H. B. 4460
(By Delegates Marshall, Houston,
Fleischauer and Warner)
[Introduced February 9, 2000; referred to the
Committee on Health and Human Resources then Government
Organization.]
A BILL to amend chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article five-r, relating to
the "Alzheimer's special care standards act"; legislative
findings and declarations; requirement of disclosure of
treatment forms; secretary of health and human resources to
propose legislative rules designed to set minimum standards of
care and treatment of alzheimer patients.
Be it enacted by the Legislature of West Virginia:
That chapter sixteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article five-r, to read as
follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 5R. THE ALZHEIMER'S SPECIAL CARE STANDARDS ACT.
§16-5R-1. Name of act.
This act shall be known and may be cited as the "Alzheimer's
Special Care Standards Act."
§16-5R-2. Findings and declarations.
The Legislature finds and declares that:
(a) Certain nursing homes and related facilities, adult
congregate living facilities, adult day care centers, hospices and
adult foster homes claim to provide special care units and services
for persons who have alzheimer's disease;
(b) It is in the public interest to provide for the
protection of consumers regarding the accuracy and authenticity of
such claims; and
(c) The provisions of this article are intended to require
the facilities to actually provide the care they claim to offer,
require records of such claims to be kept, require the appropriate
state licensing agency to examine the performance and provide
penalties as the agency considers appropriate.
§16-5R-3. Definition of alzheimer's special care unit/program.
For the purposes of this article, "Alzheimer's Special Care
Unit/Program," means any nursing facility, residential
care/assisted living facility, adult congregate living facility,
home health agency, adult day care center, hospice or adult foster
home that secures, segregates or provides a special program or
special unit for residents with a diagnosis of probable alzheimer's disease or a related disorder; and that advertises, markets or
otherwise promotes the facility as providing specialized
alzheimer's/dementia care services.
§16-5R-4. Alzheimer's special care disclosure required.
(a) Any facility which offers to provide or provides care for
a person with alzheimer's disease by means of an alzheimer's
special care unit/program shall be required to disclose the form of
care or treatment: Provided, That distinguish it as being
especially applicable to, or suitable for, such persons. The
disclosure shall be made to the department of health and human
resources and to any person or the person's guardian or relative,
seeking placement within an alzheimer's special care unit/program.
The department of health and human resources shall examine all such
disclosures in the agency's records as part of the facility's
license renewal procedure and verify their accuracy.
(b) The information disclosed shall explain the additional
care provided in each of the following areas:
(1) Treatment philosophy: The alzheimer's special care
unit/program's written statement of its overall treatment
philosophy and mission which reflects the needs of residents
afflicted with dementia;
(2) Screening, admission and discharge procedures,
assessment, care planning and implementation and staffing patterns
and training ratios unique to the unit;
(3) Physical environment and design features appropriate to
support the functioning of cognitively impaired adult residents;
(4) Residents' activities: The frequency and types of
resident activities;
(5) Family role in care: The involvement of families and the
availability of family support programs;
(6) Program costs: The costs of care and any additional fees
unique to the alzheimer's special care unit/program.
(c) If the facility advertising, marketing or otherwise
promoting the facility as providing specialized alzheimer/dementia
care services does not meet those specific standards established by
the department of health and human resources, the department of
health and human resources shall instruct the facility to cease
such advertising, marketing or promoting.
§16-5R-5. Secretary to propose rules.
The secretary of the department of health and human resources
shall propose rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code,
setting minimum standards for the care and treatment of persons
with alzheimer's disease and other dementia in such alzheimer's
special care units.
NOTE: The purpose of this bill is to create the "Alzheimer's
Special Care Standards Act." The bill sets forth legislative
findings and declarations, defines alzheimer's special care/unit
program, requires facilities offering care to alzheimer's patients
to disclose the form of care they dispense, and requires the
department of health and human resources to propose legislative
rules for minimum treatment and care standards.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
HEALTH AND HUMAN RESOURCES COMMITTEE AMENDMENT
On page one, line twenty-three, following the enacting
section, by striking out the remainder of the bill and inserting in
lieu thereof the following:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 5R. THE ALZHEIMER'S SPECIAL CARE STANDARDS ACT.
§16-5R-1. Name of act.
This act shall be known and may be cited as the "Alzheimer's
Special Care Standards Act."
§16-5R-2. Findings and declarations.
The Legislature finds and declares that:
(a) Certain nursing homes and related facilities, adult
congregate living facilities, adult day care centers, hospices and
adult foster homes claim to provide special care units and services
for persons who have alzheimer's disease;
(b) It is in the public interest to provide for the
protection of consumers by ensuring the accuracy and authenticity
of such claims; and
(c) The provisions of this article are intended to require
the facilities to actually provide the care they claim to offer,
require written disclosure of special services provided, require
the appropriate state licensing agency to examine the performance
of such facilities in providing special services for persons who
have alzheimer's disease, and provide penalties for failure to
provide the services claimed as the agency considers appropriate.
§16-5R-3. Definition of alzheimer's special care unit/program.
For the purposes of this article, the following definitions
apply:
(a) "Alzheimer's disease" means a diagnosis of pre-senile
dementia or senile dementia-Alzheimer type (SDAT), characterized by
confusion, memory failure, disorientation, restlessness, agnosia,
speech disturbances, inability to carry out purposeful movements
and hallucinosis.
(b) "Alzheimer's Special Care Unit or Program," means any
facility that secures, segregates or provides a special program or
special unit for residents with a diagnosis of probable alzheimer's
disease or a related disorder and that advertises, markets or
otherwise promotes the facility as providing specialized
alzheimer's or dementia care services.
(c) "Department" means the department of health and human
resources.
(d) "Facility" means any nursing home or facility,
residential board and care home, personal care home, assisted
living facility, adult congregate living facility, home health
agency, adult day care center, hospice or adult foster home situate
or operating in this state.
(e) "Resident" means an individual living in a facility that
offers an alzheimer's special care unit or program.
(f) "Secretary" means the secretary of the department of
health and human resources.
§16-5R-4. Alzheimer's special care disclosure required.
(a) Any facility which offers to provide or provides care for
a person with alzheimer's disease through an alzheimer's special
care unit or special care program shall disclose in writing the
form of care or treatment that distinguishes the unit or program as
being especially applicable to or suitable for such persons. The
disclosure shall be provided to the department of health and human
resources, to any person seeking placement within an alzheimer's
special care unit or program, and to any legal guardian or relative
acting on behalf of a resident or person seeking placement.
(b) The department of health and human resources shall
examine all disclosures provided to it as part of the facility's
license renewal procedure and verify the accuracy of the
disclosures.
(c) The disclosure required by this section shall include the
following information:
(1) A statement of the overall treatment philosophy and
mission of the special care unit or program which reflects the
needs of residents afflicted with alzheimer's disease or dementia;
(2) A description of the facility's screening, admission and
discharge procedures, assessment, care planning and implementation,
staffing patterns and training ratios unique to the program or
unit;
(3) A description of the physical environment and design
features and an explanation of how they are appropriate to support
the functioning of cognitively impaired adult residents;
(4) A description of activities available to residents, the
frequency and types of resident activities, and how they are
specialized for residents who suffer from alzheimer's disease;
(5) A statement that describes the involvement of families in
the care of residents and the availability of family support
programs;
(6) The costs of care and any additional fees unique to the
alzheimer's special care unit or program.
§16-5R-5. Standards for care; rules.
(a) The secretary shall propose rules for legislative
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code, setting minimum standards for
the care and treatment of persons with alzheimer's disease and
other dementia in facilities offering alzheimer's special care
units or programs.
(b) The standards established pursuant to this section shall
apply to all facilities offering alzheimer's special care units or
program and shall be in addition to any other statutory
requirements, rules or standards that are applicable to the
facility.
(c) The secretary shall enforce the rules and standards for
alzheimer's special care units or programs and shall exercise all
powers necessary for such enforcement, including investigation and
reporting of violation of the rules, issuance of notices or
warnings to facilities found in violation of the standards,
assessment of civil penalties in accordance with the applicable
licensing provisions of the facility, and suspension or revocation of licenses.
(d) If a facility advertising, marketing or otherwise
promoting the facility as providing specialized alzheimer or
dementia care services does not meet the standards established by
the secretary, the department shall instruct the facility to cease
such advertising, marketing or promoting.
HEALTH AND HUMAN RESOURCES COMMITTEE TITLE AMENDMENT
H. B. 4460 -- "A Bill to amend chapter sixteen of the code of
West Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new article, designated article five-r, relating
to the "Alzheimer's special care standards act"; legislative
findings and declarations; defining terms; requiring written
disclosure of care or treatment of alzheimer residents; authorizing
the secretary of health and human resources to propose legislative
rules designed to set minimum standards of care and treatment of
alzheimer patients; and authorizing the secretary to enforce the
standards, investigate facilities and issue warnings and other
penalties."