H. B. 2408



(By Mr. Speaker, Mr. Kiss, By Request)



[Introduced February 21, 2001; referred to the



Committee on the Judiciary then Finance.]
A BILL to amend article two-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 six, relating
to home health services; requiring the department of health
and human resources to implement a training or certification
program, with drug testing program and criminal background
checks, for all in-home care workers; and rule-making
authority.
Be it enacted by the Legislature of West Virginia:

That article two-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 six, to
read as follows:
ARTICLE 2C. HOME HEALTH SERVICES.
§16-2C-6. Rule making authorized.




The secretary of the department of health and human resources
shall propose legislative rules for promulgation in accordance with
the provisions of article three, chapter twenty-nine-a of this code
to: (1) Establish and implement a training or certification program
for all in-home care workers employed by all state or private
agencies for in-home services; (2) establish a random drug testing
program for all in-home care workers employed by all state or
private agencies for in-home services; (3) establish a mandatory
criminal background check of all in-home care workers employed by
all state or private agencies for in-home services; and (4)
establish a date for implementation of these programs, which may
not be later than the first day of July, two thousand one.




NOTE: The purpose of this bill is to require the Department of
Health and Human Resources to implement a training or certification
program, with drug testing program and criminal background checks,
for all in-home care workers.




This section is new; therefore, strike-throughs and
underscoring have been omitted.