SB 325: Authorizing Department of Health to promulgate legislative rules - West Virginia

sb325 hfat worrell 3-24 adopted.htm → sb325 sfa martin 4-7 _1 adopted.htm · 4 edits

MODERATE

The bill amendment adds new requirements for recovery residence applicants to disclose ownership of other healthcare facilities, involvement in lawsuits or regulatory actions related to patient care or misconduct, and mandates exit surveys for discharged residents. It also establishes a formal referral process for complaints between licensing agencies and law enforcement.

Scope change

The bill's scope expanded to include additional disclosure requirements for applicants and new operational requirements for recovery residences regarding resident exit surveys and complaint referrals.

REQUIREMENT

Added requirement for applicants to disclose ownership of other healthcare facilities and recovery residences in any U.S. state.

Added requirement for applicants to disclose any involvement in lawsuits or regulatory actions related to patient care, human trafficking, labor exploitation, or financial misconduct.

Added requirement for recovery residences to provide discharged residents with exit survey links or QR codes.

ENFORCEMENT

Added formal referral process for complaints and information between licensing agencies, the West Virginia Fusion Center, and law enforcement agencies.

sb325 h hhr am _1 adopted.htm → sb325 hfat worrell 3-24 adopted.htm · 6 edits

MODERATE

The bill's title was substantially rewritten to expand its scope from a single committee amendment to a comprehensive legislative package covering multiple health-related agencies and rule-making authorities. The original committee amendment focused narrowly on recovery residence disclosures and exit surveys, while the new version adds extensive rule-making authority for the Department of Health, Department of Human Services, and Office of Inspector General across numerous programs including medical cannabis, emergency care, and child welfare.

Scope change

Expanded from a narrow focus on recovery residence regulations to a broad authorization of rule-making powers across multiple state health and human services agencies and programs.

SCOPE

Bill title changed from a committee amendment on recovery residences to a comprehensive bill authorizing multiple agencies to promulgate legislative rules across health, human services, and inspector general functions.

REQUIREMENT

Added extensive rule-making authority for the Department of Health covering medical cannabis programs, emergency medical services, trauma care systems, vital statistics, and critical access hospitals.

Added rule-making authority for the Department of Human Services covering recovery residence certification, drug screening pilot programs for cash assistance applicants, and child placing agency licensure.

Removed specific committee amendment language regarding recovery residence disclosure requirements and exit surveys that were part of the original HHR committee amendment.

ENFORCEMENT

Added rule-making authority for the Office of Inspector General covering hospital licensure and behavioral health center licensure.

TIMELINE

Changed legislative rule amendment deadline from 2026 to 2031 for child placing agencies licensure rules.

Committee Substitute → sb325 h hhr am _1 adopted.htm · 4 edits

MODERATE

The bill text was amended to add requirements for recovery residences to disclose ownership of other healthcare facilities and ongoing legal actions, and to provide exit surveys to discharged residents. It also directs the Department of Human Services to update a child placing agencies licensure rule by extending a deadline from 2026 to 2031 and removing a specific paragraph.

Scope change

The bill now includes additional reporting and disclosure requirements for recovery residences and modifies the timeline for child placing agencies licensure standards.

REQUIREMENT

Recovery residences must now disclose ownership of other healthcare facilities and any lawsuits or regulatory actions related to patient care, human trafficking, labor exploitation, or financial misconduct.

Recovery residences must provide discharged residents with a link or QR code to complete an exit survey.

A specific paragraph (13.2.1.b) regarding child placing agencies was removed from the existing rule.

TIMELINE

The deadline for child placing agencies licensure standards was extended from 2026 to 2031.

Enrolled Committee Substitute → Committee Substitute · 4 edits

MODERATE

This bill authorizes three state agencies to create and enforce new rules. It adds the Office of Inspector General to the list of agencies allowed to promulgate legislative rules, expanding regulatory authority beyond the Department of Health and Human Services. The bill also includes specific amendments to existing rules regarding sewage treatment design standards, recovery residence data reporting, and hospital licensure procedures.

Scope change

Expanded regulatory authority to include the Office of Inspector General for hospital and behavioral health center licensure, in addition to the existing authority held by the Department of Health and Department of Human Services.

SCOPE

Added the Office of Inspector General as an authorized agency to promulgate legislative rules for hospital licensure and behavioral health center licensure.

REQUIREMENT

Updated sewage treatment facility design standards table with new loadings for various facility types including breweries, distilleries, wineries, and other specific uses.

Added new data reporting requirements for recovery residences, including resident residency status, medication-assisted treatment details, referral sources, and financial agreements.

TECHNICAL

Corrected terminology in hospital licensure rules by replacing 'State Air Pollution Control Commission' with 'Air Quality Board' and updating related references.

Introduced Version → Enrolled Committee Substitute · 6 edits · Apr 28, 2025

MODERATE

This bill enacts multiple legislative rules across West Virginia state agencies, primarily authorizing the Department of Health, Department of Human Services, and Office of Inspector General to promulgate rules for various programs including medical cannabis, recovery residences, and hospital licensure. The bill also directs specific amendments to existing rules, particularly updating sewage treatment design standards and adding new requirements for recovery residences regarding human trafficking prevention and data reporting.

Scope change

The bill expands regulatory authority by adding a new article (Article 5B) authorizing the Office of Inspector General to promulgate legislative rules, while modifying existing articles to include additional program authorizations and specific rule amendments.

SCOPE

Added new Article 5B authorizing the Office of Inspector General to promulgate legislative rules for hospital licensure and behavioral health centers licensure.

REQUIREMENT

Modified Department of Human Services recovery residence rules to require disclosure of human trafficking information, add exit surveys, and mandate detailed data reporting on resident treatment, rent, and work arrangements.

Updated Department of Health sewage treatment design standards table with new facility loadings for breweries, cideries, distilleries, wineries, and other establishments.

Added requirements for recovery residence staff transporting consumers to sign annual affidavits regarding insurance and vehicle registration.

TIMELINE

Extended the expiration date for child placing agencies licensure requirements from 2026 to 2031.

TECHNICAL

Corrected various code citations and dates throughout the bill, including changing the legislative rule-making authority citation from §16A-3-1 to §16-1-4 for certain rules.

Authorizing Department of Health to promulgate legislative rules

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