SB21 HH&HR AM 4-4

Hatfield 3345

    The Committee on Health and Human Resources moves to amend the bill on page 2, after the enacting clause, by striking out the remainder of the bill in its entirety and inserting in lieu thereof the following:

    “That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §16-1C-1, §16-1C-2, §16-1C-3, §16-1C-4, §16-1C-5 and §16-1C-6, all to read as follows:

ARTICLE 1C. HEALTH CARE PROVIDER TRANSPARENCY ACT.

§16-1C-1. Definitions.

    (a) “Direct patient care” means health care that provides for the physical, diagnostic, emotional or rehabilitation needs of a patient or health care that involves examination, treatment or preparation for diagnostic tests or procedures.

    (b) “Employee” means an employee or contractor of a health care provider or a person who is granted privileges by a health care provider who delivers direct patient care.

    (c) "Health care provider" means a partnership, corporation, facility, hospital or institution authorized by law to provide professional health care service.

     (d) “Secretary” means the Secretary of the West Virginia Department of Health and Human Resources.

§16-1C-2. Identification badge requirements.

    Notwithstanding any other provision of this code, an employee shall wear an identification badge when providing direct patient care. The identification badge shall be worn in a conspicuous manner so as to be visible and apparent.

§16-1C-3. Exceptions.

    (a) Notwithstanding section two of this article, the following shall apply:

    (1) An employee may not be required to wear an identification badge while delivering direct patient care if it is not clinically feasible.

    (2) The last name of the employee may be omitted or concealed from an identification badge when delivering direct patient care if the employee is concerned for his or her safety.

    (b) An employee or a health care provider may petition the secretary for an exemption from the requirements of this article for reasons that are not set forth in this section.

    (c) An employee providing direct patient care in a behavioral health care setting may not be required to wear an identification badge

§16-1C-4. Enforcement.

    Upon complaint that an employee is not complying with the requirements of this article, a health care provider professional licensing board shall investigate the complaint for the purpose of considering disciplinary action.

§16-1C-5. Rules.

    The Secretary, in consultation with appropriate health care provider professional licensing boards, shall propose rules for legislative approval in accordance with the provisions of chapter twenty-nine-a of this code to implement the provisions of this article. These rules shall include, at a minimum:

    (1) The contents of the identification badge, which shall at least include the name of the employee and title of the employee;

    (2) The title to be used to identify employee licensure information;

    (3) The appearance of the identification badge, which shall have the title of the employee as large as possible in block type;

    (4) The process and procedure for seeking an exemption from the requirements of this article; and

    (5) Such other rules as may be deemed necessary to effectuate the purposes of this article.

§16-1C-6. Applicability.

    This article applies to health care providers that employee at least three licensed practitioners or employee more than ten employees, as of July 1, 2015.”