H. B. 4046
(By Delegates Walters, Nesbitt, Fragale,
Burke, Harrison, Love and Henderson)
[Introduced January 12, 1996; referred to the
Committee on Health and Human Resources then Government
A BILL to amend article two-c, chapter sixteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
six, relating to creating a residential board and care home
Be it enacted by the Legislature of West Virginia:
That article two-c, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section six,
to read as follows:
ARTICLE 2C. HOME HEALTH SERVICES.
§16-2C-6. Residential board and care home advisory committee;
terms of members; duties of committee.
There is hereby established the residential board and care
home advisory committee. The committee shall consist of eleven
members, five members to be appointed by the governor and four
members to be appointed by the West Virginia residential board
and care home association. Terms of committee members shall be
for four years. The remaining two members shall be the
chairpersons of the House and Senate committees on health and
human resources. At the expiration of any member's term, such
member may be reappointed or replaced: Provided, That no member
may serve more than two consecutive terms. Committee members may
be removed from service on the committee before the expiration of
their terms for misfeasance or as the result of infirmity and an
inability to serve: Provided, however, That no member may be
removed except as such removal is directed or approved by the
The committee shall meet no less than four times annually.
The committee shall advise, assist, and make recommendations to
the governor and the Legislature concerning the need for the
implementation of additional rules or the elimination of existing
The committee shall also facilitate communications between
any governmental agencies or other public entities in order to determine if any legislative or administrative rule that affects
the residential board and care home industry in this state is in
conflict with any other such rule or policy.
NOTE: The purpose of this bill is to create the residential
board and care home advisory committee. The committee's primary
responsibility is to review rules promulgated by the department
of health and human resources that govern residential board and
care home service providers.
This section is new; therefore, strike-throughs and
underscoring have been omitted.