures contributing to rehabilitation and administration of
medication prescribed by a physician by any method which involves
a level of complexity and skill in administration not possessed
by the untrained person;
(g) The term "personal assistance" means personal services,
including, but not limited to, the following: Help in walking,
bathing, dressing, feeding or getting in or out of bed, or
supervision required because of the age or mental impairment of
the resident;
(h) The term "patient" means an individual under care in a
nursing home;
(i) The term "resident" means an individual living in a
personal care home or a residential board and care home;
(j) The term "sponsor" means the person or agency legally
responsible for the welfare and support of a patient or resident;
(k) The term "person" means an individual and every form of
organization, whether incorporated or unincorporated, includingany partnership, corporation, trust, association or political
subdivision of the state.
The director may define in regulations any term used in this
article which is not expressly defined.
§16-5C-9. Inspections.
The director and any duly designated employee or agent
thereof have the right to enter upon and into the premises of any
facility for which a license has been issued, for which an
application for license has been filed with the director, or
which the director has reason to believe is being operated or
maintained as a nursing home or personal care home without a
license. If the entry is refused by the owner or person in
charge of any facility, the director shall apply to the circuit
court of the county in which the facility is located or the
circuit court of Kanawha county for a warrant authorizing
inspection, and the court shall issue an appropriate warrant if
it finds good cause for inspection.
The director, by the director's authorized employees or
agents, shall conduct at least one inspection prior to issuance
of a license pursuant to section six of this article, and shall
conduct periodic unannounced inspections thereafter, to determine
compliance by the facility with applicable statutes and
regulations promulgated thereunder. All facilities shall comply
with regulations of the state fire commission. The state fire
marshal, by his or her employees or authorized agents, shall make
all fire, safety and like inspections. The director may provide
for such other inspections as the director may consider necessary
to carry out the intent and purpose of this article.
ARTICLE 5E. REGISTRATION OF SERVICE PROVIDERS IN LEGALLY
UNLICENSED HEALTH CARE FACILITIES.
§16-5E-2. Definitions.
As used in this article, unless a different meaning appears
from the context:
(a) The term "consumer" means an individual who is provided
services, whether or not for a fee, by a service provider, but
consumer does not include a person receiving services provided by
another who is related to him or her or the spouse thereof by
blood or marriage, within the degree of consanguinity of second
cousin;
(b) The term "director" means the director of the division
of health or his or her designee;
(c) The term "nursing care" means those procedures commonly
employed in providing for the physical, emotional and
rehabilitational needs of the ill or otherwise incapacitated
which require technical skills and knowledge beyond that which
the untrained person possesses, including, but not limited to,
such procedures as: Irrigations; catheterizations; special
procedures contributing to rehabilitation; and administration of
medication prescribed by a physician by any method which involves
a level of complexity and skill in administration not possessed
by the untrained person;
(d) The term "personal assistance" means personal services,
including, but not limited to, the following: Help in walking,
bathing, dressing, feeding or getting in or out of bed, or
supervision required because of the age or physical or mental
impairment of the resident;
(e) The term "service provider" means the individual
administratively responsible for providing to consumers for a
period of more than twenty-four hours, whether for compensation
or not, nursing care or personal assistance for one to three
consumers.
ARTICLE 5H. RESIDENTIAL BOARD AND CARE HOMES.
§16-5H-1. Definitions.
(a) The term "residential board and care home" means any
residence or place or any part or unit thereof, however named, in
this state which is advertised, offered, maintained or operated
by the ownership or management, whether for a consideration or
not, for the express or implied purpose of providing
accommodations, personal assistance and supervision, for a period
of more than twenty-four hours, to four to ten persons who are
not related to the owner or manager by blood or marriage, within
the degree of consanguinity of second cousin, and who are
dependent upon the services of others by reason of physical or
mental impairment, but who do not require nursing care, except as
waived by the director and who are capable of self-preservation.
(b) The term "self-preservation" means that a person is, at
least, capable of removing his or her physical self from
situations involving imminent danger, such as fire.
§16-5H-2a. Fire protection.
All residential board and care homes shall comply with
regulations of the state fire commission. The state fire
marshal, by his or her employees or authorized agents, shall make
all fire, safety and like inspections.