Senate Bill No. 668
(By Senator Fanning)
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[Introduced February 18, 2002; referred to the Committee
on Health and Human Resources.]
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A BILL to amend article five-e, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section seven,
relating to legally unlicensed health care homes; and
prohibiting removal of residents from such homes in the
absence of abuse or neglect of a resident.
Be it enacted by the Legislature of West Virginia:
That article five-e, 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 seven,
to read as follows:
ARTICLE 5E. REGISTRATION AND INSPECTION OF SERVICE PROVIDERS IN
LEGALLY UNLICENSED HEALTH CARE HOMES.
§16-5E-7. Resident removal prohibited; abuse exception.
(a) Notwithstanding any other provision of law to the contrary, no resident of a legally unlicensed health care home may
be removed from such home unless there has been a finding of abuse
or neglect of a resident; the number of residents may be limited
only by the ability of the operator to provide quality care;
residents, or their family members, furthermore may choose who
shall administer their care while in the home; and any person who
can show past practical experience in capably and successfully
administering such care shall be deemed to be qualified to render
such care.
(b) This section shall become effective immediately upon
passage by the Legislature.
NOTE: The purpose of this bill is allow legally unlicensed
health care homes to care for more residents, limited only by their
ability to provide quality care to the residents, who must be
allowed to choose their caregivers.
This section is new; therefore, strike-throughs and
underscoring have been omitted.