H. B. 4795
(By Delegates Compton, Hatfield and Marshall)
(Originating in the House Committee on
Health and Human Resources)
[March 1, 2000]
A BILL to amend article five-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 twenty,
relating to wage increases for direct care staff in nursing
homes; authorizing the department of health and human
resources to promulgate rules for wage and staff agreements;
establishing guidelines; requiring procedures for inspection,
certification of compliance and enforcement of rules;
providing for compliance dates and authorizing sanctions.
Be it enacted by the Legislature of West Virginia:
That article five-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 twenty,
to read as follows:
ARTICLE 5C. NURSING HOMES.
§16-5C-20. Special rules for staffing agreements.
(a) The Legislature recognizes that wage rates and staffing
levels in nursing homes directly and indirectly affect the
sufficiency, quality and appropriateness of services for residents
of the nursing homes, affect the quality, competency and safety of
nursing homes workers, and affect the cost of services to
residents. The Legislature also recognizes the willingness of
nursing home facilities and the department of health and human
resources to address these issues and develop a feasible plan for
wage levels and staffing ratios that benefits both the residents
and the employees of nursing homes.
(b) 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 that establish a plan for providing wage
increases to direct care workers in nursing home facilities. The
rules shall include, but not be limited to, provisions for the
following matters:
(1) Development of a plan between the department and nursing
home facilities that addresses wage increases and staffing ratios
for direct care staff in nursing home facilities.
(2) Development of a methodology by which nursing home
facilities shall increase the wages for direct care staff and
receive a partial reimbursement for such increase from the
department upon certification that the wages were indeed paid to the nursing home employees.
(3) Procedures for the department regarding inspection of
facilities, certification of compliance with the plan, enforcement
of the rules, notification of violations and issuance of sanctions.
(4) Establishment of a compliance date not to extend beyond
the first day of June two thousand one.
(5) Sanctions to be imposed upon nursing home facilities that
fail to meet the requirements of the rules. In addition to any
penalty or sanction imposed pursuant this article, any nursing home
facility that does not comply with the wage increase plan by the
compliance date shall be required to implement staffing ratios at
a level sufficient to provide for an average of three hours of
direct nursing care per resident per day, taking into consideration
the acuity level of the residents and the case mix of the facility.
(c) The secretary of the department of health and human
resources shall submit an annual report to the legislative
oversight commission on health and human resources accountability
on the development of the rules required by this section, the
implementation of the plan, the costs associated with the plan, and
other issues as required by said commission.