SENATE CONCURRENT RESOLUTION NO. 61
(By Senators Prezioso, Fanning, Plymale, Oliverio, McCabe, Redd,
Facemyer, Unger, Bowman, Helmick, Edgell, Kessler, Minard,
Anderson, Sharpe, Ross, Mitchell, Love, Rowe, Caldwell, Burnette,
Minear, Bailey and Sprouse)
Requesting the Joint Committee on Government and Finance study the
care home industry in West Virginia in regard to the impact on
the industry of the various statutory, administrative and
regulatory requirements imposed on it by the state.
Whereas, The care home industry in West Virginia is regulated
by several public agencies, sometimes with duplicative,
inconsistent or contradictory requirements; and
Whereas, The primary purpose of regulating the care home
industry should be to ensure the quality of resident care; and
Whereas, Residents' freedom of choice of the facility in which
they will live should be given the most deference possible,
consistent with the level of care needed; and
Whereas, The statutory and regulatory framework which governs
the care home industry may have contributed to a less than optimal
market for private liability insurance in West Virginia; and
Whereas, The statutory distinctions inherent in the state's
licensing scheme for the care home industry should reflect real differences in the types of facilities regulated and should not
establish artificial or arbitrary requirements that only add
unnecessarily to the operators' burden of regulatory compliance;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the care home industry in West Virginia in
regards to the impact on the industry of the various statutory,
administrative and regulatory requirements imposed on it by the
State; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to include in its study persons broadly
representative of the care home industry and its operators, the
American Association of Retired Persons, the state Long-Term Care
Ombudsman, the Office of Adult Protective Services and the Office
of Health Facility Licensure and Certification; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2003, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on Government and Finance.