West Virginia Code § 16-29B-31

Hospice need standard review; membership; report to the Legislative
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Oversight Committee on Health and Human Resources.
(a) The West Virginia Health Care Authority shall form a working group to review the
provision of hospice services in West Virginia. The workgroup shall be comprised of the
following members:
(1) The Chairman of the West Virginia Health Care Authority or designee, who shall also be
the chair of this workgroup;
(2) The Secretary of the Department of Health and Human Resouurces, or designee;
(3) The Dean of the West Virginia University School of Medicine, or designee;
(4) The Dean of the Marshall University, Joan C. Edwaards School of Medicine, or designee;
(5) Six hospice providers chosen by the Hospice Council of West Virginia:
(A) One of whom must be a for-profit service provider;
(B) Two of whom must operate a free-standing inpatient hospice facility; and
(C) An equal number of providers selected pursuant to this subsection shall reside in each
congressional district; e
(6) One member chosen by the West Virginia chapter of the American Cancer Society;
(7) One member chosen by the Alzheimer's Association of West Virginia;
(8) One membVer chosen by the West Virginia Rural Health Association;
(9) One member chose by the West Virginia American Association of Retired Persons;
(10) A hospital-based hospice provider chosen by the West Virginia Hospital Association;
(11) One member chosen by the West Virginia Nurses Association;
(12) A physician chosen by the West Virginia State Medical Association with a practice
treating terminal diseases; and
(13) A physician chosen by the West Virginia Osteopathic Medical Association whose
practice includes geriatric patients.
(b) The workgroup shall have the following duties:
(1) Establish a model for data collection to best predict future the need of hospice services in
West Virginia and collect the necessary data;
(2) Review the access to hospice services in West Virginia as well as future needs;
(3) Examine how West Virginia serves its population with hospice services;
(4) Examine the financial condition of the current delivery system;
(5) Recommend a need methodology to the authority for the development of new hospice
services; and
(6) Make other recommendations the workgroup deems appropriate.
(c) The authority shall provide staff for the workgroup and the workgroup shall schedule one
public hearing in each of the congressional districts in West Virginia as it relates to the
provision of hospice services in the state. The workgroup shall develop and approve a final
report by September 30, 2019, and a copy shall be subamitted to the Joint Committee of
Government and Finance of the Legislature, the Governor, and the authority. The workgroup
will sunset on December 31, 2019. l
(d) The authority shall consider modifying the hospice standards based on the report's
findings no later than December 1, 2019: Provided, That prior to approving the modified
standards, the authority shall present its proposed changes to the hospice need standards to
the Legislative Oversight Committee on Health and Human Resources within 30 days after
development of the drafts and prior to submission of the final hospice need standards to the
Governor.
(e) The need standards regulating hospice services and home health services shall be those
that were in effect on January 1, 2018, and shall remain in effect until the Governor
approves the new sta ndards no sooner than December 31, 2019.

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