H. B. 4062
(By Delegates Williams, D. Campbell, Cann, Moye, Perdue,
Pino, Stephens, Walker, Hamilton)
[Passed March 10, 2012; in effect ninety days from passage.]
AN ACT toamend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5P-15, relating to establishing an in-home care registry; defining terms; requiring the Bureau of Senior Services to develop and maintain the registry; providing legislative rule-making authority to the bureau; and specifying certain requirements to be provided in the legislative rule.
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 §16-5P-15, to read as follows:
ARTICLE 5P. SENIOR SERVICES.
§16-5P-15. Establishment of In-home Care Registry.
(a) There is established 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 passed 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 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 of proposed rates for those services and supports provided by the in-home care worker based upon qualifications of the in-home care workers, such as educational attainment;
(4) Requirement of completion and passage of a criminal background check, consisting of checking the National Instant Criminal Background Check System and the West Virginia criminal history record responses. If an in-home care worker is included on the list with a criminal history indicated on his or her criminal back ground check, that information shall be noted on the registry. The bureau may not remove a person from the registry if the criminal background check reveals any negative information;
(5) How a person obtains information from the registry; and
(6) Any other requirement necessary to implement the provisions of this section.