BILL-Health, Hospital
Senate Bill No. 183

(By Senators Manchin, Anderson, Grubb and Minard)

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[Introduced January 31, 1994; referred to the

Committee on Health and Human Resources; 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 hospital licensure.

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, relatingto 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 subdivision10.2.5. 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 and care homes), are authorized.
(e) The legislative rules filed in the state register on the seventh day of January, one thousand nine hundred ninety-four, modified by the department of health and human resources to meetthe 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 (hospital licensure), are authorized.

NOTE: The purpose of this bill is to authorize the Department of Health and Human Resources to promulgate legislative rules relating to hospital licensure.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.