H. B. 4085
(By Delegate Beane)
[Introduced January 21, 2004; referred to the
Committee on Government Organization.]
A BILL to amend and reenact §18-10L-3 of the code of West Virginia,
1931, as amended, relating to clarifying certain statutory
terms related to the Ron Yost Personal Assistance Services
Act.
Be it enacted by the Legislature of West Virginia:
That §18-10L-3 of the code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 10L. RON YOST PERSONAL ASSISTANCE SERVICES ACT.
§18-10L-3. Definitions.
The following words and phrases, when used in this article,
have the following meanings unless the context clearly indicates
otherwise:
(1) "Administer" means to monitor the financial solvency of
the personal assistance services program on a semi-annual basis and
to monitor the effectiveness of the services dispensed under the personal assistance services program and whether the services are
dispensed with optimum efficiency.
(2) "Manage" means to exercise executive, administrative, and
supervisory direction over day to day operations of the personal
assistance services program;
(1) (3) "Personal assistance services" means:
(A) Those basic and ancillary services that enable eligible
individuals to live in their homes and communities rather than in
institutions and to carry out functions of daily living, self-care
and mobility;
(B) Basic services include, but are not limited to, getting in
and out of a bed, wheelchair or motor vehicle; assistance with
routine bodily functions, such as health maintenance activities;
bathing and personal hygiene; dressing and grooming; and feeding,
including preparation and cleanup.
(2) (4) "Personal assistant" means an individual of the
consumer's choice who provides personal assistance services for the
eligible individual.
(3) (5) "Recipient" or "consumer" means any individual with a
physical, mental, or sensory impairment that affects one or more
major life activity who meets all of the following requirements:
(A) Experiences any physical, mental or sensory impairment, or
combination of impairments, which can be expected to recur or last
for a period of not less than twelve months as determined by the evaluation conducted by functional assessment;
(B) With support from the West Virginia statewide independent
living council when necessary, assumes the employer
responsibilities of selecting, supervising and, if needed,
terminating the employment of a personal assistant, or designates
an individual to assume those responsibilities;
(C) With support from the West Virginia statewide independent
living council when necessary, manages his or her own financial and
legal affairs or designates an individual to manage those
responsibilities;
(D) Requires assistance to complete functions of daily living,
self-care and mobility, including, but not limited to, those
functions included in the definition of personal assistance
services; and
(E) Is not currently receiving personal assistance services
through any other program: Provided, That the division of
rehabilitation services may, in the event that an option for
consumer directed personal assistance services is developed through
the state's medicaid program, develop a program coordinated with
requirements of any medicaid option and available to
medicaid-eligible persons.
NOTE: The purpose of this bill is to clarify the terms
"manage" and "administer" to the extent they apply to distinct
functions to be provided by the division of rehabilitation services
through the state plan for independent living and the West Virginia
statewide independent living council, relative to the personal
assistance services program.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.