SENATE CONCURRENT RESOLUTION NO. 50
(By Senators Jenkins, Snyder, Browning, Palumbo, Wells, Caruth
and Sypolt)
[Originating in the Committee on Interstate Cooperation]
Requesting the Joint Committee on Government and Finance study
barriers to entering into reciprocal agreements with border
states for the advance of hospice care services to the
terminally ill.
Whereas, Hospice is a comprehensive service providing health
care to terminally ill patients and their families; and
Whereas, Hospices are licensed in this state and certified by
Medicare and Medicaid to provide hospice services in this state;
and
Whereas, Hospices in this state are in close proximity to five
border states; and
Whereas, The extension of hospice services to contiguous
states is appropriate in most circumstances, especially in areas
where community services, such as hospitals, public transportation
and personnel, are shared on both sides of the border; and
Whereas, Hospices in this state have been serving residents in
contiguous states for over 20 years; and
Whereas, The Office of Health Facility Certification and Licensure in this state is responsible for hospice licensure and
certification; and
Whereas, The State Operations Manual for Medicare Hospice
Services provides, when offering services across borders, for the
certification of hospices in the state in which their provider
numbers are based and the qualification of their personnel in all
states in which their services are provided; and
Whereas, The State Operations Manual for Medicare Hospice
Services provides that the involved states should have reciprocal
agreements to allow for cross-border services; and
Whereas, The Office of Health Facility Certification and
Licensure has recently determined through the federal Centers for
Medicare and Medicaid Services that hospice providers are precluded
from providing services to contiguous states without reciprocal
agreements, unless they are separately certified in both states;
and
Whereas, West Virginia does not have reciprocal agreements
with other states to provide hospice services, but the general
welfare of terminally ill patients and business would be enhanced
with such agreements; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study barriers to entering into reciprocal agreements
with border states for the advance of hospice care services to the terminally ill; and, be it
Further Resolved, That the Joint Committee on Government and
Finance study opportunities to allow hospice providers to serve
patients in contiguous states without requiring separate Medicare
provider numbers; and, be it
Further Resolved, That the Joint Committee on Government and
Finance
report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations
;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.