H. B. 4575


(By Delegates Marshall, Caputo,

Hatfield and Brown)


[Introduced February 21, 2002; referred to the

Committee on Government Organization.]




A BILL to amend article five-d, 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-a, relating to requiring personal care homes to make timely payment of refunds when due; and imposing penalty for noncompliance.

Be it enacted by the Legislature of West Virginia:
That article five-d, 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-a, to read as follows:
ARTICLE 5D. PERSONAL CARE HOMES.
§16-5D-7a. Timely payment of refunds.
(a) When a resident or former resident or the personal representative of a resident or former resident is due a refund for costs paid by the resident or on behalf of a resident the personal care home shall make the refund the earlier of:
(1) Within ten business days of the request for the refund; or
(2) Within ten business days after the personal care home becomes aware that the refund is due.
(b) If the personal care home does not pay a refund within the time required in subsection (a) of this section, the personal care home is liable to the resident or former resident or the personal representative of a resident or former resident for a penalty equal to one hundred percent of the refund due.


NOTE: The purpose of this bill is to require personal care homes to make timely payment of refunds when due.

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