H. B. 3094
(By Delegate Michael)
[Introduced March 29, 2001; referred to the
Committee on Government Organization then Finance.]
A BILL to amend and reenact section five, article five-c, chapter
sixteen of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to requiring medicaid
certified nursing homes to apply for medicare certification.
Be it enacted by the Legislature of West Virginia:
That section five, article five-c, chapter sixteen of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 5C. NURSING AND PERSONAL CARE HOMES AND RESIDENTIAL BOARD
AND CARE HOMES.
§16-5C-5. Rules; minimum standards for nursing homes.
(a) All rules shall be proposed for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code. The director shall recommend the
adoption, amendment or repeal of such rules as may be necessary or proper to carry out the purposes and intent of this article.
(b) The director shall recommend rules establishing minimum
standards of operation of nursing homes including, but not limited
to, the following:
(1) Administrative policies, including: (A) An affirmative
statement of the right of access to nursing homes by members of
recognized community organizations and community legal services
programs whose purposes include rendering assistance without charge
to residents, consistent with the right of residents to privacy;
and (B) a statement of the rights and responsibilities of residents
in nursing homes which prescribe, as a minimum, such a statement of
residents' rights as included in the United States department of
health and human services regulations, in force on the effective
date of this article, governing participation of nursing homes in
the medicare and medicaid programs pursuant to titles eighteen and
nineteen of the Social Security Act; and (C) a requirement that any
nursing home certified under the medicaid program shall participate
in medicare part A and part B for all the beds in the facility by
the first day of July, two thousand two, unless, after submitting
an application, medicare certification is denied by the federal
health care financing administration;
(2) Minimum numbers of administrators, medical directors,
nurses, aides and other personnel according to the occupancy of the
facility;
(3) Qualifications of facility's administrators, medical
directors, nurses, aides and other personnel;
(4) Safety requirements;
(5) Sanitation requirements;
(6) Personal services to be provided;
(7) Dietary services to be provided;
(8) Medical records;
(9) Social and recreational activities to be made available;
(10) Pharmacy services;
(11) Nursing services;
(12) Medical services;
(13) Physical facility;
(14) Resident rights; and
(15) Admission, transfer and discharge rights.
NOTE: The purpose of this bill is to provide that rules on
the licensure of nursing homes include a requirement that
medicaid-certified homes shall participate in the medicare program,
unless medicare certification is denied by the Federal Health
Financing Administration.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.