ENGROSSED

COMMITTEE SUBSTITUTE

FOR

Senate Bill No. 109

(By Senator Oliverio)

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(Originating in the Committee on Health and Human Resources;



reported on March 28, 1997.)

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A BILL to amend chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article eighteen, relating to creation of the personal assistance act; short title; legislative policy; establishment of program; designating the state department of health and human resources as the responsible state agency; designating the West Virginia statewide independent living council as the organization responsible for programs, funding and rules; and reports.

Be it enacted by the Legislature of West Virginia:
That chapter twenty-seven of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article eighteen, to read as follows:
ARTICLE 18. PERSONAL ASSISTANCE ACT.

§27-18-1. Short title.

This article shall be known and may be cited as the "Ron Yost Personal Assistance Services Act."
§27-18-2. Declaration of policy.
It is hereby declared to be the public policy of this state that:
(a) The increased availability of personal assistance services for persons with disabilities will enable them to live in their own homes and communities;
(b) Recipients of personal assistance will be those with severe disabilities, including mental, sensory, and/or physical impairments who are in danger of being moved from the living arrangement of their choice to a restrictive setting;
(c) Recipients of personal assistance have the right to make decisions regarding and to control the provision of their personal assistant services. This includes, but is not limited to, hiring, training, managing, paying and terminating of an assistant's employment;
(d) The West Virginia statewide independent living council shall have within its framework the following five basic principles:
(1) Services shall be available where they are needed, either at home or in the community;
(2) Services shall be available when they are needed, as scheduled or on an emergency basis;
(3) Recipients shall contribute to the cost of services based on their ability to pay;
(4) Recipients shall be granted control over their services to the fullest extent possible, including how, when and by whom services shall be provided; and
(5) Eligibility shall be based on functional needs rather than medical diagnosis.
(e) Personal assistance services shall be available on a statewide basis.
§27-18-3. Definitions.
The following words and phrases when used in this article have the meanings given to them in this section unless the context clearly indicates otherwise:
(a) "Personal assistance services" means:
(1) Those basic and ancillary services which enable eligible individuals to live in their homes and communities rather than in institutions or other restrictive settings and to carry out functions of daily living, self-care, and mobility;
(2) Basic services include, but are not limited to:
(A) Getting in and out of a bed, wheelchair or motor vehicle;
(B) Assistance with routine bodily functions, including, but not limited to:
(i) Health maintenance activities;
(ii) Bathing and personal hygiene;
(iii) Dressing and grooming; and
(iv) Eating, including preparation and cleanup.
(b) "Personal assistant" means an individual of the recipient's choice who provides personal assistance services for the eligible individual.
(c) "Recipient or Consumer" means any individual with a physical, mental or sensory impairmehnt which affects one or more major life activity who meets all of the following requirements:
(1) Experiences any physical, mental and/or sensory impairment which can be expected to recur or last for a period of not less than twelve months as determined by the evaluation conducted by functional assessment. The consumer board established by the West Virginia statewide independent living council shall have the responsibility of determining eligibility based on the findings of these assessments.
(2) Is capable of selecting, supervising and, if needed, terminating the employment of an assistant, or has a designated individual to assume those responsibilities, with support from the West Virginia statewide independent living council when necessary;
(3) Is capable of managing his or her own financial and legal affairs, or has a designated individual to assume those responsibilities, with support from the West Virginia statewide independent living council when necessary; and
(4) Requires assistance to complete functions of daily living, self-care and mobility, including, but not limited to, those functions included in the definition of personal assistance services.
§27-18-4. Program.
(a) Oversight responsibility for compliance with the purposes of this act shall reside with the department of health and human resources; oversight and administration of the personal assistance services program will be the responsibility of the West Virginia statewide independent living council.
(b) The West Virginia statewide independent living council shall establish a five-member consumer board to develop the programs of personal assistance services for recipients. The board shall be composed of individuals receiving personal assistance services or those with disabilities: Provided, That one member of the consumer board shall be a representative of the West Virginia statewide independent living council with a disability.
(c) Determination of eligibility and the need for personal assistance services shall be based on assessments conducted using a tool developed by the West Virginia statewide independent living council. Each consumer assessment shall include a written report which shall be filed with the West Virginia statewide independent living council.
(d) Each personal assistant shall work as needed: Provided, That no recipient shall be reimbursed for services in excess of forty hours per week.
(e) The West Virginia statewide independent living council shall develop a waiting list for those eligible individuals who cannot be served immediately.
§27-18-5. Funding.
(a) Funds made available under this article shall be used only for the planning, designing, delivering and administering of personal assistance services and training.
(b) Programs for personal assistance services, under this article, shall use program funds from a number of sources, including state and federal funds. The West Virginia statewide independent living council shall apply for and use all available funding sources to carry out the program of personal assistance services under this article.
(c) Funds shall be disbursed in a manner which ensures maximum consumer control with the service of the program.
(d) Personal assistance services shall be available only to the extent funding is available through annual appropriations of state, federal and other allotted funds..
§27-18-6. Rules.
The West Virginia statewide independent living council, as directed by the consumer board, shall propose such rules as may be necessary for the effective administration of this article, including a sliding scale for funding reimbursement based on the recipient's ability to contribute to the cost of services.
§27-18-7. Report.
An annual report on program services shall be filed with the legislature and shall include a summary of the personal assistance services provided under this article and recommendations regarding the program for upcoming fiscal years.