H. B. 4438


(By Delegates Marshall, C. White, Beane,

Leach, Walters, Compton and Stephens)

[Introduced February 7, 2002; referred to the

Committee on Health and Human Resources then Government Organization.]



A BILL to amend and reenact section seven, article five-d, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to personal care homes; requiring notice prior to increasing costs charged to a resident; and requiring notice of procedures the personal care home will use if it desires a resident to leave the home.

Be it enacted by the Legislature of West Virginia:
That section seven, article five-d, 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 5D. PERSONAL CARE HOMES.
§16-5D-7. Cost disclosure; increase in costs; surety for residents' funds.

(a) Each personal care home shall disclose in writing to all prospective residents a complete and accurate list of all costs which may be incurred by them. Residents are not liable for any cost not so disclosed.
(b) (1) Before a prospective resident moves personal belongings into a personal care home, the personal care home shall provide the prospective resident with a written statement of the time and procedures the personal care home will use if it desires the prospective resident to leave the facility. The statement shall also specify the time and nature of the written notice the personal care home will use to increase any listed cost to be paid by the resident during the resident?s stay. All notices shall be in writing and provided to:
(A) The resident; and
(B) The care helper designated by the resident, if any, at the care giver's address.
(2) The initial costs charged a resident may be increased no sooner than three months after the first night residency begins. An increase is not effective unless the personal care home, at least sixty days prior to the effective date of the increase, notifies the:
(A) Resident; and
(B) The care helper designated by the resident, if any, at the care giver's address.
(b) (c) If the personal care home handles any money for residents within the personal care home, the licensee or his or her authorized representative shall give a bond in an amount consistent with this subsection and with such surety as the director shall approve. The bond shall be upon condition that the licensee shall hold separately and in trust all residents' funds deposited with the licensee, shall administer the funds on behalf of the resident in the manner directed by the depositor, shall render a true and complete account to the depositor and the director when requested, and at least quarterly to the resident, and upon termination of the deposit, shall account for all funds received, expended, and held on hand. The licensee shall file a bond in a sum to be fixed by the director based upon the magnitude of the operations of the applicant, but which sum may not be less than two thousand five hundred dollars.

(d)(1) Every person injured as a result of any improper or unlawful handling of the money of a resident of a personal care home may bring an action in a proper court on the bond required to be posted by the licensee pursuant to this subsection for the amount of damage suffered as a result thereof of the improper or unlawful handling, to the extent covered by the bond. Whenever the director determines that the amount of any bond which is filed pursuant to this subsection is insufficient to adequately protect the money of residents which is being handled, or whenever the amount of any bond is impaired by any recovery against the bond, the director may require the licensee to file an additional bond in such an amount as necessary to adequately protect the money of residents being handled.
(2) The provisions of subdivision (1) of this subsection do not apply if the licensee handles less than twenty-five dollars per resident and less than five hundred dollars for all residents in any month.


NOTE: The purpose of this bill is to require personal care homes to give notice to residents prior to increasing costs charged to the residents and to inform potential residents of the procedures the personal care home will use if it desires a resident to leave the home.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.