COMMITTEE SUBSTITUTE
FOR
H. B. 2339
(By Delegates Marshall and Beach)
(Originating in the Committee on Health and Human Resources)
[March 8, 2001]
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 thirty-eight, all
relating to creating an Alzheimer's caregiver assistance
program to provide respite services for informal caregivers of
individuals with Alzheimer's disease or related dementia;
authorizing the development of a check-off program on
individual income tax returns to fund the assistance program;
requiring the commissioner of the bureau for senior services
to administer and promote the assistance program; defining
terms and establishing effective date; restricting grants to
the availability of funds and requiring reports to the Legislature and proposed rules.
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 thirty-eight, all to read
as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 38. ALZHEIMER'S CAREGIVER ASSISTANCE PROGRAM.
§16-38-1. Legislative intent.
(a) The intent of this legislation is to authorize and provide
funding for an Alzheimer's caregiver assistance program to provide
respite services for informal caregivers of persons with
Alzheimer's disease. The funding shall be derived from a voluntary
check-off and contribution designation on state personal income tax
return forms of a portion or all of a taxpayer's refund and any
other grants, appropriations, revenues or moneys obtained for the
program.
§16-38-2. Definitions.
(a) "Alzheimer's association" means any national, state or
local association that assists or supports persons suffering from
Alzheimer's disease, their families or caregivers and has been certified as a nonprofit corporation pursuant to the provisions of
Section 501(c)(3) of the federal Internal Revenue Code, as amended.
(b) "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.
(c) "Assistance fund" means the Alzheimer's caregiver
assistance fund within the state treasury as created and designated
by this article.
(d) "Assistance program" means the Alzheimer's caregiver
assistance program created by this article.
(e) "Commissioner" means the commissioner of the bureau of
senior services.
(f) "Informal caregiver" means any spouse, adult child,
relative or friend who provides unpaid assistance to an older
person living in the community who suffers from Alzheimer's disease
or other related dementia.
(g) "Respite care" means temporary, substitute support or
living arrangements to provide a brief period of relief or rest for
caregivers. Respite care may include in-home care by appropriately trained individuals, adult day care or institutional care for an
overnight stay on an intermittent, occasional or emergency basis.
§16-38-3. Alzheimer's caregiver assistance program
; funding.
(a) There is hereby established within the bureau of senior
services the Alzheimer's caregiver assistance program. The program
shall provide respite services for informal caregivers of persons
with Alzheimer's disease or related dementia through grants from
the assistance fund or other related sources. Any grant from the
assistance program shall be based solely upon documentation that
the informal caregiver cares for a person who has been
professionally diagnosed with Alzheimer's disease or related
dementia and is in need of respite services.
(b) Notwithstanding the provisions of section fourteen-a,
article ten, chapter eleven of this code, the secretary of tax and
revenue shall design West Virginia personal income tax forms so
that each taxpayer may designate a portion or all of any tax refund
to the
Alzheimer's caregiver assistance program. The contribution
shall be in any whole dollar amount and may not reduce the amount
of state tax owed. The tax return shall include a separate line on
which the taxpayer may designate the amount of the contribution.
(c) The Alzheimer's caregiver assistance program shall be funded from contributions received through the voluntary check-off
program and any other revenues, grants or appropriations obtained
or designated for the program.
(d) There is hereby established within the state treasury a
special account to be known as the "Alzheimer's Caregiver
Assistance Fund." All moneys collected pursuant to this article
and any other grants, funds, appropriations or other revenue
collected for the assistance program shall be deposited in the
special account. Distributions from the special account may be
made by the commissioner of the bureau of senior services only in
accordance with the provisions of this article.
§16-38-4. Grants and distributions.
(a) The commissioner may make grants from the assistance fund
for the benefit of informal caregivers who have made applications
through an Alzheimer's association. Grants and distributions from
the assistance fund shall be contingent upon the availability of
funds in the account.
(b) The commissioner may coordinate grants under this section
with the availability of grants from other sources. The
commissioner may also accept or seek grants from other sources to
enhance amounts appropriated to the Alzheimer's caregiver assistance program.
(c) The commissioner shall distribute written information
regarding the Alzheimer's caregiver assistance program and the
availability of grants for respite services to all county
commissions, senior centers, libraries, information and referral
centers and other such agencies that provide services to older West
Virginians and their families. All costs associated with the
distribution of such information shall be made through the budget
of the bureau of senior services pursuant to the provisions of
article five-s of this chapter.
§16-38-5. Rules, report to the Legislature.
(a) The commissioner shall propose rules for legislataive
approval in accordance with the provisions of article three,
chapter twenty-nine-a of this code regarding the receipt and
distribution of funding for the Alzheimer's caregiver assistance
program, qualifications for receipt of grants through the program,
the administration and publication of the program and such other
provisions as required by this article.
(b) The commissioner shall submit a report to the Legislature
on or before the second Wednesday of January, two thousand two, and
the second Wednesday of each year thereafter, that reflects the
amount of money that has been provided through the check-off
program, the amount of funds received through other sources, the amount of any grants and distributions and the efficacy of the
assistance program.
§16-38-6. Effective date.
This article shall apply to all personal income tax returns
required to be filed on and after the first day of July, two
thousand one.