BILL-Health, State Aid
Senate Bill No. 181
(By Senators Manchin, Anderson, Grubb and Minard)
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[Introduced January 31, 1994; referred to the
Committee on Health and Human Resources; then to the
Committee on Finance; and
then to the Committee on the Judiciary.]
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A BILL to amend and reenact section one, article five, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
department of health and human resources to promulgate
legislative rules relating to the distribution of state aid
funds to local boards of health.
Be it enacted by the Legislature of West Virginia:
That section one, article five, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-1. Department of health and human resources.
(a) The legislative rules filed in the state register on the
twenty-second day of January, one thousand nine hundred ninety,modified by the secretary of the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
fifth day of January, one thousand nine hundred ninety, relating
to the secretary of the department of health and human resources
(implementation of omnibus health care act), are authorized.
(b) The legislative rules filed in the state register on the
twenty-second day of January, one thousand nine hundred ninety,
modified by the secretary of the department of health and human
resources to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
fifth day of January, one thousand nine hundred ninety, relating
to the secretary of the department of health and human resources
(implementation of omnibus health care act payment provisions),
are authorized.
(c) The legislative rules filed in the state register on the
twentieth day of March, one thousand nine hundred ninety-two,
modified by the department of health and human resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the seventeenth day of
November, one thousand nine hundred ninety-two, relating to the
department of health and human resources (infectious medical
waste), are authorized with the amendments set forth below:
"On page seventeen, subsection 8.2, by after the words '(45)
days.' by inserting the following language: 'Facilities that
treat infectious medical waste on-site shall not store the
infectious medical waste more than thirty (30) days.';
On page twenty-one, subdivision 10.1.2., by after the words
'disposed of' striking out the words 'as solid waste' and
inserting in lieu thereof the words 'in the same manner as ash
from solid waste incineration and as provided in subdivision
10.2.5. of this rule.';
On page twenty-six, subsection 11.7., by after the words
'permit to' inserting the words 'own, operate and';
On page twenty-six, subsection 11.7., by striking out the
word 'publish' and inserting in lieu thereof the words 'announce
the public hearing required by subsection 11.9. of this rule by
publishing';
On page twenty-six, by further amending subsection 11.7. by
adding thereto a new subdivision, designated subdivision
11.7.1.4. to read as follows: 'The announcement of the date,
time and place where the hearing is to be conducted, shall be
made at least fourteen (14) but not more than forty-five (45)
days prior to the hearing;
And,
On page twenty-six, subsection 11.9, by after the words
'proposing to' inserting the words 'own, construct and'.
(d) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred ninety-two,
modified by the department of health and human resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-seventh day of
January one thousand nine hundred ninety-three, relating to the
department of health and human resources (residential board andcare homes), are authorized.
(e) The legislative rules filed in the state register on the
ninth day of September, one thousand nine hundred ninety-three,
modified by the department of health and human resources to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-fourth day of
January, one thousand nine hundred ninety-four, relating to the
department of health and human resources (distribution of state
aid funds to local boards of health), are authorized.
NOTE: The purpose of this bill is to authorize the
Department of Health and Human Resources to promulgate
legislative rules relating to the distribution of state aid funds
to local boards of health.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.