H. B. 4718


(By Delegates Leach and Hubbard)

[Introduced February 25, 2000; referred to the

Committee on Government Organization then Finance.]





A BILL to amend article five-h, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nineteen, relating to the establishment of the care home advisory committee.

Be it enacted by the Legislature of West Virginia:
That article five-h, 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 nineteen, to read as follows:
ARTICLE 5H. CARE HOMES.
§16-5H-19. Care home advisory committee.
(a) There is hereby established the care home advisory committee, which shall perform its functions relative to personal care homes, as defined and regulated in article five-d of this chapter and relative to residential board and care homes as defined and regulated in article five-h of this chapter. The committee shall consist of eleven members: Five members to be appointed by the governor, one of whom shall be a member of a consumer advocacy group, two members, who are not senators, one of whom shall be a personal care home operator, to be appointed by the president of the West Virginia Senate; two members, who are not delegates, one of whom shall be a residential board and care home operator, to be appointed by the speaker of the West Virginia House of Delegates; and the chairpersons of the House and Senate committees on health and human resources.
(b) Initial appointments to the committee shall be for staggered terms as follows: Three members shall be appointed for two-year terms; three members shall be appointed for three-year terms; three members shall be appointed for four-year terms, who shall be from the same category of membership. Subsequent appointments to the committee shall be for four-year terms. At the expiration of any member's term, the member may be reappointed or replaced: Provided, That no member may serve more than two consecutive terms.
(c) Committee members may be removed from service on the committee before the expiration of their terms for malfeasance or the result of an infirmity and an inability to serve: Provided, That no member may be removed except as the removal is directed and approved by the governor.
(d) The committee shall meet no less than four times annually. The committee shall advise, assist and make recommendations to the governor and the Legislature concerning issues facing the care home industry and the need for the implementation of additional rules or the elimination of existing rules.
(e) The committee shall also facilitate communications between any governmental agencies or other public entities in order to determine if any legislative or administrative rule that affects the care home industry in this state is in conflict with any other rule or policy.
(f) Members of the committee are not entitled to compensation for services performed as members, but are entitled to reimbursement for all reasonable and necessary expenses actually incurred in the performance of their duties, which shall be paid from the funds of health and human resources. A majority of the members constitutes a quorum for the purpose of conducting business. The committee shall elect its chair for a term to run concurrent with the term of office of the member elected as chair. The chair is eligible for successive terms in that position.
(g) The committee shall commence its functions on the first day of July, two thousand and it shall continue until the last day of June, two thousand two, or until otherwise continued by the Legislature.




NOTE: The purpose of this bill is to act as liaison between government and other public entities to determine whether legislation and administrative rules conflict in any manner which adversely affects the home care industry in the state.

§16-5H-19 is new; therefore, strike-throughs and underscoring have been omitted.