House Concurrent Resolution 65
(By Mr. Speaker, Mr. Kiss and Delegates Flanigan, Prunty,
Frederick and Wills)
Requesting the Joint Committee on Government and Finance to conduct
a feasability study for the need of long-term care facilities
in West Virginia regarding patients on respirators and
ventilators.
Whereas, House Bill 2272, as passed in 1993, was an effort to
reduce Medicaid expenditures in West Virginia by eliminating
coverage for the provision of respirator and ventilator patients in
long-term care facilities; and
Whereas, House Bill 2272 not only eliminated funding for these
Medicaid services, but it required any potential provider, not just
Medicaid providers, to secure a certificate of need for these
treatments; and
Whereas, House Bill 2272 mandated that any potential provider
who seeks a certificate of need, must show there will be no
increased fiscal burden to the State of West Virginia; and
Whereas, The provisions of House Bill 2272 effectively
precludes long-term care facilities in West Virginia from securing
a certificate of need to administer care to either Medicaid and
non-Medicaid respirator and ventilator patients, forcing those
dependent on these apparatuses to seek care in other states; and
Whereas, This places an additional burden on patients, in that,
they must leave their local care providers, their community, and
most importantly, their families; and
Whereas, Hundreds of West Virginia patients and their families
experience these undue hardships and expenses each year
unnecessarily when they should be able to receive the appropriate
care they deserve in existing facilities in West Virginia;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to review, examine and study the feasability of
establishing long-term care facilities in West Virginia designed to
care for patients requiring respirators and ventilators; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2001, on
its findings, conclusions and recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this
study and to prepare the report be paid from legislative
appropriations to the Joint Committee on Government and Finance.