H. B. 2308


(By Mr. Speaker, Mr. Kiss)


[Introduced Janaury 19, 1999; referred to the


Committee on Health and Human Resources then Finance.]
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 home health services; requiring the
department of health and human resources to implement a
training or certification program, with drug testing program
and criminal background checks, for all in-home care
workers; and rule-making authority.
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. Rule making authorized.



The director of the division of health shall propose
legislative rules for promulgation in accordance with the
provisions of article three, chapter twenty-nine-a of this code
to: (1) Establish and implement a training or certification
program for all in-home care workers employed by all state or
private agencies for in-home services; (2) establish a random
drug testing program for all in-home care workers employed by all
state or private agencies for in-home services
; (3) establish a
mandatory criminal background check of all in-home care workers
employed by all state or private agencies for in-home services;
and (4) establish a date for implementation of these programs,
which may not be later than the first day of July, two thousand.



NOTE: The purpose of this bill is to require the Department
of Health and Human Resources to implement a training or
certification program, with drug testing program and criminal
background checks, for all in-home care workers.



§16-2C-6 is new; therefore, strike-throughs and underscoring
have been omitted.