ENROLLED

COMMITTEE SUBSTITUTE

FOR

H. B. 4205

(By Delegates Mahan, R. Thompson, Cann,

Kominar, Armstead and Faircloth )


[Passed March 13, 2004; in effect from passage.]
AN ACT to amend and reenact article 5, chapter 64 of the code of West Virginia, 1931, as amended; all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the state register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the legislative rule-making review committee and as amended by the Legislature; authorizing the department of health and human resources to promulgate a legislative rule relating to eligibility standards for economic assistance from the James "Tiger" Morton catastrophic illness fund ; authorizing the division of health to promulgate a legislative rule relating to assisted living residences ; authorizing the division of health to promulgate a legislative rule relating to cross connection and backflow prevention ; authorizing the division of health to promulgate a legislative rule relating to the certification of backflow prevention assembly testers ; authorizing the division of health to promulgate a legislative rule relating to the state-wide trauma/emergency care system ; authorizing the division of health to promulgate a legislative rule relating to public water systems ; authorizing the division of health to promulgate a legislative rule relating to childhood lead screening ; authorizing the division of health to promulgate a legislative rule relating to fees for services ; authorizing the division of health to promulgate a legislative rule relating to residential board and care homes ; and authorizing the division of health to promulgate a legislative rule relating to the birth defects information system .

Be it enacted by the Legislature of West Virginia:
That article 5, chapter 64 of the code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN RESOURCES TO PROMULGATE LEGISLATIVE RULES.

§64-5-1. Department of health and human resources.
The legislative rule filed in the state register on the eighth day of July, two thousand three, authorized under the authority of section two, article five-q, chapter sixteen of this code, modified by the department of health and human resources to meet the objections of the legislative rule-making review committee and refiled in the state register on the second day of December, two thousand three, relating to the department of health and human resources (eligibility standards for economic assistance from the James "Tiger" Morton catastrophic illness fund, 72 CSR 1), is authorized, with the following amendments:
On page one, section 2, lines one and two, by striking out the words "has a catastrophic illness and has applied" and inserting in lieu thereof the word "applies";
On page one, subsection 2.1, line three, by striking out the word "that" and inserting in lieu thereof the word "catastrophic";
On page two, subsection 3.4, after the words "A life- threatening illness" by striking out the remainder of the subsection and inserting in lieu thereof the words "presenting an applicant with an imminent risk of death.";
On page two, subsection 3.6, by striking out the subsection in its entirety and inserting in lieu thereof the following:
"3.6. Eligible applicant. - An applicant who is suffering from a catastrophic illness and who meets the financial eligibility standards established by subsection 6.3 of this rule.";
On page two, section 4, by striking out the section in its entirety and inserting in lieu thereof the following:
"4.1. A West Virginia citizen may request economic assistance from the commission by contacting the commission and providing information by telephone.
4.2. Any person who obtains or attempts to obtain funds from the commission by willful, false statement or misrepresentation or by impersonation or any other fraudulent device may be investigated by the Department of Health and Human Resources, Office of Inspector General, and may be prosecuted to the full extent of the law.";
On page four, section 5, by striking out the section in its entirety and renumbering subsequent sections accordingly;
On page two, section 6, by striking out the words "If funding is available, the Commission may consider an applicant eligible" and inserting in lieu thereof the words "An applicant is eligible";
On page three, subsection 8.1, by striking out the subsection in its entirety and inserting in lieu thereof the following:
"8.1. Requests for pharmaceutical purchases other than those approved under section 7 of this rule;";
On page three, subsection 8.3, line one, after the word "days", by inserting the words "or more";
On page four, subsection 9.1, by striking out the subsection in its entirety and inserting in lieu thereof the following:
"9.1 If funding is available, the commissioner may order an award of economic assistance to an eligible applicant.";
On page four, subsection 9.2, line two, after the words "amount of an award." by striking out the remainder of the subsection and inserting in lieu thereof the following:
"The decision to make an award is within the discretion of the commission or, where permitted by this rule, its executive director.";
On page four, subsection 9.3, by striking out the subsection in its entirety and inserting in lieu thereof the following:
"9.3. Within each budget year, similarly situated applicants shall be treated similarly.";
On page four, section 10, by striking out the section in its entirety and inserting in lieu thereof the following:
"Records of the Commission are confidential and may not be disclosed except as required by W. Va. Code §29B-1-1 et seq. Any employee of the commission who has access to confidential information regarding an applicant must sign a written statement acknowledging that he or she fully understands and will maintain the confidential nature of the information.";
And,
On page five, section 11, line eight, after the word "conclusion.", by striking out the quotation marks.
 §64-5-2. Division of health.
(a) The legislative rule filed in the state register on the twenty-fourth day of July, two thousand three, authorized under the authority of section five, article five-d, chapter sixteen of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighth day of December, two thousand three, relating to the division of health (assisted living residences, 64 CSR 14), is authorized.
(b) The legislative rule filed in the state register on the twenty-second day of July, two thousand three, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-second day of December, two thousand three, relating to the division of health (cross connection and backflow prevention, 64 CSR 15), is authorized.
(c) The legislative rule filed in the state register on the twenty-second day of July, two thousand three, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-second day of December, two thousand three, relating to the division of health (certification of backflow prevention assembly testers, 64 CSR 25), is authorized with the following amendment:
"On page two, section four, following subdivision 4.1.b., by striking the remainder of the subsection and inserting the following:
'and
4.1.c. Either:
4.1.c.1. Complete and pass all parts of an approved forty (40) hour course of instruction in theory, design, performance, testing and maintenance of backflow prevention assemblies; or
4.1.c.2. Meet recertification, reinstatement or reciprocity requirements, as provided in sections 7 or 8 of this rule.'."
(d) The legislative rule filed in the state register on the thirty-first day of July, two thousand three, authorized under the authority of section nine-c, article seven-b, chapter fifty-five of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighth day of December, two thousand three, relating to the division of health (statewide trauma/emergency care system, 64 CSR 27), is authorized.
(e) The legislative rule filed in the state register on the eleventh day of July, two thousand three, authorized under the authority of section four, article one, chapter sixteen of this code, relating to the division of health (public water systems, 64 CSR 3), is authorized.
(f) The legislative rule filed in the state register on the twenty-eighth day of July, two thousand three, authorized under the authority of section four-a, article thirty-five, chapter sixteen of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighth day of December, two thousand three, relating to the division of health (childhood lead screening, 64 CSR 42), is authorized with the following amendments:
 "On page two, subsection 3.6, line one, following the word "Screening" and the dash, by striking out the remainder of the sentence and inserting in lieu thereof the following: "The assessment of a child's environment and social conditions to determine risk for lead poisoning.";
On page two, subsection 4.1, line two, following the words "years for" by inserting the words "risk of";
On page two, subdivision 4.1.a, line one, following the word "screened", by inserting the words "using a risk assessment";
On page two, subdivision 4.1.a, line two, following the word "age", by striking out the words "shall be screened";
On page two, subdivision 4.1.b, line one, following the word "lead", by inserting the words "risk assessment";
On page two, subdivision 4.1.b, line three, following the word "conducted", by striking out the comma and inserting the word "and";
On page two, subdivision 4.1.b, line three, following the word "name", by striking out the remainder of the sentence.
On page two, section four, following subdivision 4.1.b, by inserting the following:
"4.1.c. If a child is determined to be at risk for lead poisoning, the health care provider shall perform or authorize a blood test to identity the blood lead level."
On page three, section six, line two, following the word "quarterly", by inserting the word "testing";
On page three, section six, line two, following the word "results", by striking out the words "of the screening";
And,
On page three, subsection 7.2, line two, following the word "child's", by inserting the word "name" and a comma."
(g) The legislative rule filed in the state register on the first day of August, two thousand three, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighth day of December, two thousand three, relating to the division of health (fees for services, 64 CSR 51), is authorized, with the following amendments:
On page one, subsection 3.2 after the words "Ambulatory Surgical" by striking out the words "Center (ASC)" and inserting in lieu thereof the words "Facility (ASF)";
On page twenty-one, Appendix A. Laboratory Service Fees., subparagraph l.A.1.8.l, after the words "Active Substances", by striking out the numbers "$12.00" and inserting in lieu thereof the numbers "$15.00";
On page twenty-one, Appendix A. Laboratory Service Fees., after subparagraph l.A.1.8.l ., by inserting a new subparagraph, designated subparagraph l.A.1.8.l . and renumbering the remaining subsections, to read as follows:
"m. Nitrate
$15.00";

On page twenty-one, Appendix A. Laboratory Service Fees., subsection 1.B., by renumbering the subdivisions in the subsection;
On page twenty-two, Appendix A. Laboratory Service Fees., after subparagraph 1.B.3.A.3. by adding a new subparagraph, designated subparagraph 1.B.3.A.4., to read as follows:
"3. All Other Organic Tests$800.00
4. Total Organic Carbon (TOC) and/or Specific Ultraviolet Absorption (SUVA)$200.00"
and by renumbering the subsequent subparagraphs accordingly;
On page twenty-two, Appendix A. Laboratory Service Fees., paragraph 1.B.4.A., after the words "Newborn Screening", by striking out the numbers "$15.00" and inserting in lieu thereof the numbers "$28.00";
On page twenty-seven, Appendix C. Maximum Health Facility Fees., subsection 2.B., after the words "Ambulatory Surgical", by striking out the word "Center" and inserting in lieu thereof the word "Facility";
And,
On page twenty-eight, Appendix C. Maximum Health Facility Fees., subsection 3.B., after the words "Ambulatory Surgical", by striking out the word "Center" and inserting in lieu thereof the word "Facility".
 (h) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand three, authorized under the authority of section five, article five-d, chapter sixteen of this code, relating to the division of health (residential board and care homes, 64 CSR 65), is authorized.
(i) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand three, authorized under the authority of section seven, article forty, chapter sixteen of this code, modified by the division of health to meet the objections of the legislative rule-making review committee and refiled in the state register on the eighth day of December, two thousand three, relating to the division of health (birth defects information system, 64 CSR 81), is authorized.