H. B. 2395
(By Delegates Williams, D Campbell, Moye,
Perdue, Pino and Ellington)
[Passed April 10, 2013; in effect ninety days from passage.]
AN ACT to amend and reenact §16-5P-15 of the Code of West Virginia, 1931, as amended, relating to senior services in-home care registry; providing for sixty-day waiver of initial registration fee; clarifying rule-making authority for the Bureau of Senior Services to require an applicant to obtain a state or federal criminal background check; and requiring legislative rules to be proposed for legislative approval during the 2014 legislative session.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5P. SENIOR SERVICES.
§16-5P-15. Establishment of In-home Care Registry.
(a) There is continued within the Bureau of Senior Services an in-home care worker registry which is to be maintained by the bureau. The purpose of the registry is to provide the public a list of in-home care workers, along with their qualifications, who voluntarily agree to be included and who have obtained a criminal background check.
(b) "In-home care worker" means an unlicensed person who provides personal care or other services and supports to persons with disabilities or to the elderly in order to enhance their well-being and which involves face-to-face direct contact with the person. Functions performed may include, but are not limited to, assistance and training in activities of daily living, personal care services, and job-related supports.
(c) The bureau shall propose rules for legislative approval during the 2014 legislative session in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish the following:
(1) The registry of in-home care workers;
(2) The requirements for inclusion on the registry as an “in-home care worker”, including educational attainment;
(3) A fee schedule: Provided, That the Commissioner of the Bureau of Senior Services shall waive the initial registration fee for the first sixty days the registration is active;
(4) Requiring an applicant to obtain a state or federal criminal background check, as determined in legislative rule by the bureau;
(5) How a person obtains information from the registry; and
(6) Any other requirement necessary to implement the provisions of this section.