COMMITTEE SUBSTITUTE

FOR

H. B. 3075

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


(Originating in the Committee on

Health and Human Resources)

[February 27, 2003]


A BILL to amend article thirty, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-five, relating to the West Virginia health care decisions act; authorizing patients or residents of certain health care facilities or homes to designate nonrelative to receive the same visitation privileges as immediate family members; authorizing the secretary of the department of health and human resources to develop a form to be used for such designations, and defining terms.

Be it enacted by the Legislature of West Virginia:
That article thirty, 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 twenty- five, to read as follows:
ARTICLE 30.  WEST VIRGINIA HEALTH CARE DECISIONS ACT.
§16-30-25.  Designated visitation.
(a) For purposes of this section:
(1) "Designated visitor" means a person who is not an immediate family member of a patient or resident and who has been designated as a visitor pursuant to the provisions of this section.
(2) "Immediate family member" means a spouse, parent, stepparent, mother-in-law, father-in-law, child, stepchild, or sibling of a patient or resident.
(3) "Medical records" means the records of a visited facility that contain the health history and treatment rendered to a patient or resident.
(4) "Visited facility" means any public or private health care facility, personal care home, residential board and care home, assisted living facility, residential care community or adult congregate living facility licensed or registered pursuant to this chapter in which patients or residents may be visited by family members, friends, clergy or other individuals.
 (b) A patient or resident in any visited facility who is eighteen years of age or older or an emancipated minor may, at any time, authorize and designate in writing up to three individuals whom he or she wishes to be given the same visitation privileges as immediate family members. The patient or resident may rescind the designation or designations at any time, in writing.
(c) The secretary of the department of health and human resources shall develop a form that may be used to designate or rescind designation of visitors. The form shall comply with all privacy requirements of applicable state and federal law, and shall be provided to all visited facilities in this state for use pursuant to the provisions of this section. Nothing in this subsection shall preclude a patient or resident from designating or rescinding designation for visitors in any other written manner.
(d) Any designation or rescission made by a patient or resident shall be included in his or her medical records.