H. B. 3124
(By Delegate Phillips)
[Introduced March 13, 2009; referred to the
Committee on Senior Citizen Issues then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9-5-21, relating to
the Department of Health and Human Resources and Medicaid, if
applicable and eligible, providing financial assistance to
persons in assisted living facilities.
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 §9-5-21, to read as
follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-21. Financial assistance to persons in assisted living
facilities.
(a) The Legislature finds and declares that a number of
citizens and residents of West Virginia require the services of an
assisted living facility but do not require to be in a nursing home
facility. Many of these citizens and residents are not able to pay
the full cost of the assisted living facility, but are financially able to pay a portion of the cost. It is in the public interest of
the state that these citizens and residents be able to stay in the
assisted living facilities rather than in a nursing home with
limited financial support from the state and Medicaid, if
applicable and eligible. The provisions of subsection (b) are
enacted for the purpose of addressing a solution to this situation.
(b) The Secretary of the Department of Health and Human
Resources shall promulgate rules to provide financial assistance to
any person living in an assisted living facility who cannot pay the
full cost of that assisted living facility, but is financially able
to pay a portion of the cost. The rules shall provide for
determining the financial ability of the person living in the
assisted living facility and for periodic updates. The rules shall
also provide that the Department of Health and Human Resources or
Medicaid, or both the Department of Health and Human Resources and
Medicaid shall reimburse the difference between what the resident
can afford to pay and what the assisted living facility charges the
resident.
NOTE: The purpose of this bill is to require
the Department of
Health and Human Resources and Medicaid, if applicable and
eligible, to provide financial assistance to persons in assisted
living facilities.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.