H. B. 2875
(By Delegates Tillis, H. White,
Johnson, Givens, Compton,
Hubbard and Leach)
[Introduced February 23, 1999; referred to the
Committee on Health and Human Resources then Government
Organization.]
A BILL to amend article two, chapter nine of the code of West
Virginia, one thousand nine hundred thirty-one, as amended,
by adding thereto a new section, designated section twelve,
relating to requiring the secretary of the department of
health and human resources to provide for reservation of a
nursing home resident's place in a nursing facility during
additional visits or leave away from the facility.
Be it enacted by the Legislature of West Virginia:
That article two, chapter nine of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, be amended by
adding thereto a new section, designated section twelve, to read
as follows:
ARTICLE 2. DEPARTMENT OF HEALTH AND HUMAN RESOURCES, AND OFFICE
OF COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY.
§9-2-12. Secretary to provide for expanded leave away from nursing facility by resident, during which resident's
bed is reserved.
The secretary of the department of health and human
resources shall provide for the reservation of a resident's bed
and living space in a nursing facility at the established per
diem rate, upon return from one or more temporary absences for a
total of thirty-six days per year. This number includes absences
for both medical and nonmedical therapeutic leave. Reservation
shall be provided only if the facility's occupancy rate is
greater than ninety-five percent, and the facility has a waiting
list for admissions. The bed and space reserved shall be the
same as was occupied by the resident prior to the medical or
nonmedical therapeutic leave, unless the resident's physical
condition upon returning to the facility prohibits access to the
bed.
NOTE: The purpose of this bill is to expand the number of
days per year that a nursing facility resident's bed and personal
space is reserved when the resident is away from the facility on
medical or therapeutic leave.
This section is new; therefore, strike-throughs and
underscoring have been omitted.