(By Delegates Amores, Pino, Mahan, Fleischauer and Foster)

[Introduced February 20, 2003; referred to the
Committee on Health and Human Resources then the Judiciary.]

A BILL to amend article five-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fourteen; to amend and reenact section five, article five-c, of said chapter; and to amend and reenact section five, article five- d, of said chapter, all relating to health care patient's visitation rights; providing that a hospital patient may specify up to five non-relative visitors for visitation; providing that a nursing home patient may specify up to five non-relative visitors for visitation ; and providing that a personal care home patient may specify up to five non-relative visitors for visitation .

Be it enacted by the Legislature of West Virginia:
That article five-b, 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 fourteen; that sections five, article five-c of said chapter, be amended and reenacted; and that section five, article five-d of said chapter, be amended and reenacted, all to read as follows:

§16-5B-14.  Hospital Visitation.
A hospital patient at any public or private hospital licensed pursuant to section two [§ 16-5B-2] who is eighteen years of age or older or an emancipated minor may designate at any time, orally or in writing, up to five individuals not legally related by marriage or blood to patient whom the patient wishes to be given the same visitation privileges as an immediate family member of such patient. The patient may rescind the designation or designations at any time, orally or in writing. Any designation or rescission made under this section shall be noted in the patient's medical records at such hospital. For the purposes of this section, medical records means the hospital's record of a patient's health history and treatment rendered.

§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 [§ 29A-3-1 et seq.], 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 [July 1, 1977], governing participation of nursing homes in the medicare and medicaid programs pursuant to titles eighteen and nineteen of the Social Security Act [42 U.S.C. § § 301 et seq.];
(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.
(c) A resident may designate at any time, orally or in writing, up to five individuals not legally related by marriage or blood to patient whom the resident wishes to be given the same rights and privileges as an immediate family member of such resident. The resident may rescind the designation or designations at any time, orally or in writing. Any designation or rescission made under this section shall be noted in the resident's medical or personal record at such nursing home.

ARTICLE 5D.  PERSONAL CARE HOMES
§16-5D-5.  Rules; minimum standards for personal care homes.
    (a) All rules shall be approved by the secretary and proposed in the manner provided by the provisions of article three [§ § 29A-3-1 et seq.], chapter twenty-nine-a of this code. The secretary shall adopt, amend or repeal such rules as may be necessary or proper to carry out the purposes and intent of this article and to enable the director to exercise the powers and perform the duties conferred upon the director by this article.
(b) The secretary shall propose rules establishing minimum standards of operation of personal care homes including, but not limited to, the following:
(1) Administrative policies, including: (A) An affirmative statement of the right of access to personal care 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;
 (2) Minimum numbers and qualifications of personnel, including management, medical and nursing, aides, orderlies and support personnel, according to the size and classification of the personal care home;
(3) Safety requirements;
  (4) Sanitation requirements;
  (5) Protective and personal services to be provided;
  (6) Dietary services to be provided;
  (7) Maintenance of health records;
(8) Social and recreational activities to be made available;
  (9) Physical facilities;
(10) Requirements related to provision of limited and intermittent nursing; and
(11) Such other categories as the secretary determines to be appropriate to ensure resident's health, safety and welfare.
(c) The secretary shall include in rules detailed standards for each of the categories of standards established pursuant to subsections (b) and (d) of this section, and shall classify such standards as follows: (1) Class I standards are standards the violation of which, as the secretary determines, would present either an imminent danger to the health, safety or welfare of any resident or a substantial probability that death or serious physical harm would result; (2) Class II standards are standards which the secretary determines have a direct or immediate relationship to the health, safety or welfare of any resident, but which do not create imminent danger; (3) Class III standards are standards which the secretary determines have an indirect or a potential impact on the health, safety or welfare of any resident.
(d) A personal care home must attain substantial compliance with standards established pursuant to section five [§ 16-5D-5] of this article, and such other requirements for a license as may be established by rule under this article.
(e) A resident may designate at any time, orally or in writing, up to five individuals not legally related by marriage or blood to patient whom the resident wishes to be given the same rights and privileges as an immediate family member of such resident. The resident may rescind the designation or designations at any time, orally or in writing. Any designation or rescission made under this section shall be noted in the resident's medical or personal record at such personal care home.
Note: The purpose of this bill is to provide for non-relative visitation for health care patients.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.