ENROLLED
H. B. 2944
(By Delegates Hatfield, Fleischauer,
Wysong, Marshall, Hrutkay, Eldridge, Boggs,
Spencer, Guthrie and Rowan)
[Passed March 10, 2007; in effect ninety days from passage.]
AN ACT to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §16-5C-20, relating
to the end-of-life care of residents of nursing homes; and
requiring that certain residents be given information about
the option of hospice palliative care.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §16-5C-20, to read as
follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 5C. NURSING HOMES.
§16-5C-20. Hospice palliative care required to be offered.
(a) When the health status of a nursing home facility resident
declines to the state of terminal illness or when the resident
receives a physician's order for "comfort measures only," the
facility shall notify the resident with information about the option of receiving hospice palliative care. If a nursing home
resident is incapacitated, the facility shall also notify any
person who has been given the authority of guardian, a medical
power of attorney or health care surrogate over the resident,
information stating that the resident has the option of receiving
hospice palliative care.
(b) The facility shall document that it has notified the
resident, and any person who has been given a medical power of
attorney or health care surrogate over the resident, information
about the option of hospice palliative care and maintain the
documentation so that the director may inspect the documentation,
to verify the facility has complied with this section.