H. B. 2389
(By Delegates Hatfield, Ashley, Perdue and Houston)
[Introduced January 26, 1999; referred to the
Committee on Health and Human Resources then Government
A BILL to amend and reenact section five, article five-c, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring
sufficient nursing care in nursing homes; and requiring
posting of certain staffing information.
Be it enacted by the Legislature of West Virginia:
That section five, article five-c, chapter sixteen of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 5C. NURSING AND PERSONAL CARE HOMES AND RESIDENTIAL
BOARD AND CARE HOMES.
§16-5C-5. Minimum standards for nursing homes; rules.
(a)(1) Subject to the provisions of this article and rules
promulgated under this article, the number and type of nursing
personnel providing direct resident care shall be determined by the director of nursing of the facility based upon on-going
individual resident care needs' assessments conducted by a
licensed registered professional nurse. For all facilities, each
nursing unit shall be supervised by a licensed registered
professional nurse, and skilled nursing facilities shall have a
licensed registered professional nurse on duty twenty-four hours
a day to supervise and assist with the care of residents.
Personnel providing direct resident care shall be licensed
registered professional nurses, licensed practical nurse or
certified nurse aides, except that special staff or volunteers
may be used to assist in feeding residents if the staff or
volunteers have received special training and are supervised
directly by a licensed nurse.
(2) A nursing home shall, at a minimum, maintain a ratio of
residents to licensed registered professional nurses of no more
(A) Eight residents for each licensed registered
professional nurse during a morning shift;
(B) Ten residents for each licensed registered professional
nurse during a day shift; and
(C) Fifteen residents for each licensed registered
professional nurse during an evening shift.
(3) Every nursing home shall post for each wing and floor of
the facility and for each shift the current number of licensed and nonlicensed nursing staff directly responsible for resident
care and the current ratios of residents to staff, which show
separately the number of residents to licensed nursing staff and
the number of residents to nonlicensed nursing staff.
(b) All rules shall be proposed for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code. The director shall recommend the
adoption, amendment or repeal of such rules as may be necessary
or proper to carry out the purposes and intent of this article.
(b) (c) Subject to the provisions of subsection (a) of this
section, the director shall recommend rules establishing minimum
standards of operation of nursing homes including, but not
limited to, the following:
(1) Administrative policies, including:
(A) An affirmative statement of the right of access to
nursing homes by members of recognized community organizations
and community legal services programs whose purposes include
rendering assistance without charge to residents, consistent with
the right of residents to privacy; and
(B) A statement of the rights and responsibilities of
residents in nursing homes which prescribe, as a minimum, such a
statement of residents' rights as included in the United States
department of health and human services regulations, in force on
the effective date of this article, governing participation of nursing homes in the medicare and medicaid programs pursuant to
titles eighteen and nineteen of the Social Security Act;
(2) Minimum numbers of administrators, medical directors,
nurses, aides and other personnel according to the occupancy of
(3) Qualifications of facility's administrators, medical
directors, nurses, aides, and other personnel;
(4) Safety requirements;
(5) Sanitation requirements;
(6) Personal services to be provided;
(7) Dietary services to be provided;
(8) Medical records;
(9) Social and recreational activities to be made available;
(10) Pharmacy services;
(11) Nursing services;
(12) Medical services;
(13) Physical facility;
(14) Resident rights; and
(15) Admission, transfer and discharge rights.
NOTE: The purpose of this bill is to require nursing homes
to have sufficient nursing personnel so that quality care is
provided for residents.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language that would be added.