SB 1011 — Selling Hopemont Hospital

NEWS RELEASES HELPFUL LINKS IntroducedSB1011 VersionSUB1 « Senate Bill 1011 History OTHER VERSIONS  —  CommitteeIntroduced SubstituteVersion (1)  |   |  Email Key:

Red = new code to be enacted WEST virginia Legislaturelegislature FIRSTregular EXTRAORDINARY session IntroducedCommittee Substitute for Senate Bill 1011 By Senators Carmichael (Mr.

President) and Prezioso [By(By Request of the Executive]Executive) [Introduced[Originating Mayin 24,the 2017;Committee on Health and Human Resources;

Referredreported to the Committee on HealthMay and24, Human2017] Resources] A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-26, relating to the selling of a certain state-owned health care facility and appurtenances by the Secretary of the Department of Health and Human Resources;

ensuring the transfer of existing patientspatients; and the construction of a replacement facility;

allowing the Secretary to determine need for a new facility;

setting forth requirements for new facility;

providing for continuation of licenses of existing beds;

anddefining providingterms; statutory construction.

and providing for statutory construction.

That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §9-5-26, to read as follows:follows:   ARTICLE 5.

ARTICLE 5.

licenses;licenses for staffed beds;

and all other assets utilized in the current operation of the facility excluding any cash, cash equivalents and marketable securities of the long-term care facility known as the Hopemont Hospital.

(b) The secretary shall ensure that the patients are transferred to an area facility and shall minimize effects on long-term care facility residents, including any potential risk that could arise from relocating current residents, and shall provide updates to the Joint Committee on Government and Finance and to the Legislative Oversight Commission on Health and Human Resources Accountability,Accountability pursuant to state law.

(c) TheIf the secretary shalldetermines assure that a replacementnew facilityspecialized oflong-term atcare leastfacility sixtyis bedsneeded, bethe constructednew tospecialized accommodatelong-term thecare needsfacility ofshall:  the(1)  patientHave population at Hopemontleast andsixty bebeds; operated as a geriatric psychiatric nursing home accepting only individuals with high acuity needs such as geri-psych, behavioral symptoms, Alzheimer's, Intellectual and Developmental Disabilities, and patients with criminal histories who do not present a danger to staff or other residents.

(d)(2)  ThisBe sectionlocated isin notthe subjectState toof theWest purchasingVirginia requirementswithin a five-mile radius of articlethe three,current chapterfacility five-awith preference being given to locating the facility on the property of thisthe code.current Hopemont Hospital;

(e)and Sales(3)  andMay transfersadmit underonly specialized long-term care residents.              (d)  Any licensed beds remaining above the sixty beds required in subsection (c) of this section areshall exemptremain fromlicensed certificateas ofspecialized needlong-term requirementscare providedfacility inbeds and may only be used by specialized long-term care residents.     (e) This section is not subject to the purchasing requirements of article two-d,three, chapter sixteenfive-a of this code.

(f) Sales and transfers underpursuant to this section are exempt from Medicaidcertificate rulesof andneed policies.requirements provided in article two-d, chapter sixteen of this code.

(g) TheSales secretary,and intransfers consultationunder withthis thesection Directorare ofexempt thefrom DivisionMedicaid ofrules Personnel, shall create a plan and coordinatepolicies. with the secretary to create a strategy to minimize the effects on employees.

(h) The department,secretary, in consultation with the DivisionDirector of Personnel, the ConsolidatedDivision Publicof RetirementPersonnel, Board, and any other state agency as applicable, shall preparecreate a benefitplan packageand forcoordinate employees of Hopemont Hospital who are laid off, employed by a successor company or retire as a result of the divestment.  Such benefits may include, but are not limited to, investment in retraining, placement on the Division of Personnel’s reemployment list with preference, the purchasesecretary ofto actuariallycreate sounda yearsstrategy of service based on prior years of service with Hopemont Hospital or its predecessors, or any other benefits otherwise permitted under state law.  The Division of Personnel, the Consolidated Public Retirement Board and any other necessary state agency shall cooperate and take any such action as necessary to implementminimize such benefit package.  Benefits packages as described in this subsection may be funded by the Hopemonteffects Long-Termon Careemployees. Facility Development Fund.  As used in this subsection “successor company” means any company who purchases any of the assets as described in subsection (a) of this section:

(i) The Department of Health and Human Resources, in consultation with the Division of Personnel, the Consolidated Public Retirement Board and any other state agency as applicable, shall prepare a benefit package for employees of Hopemont Hospital who are laid off, employed by a successor company or retire as a result of the divestment.  Such benefits may include, but are not limited to, investment in retraining, placement on the Division of Personnel’s reemployment list with preference, the purchase of actuarially sound years of service based on prior years of service with Hopemont Hospital or its predecessors or any other benefits otherwise permitted under state law.  The Division of Personnel, the Consolidated Public Retirement Board and any other necessary state agency shall cooperate and take any such action as necessary to implement such benefit package.  Benefits packages as described in this subsection may be funded by the Hopemont Long Term Care Facility Development Fund.  As used in this subsection, “successor company” means any company who purchases any of the assets as described in subsection (a) of this section:

Provided, however, thatThat the Department of Health and Human Resources shall enter into a memoranda of understanding with the Division of Personnel, the Consolidated Public Retirement Board,Board and the Public Employees Insurance Agency prior to implementation of any benefit package with any employee which must state any cost to any affected retirement system and that this cost is to be paid by the Department of Health and Human Resources.  No benefit package may be granted unless memoranda of understanding are filed with the Division of Personnel, the Consolidated Public Retirement Board,Board and the Public Employees Insurance Agency, and the agreement of the Department of Health and Human Resources to pay the same by a date certain, or if there is not cost, the agreement of the parties to the same.  Any benefit package granted without such memoranda of understanding is unlawful.

(i)(j) The secretary shall prepare a complete accounting of all assets to the Joint Committee on Government and Finance.

(j)(k) There is created in the Statestate Treasury a special revenue account to be known as the “HopemontHopemont Long-TermLong Term Care Facility Development Fund”Fund.  The fund shall consist of appropriations to effectuate the purposes of this section and any revenue or sales proceeds derived from activities provided for in accordance with this section.  Expenditures from the fund are for the purposes set forth in this section and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code.

(k)(l) ThisFor sectionthe shallpurposes beof construedthis broadlysection, asa to“specialized providelong-term thecare secretaryfacility” withmeans thea latitudefacility tothat accomplishserves theresidents goalswho: of this section.

 (1) NOTE:Are high acuity patients;

Theand purpose(2) ofMay thispresent billas isa danger to requirethemselves theor sellingothers, ofmay Hopemonthave Hospitala bycriminal thebackground, Secretaryresidents ofwith thepsychiatric Department of Health and Humanbehavioral Resources. disorders, Strike-throughstraumatic indicatebrain languageinjury thatwith wouldvarying beneurological strickendisorders, fromgeri-psychiatric, aindividuals headingwith orintellectual theand presentdevelopmental lawdisabilities, andas underscoringwell indicatesas newAlzheimer’s languagedisease thator woulddementia bewith added.combative behaviors.

Bill(m) Status  | This Billsection Tracking  | shall Legacybe WVconstrued Code  | broadly Bulletinas Board  | to Districtprovide Maps  | the Senatesecretary Roster  | with Housethe Roster  | latitude Live  | to Blog  | accomplish Jobs  |  Links  |  Home This Web site is maintained by the Westgoals Virginia Legislature's Office of Referencethis &section. Information.

  Bill Status  |  Bill Tracking  |  Legacy WV Code  |  Bulletin Board  |  District Maps  |  Senate Roster  |  House Roster  |  Live  |  Blog  |  Jobs  |  Links  |  Home This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.