H. B. 4046
(By Delegates Walters, Nesbitt, Fragale,
Burke, Harrison, Love and Henderson)
(Originating in the Committee on Government Organization)
[February 28, 1996]
A BILL to amend article five-h, chapter sixteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
four, relating to residential board and care homes;
legislative findings with respect to rules; creating a
residential board and care home advisory committee; and
prohibiting filing emergency rules.
Be it enacted by the Legislature of West Virginia:
That article five-h, 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 four,
to read as follows:
ARTICLE 5H. RESIDENTIAL BOARD AND CARE HOMES.
§16-5H-4. Residential board and care home advisory committee;
terms of members; duties of committee.
(a) The Legislature finds and declares that the proposed
rules for residential board and care homes filed by the division
of health in the office of the secretary of state on the
fifteenth day of December, one thousand nine hundred ninety-five raise serious concern that the rules may increase the cost of
care and regulatory burdens without having any direct positive
impact on the welfare of residents of residential board and care
homes, and that some changes to rules may damage those residents
whose placement is lost or jeopardized. The Legislature further
finds that no emergency exists justifying the filing of the rules
on an emergency basis. Therefore, 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, one of whom shall be a member of a
consumer advocacy group; two members to be appointed by the West
Virginia residential board and care home association; two members
to be from licensed providers of residential board and care
services who are not members of the West Virginia residential
board and care homes association; and the chairpersons of the
House and Senate committees on health and human resources.
(b) Initial appointments to the committee shall be for
staggered terms as follows: Three members shall be appointed for
two year terms; three members shall be appointed for three year
terms; and three members shall be appointed for four year terms:
Provided, That none of the members appointed for the initial two
year terms shall be from the same category of membership.
Subsequent appointments to the committee shall be for four year
terms. At the expiration of any member's term, such member may
be reappointed or replaced: Provided, however, That no member
may serve more than two consecutive terms.
(c) 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 governor.
(d) 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 rules.
(e) 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.
(f) Rules for residential board and care homes may not be
filed as emergency rules.