West Virginia Nurse - January 2022

January, February, March 2022 West Virginia Nurse Page 7
Recap of the 2021 West Virginia Legislative Session
Teresa Hovatter, BSN, RN, TTS, MSOL
WVNA HP&L Committee Chair and WVNA President-Elect
The West Virginia Nurses Association (WVNA) advocates for the nurses of West Virginia
as well as for the health and well-being of West Virginians. The policy positions that WVNA
has taken reflect the needs expressed by WVNA members and the nurses who participated
in our surveys. WVNA’s Health Policy & Legislation (HP&) statement guides the legislative
agenda and direction of WVNA to best serve WV nurses and West Virginians. The 2022 HP&L
statement was ratified at our Membership Assembly in October 2021 and can be found on
the WVNA website.
As we look ahead to the 2022 legislative session, here is a recap of the 2021
WV legislative session – to remind all of us who were there (in person, by Zoom,
by email, by phone, or by reading WVNA information), and to pique the interest
of those who were not. Many West Virginia nurses pay particularly close attention
to bills sponsored by House Majority Leader Amy Summers, RN, and by Delegate
Heather Tully, RN.
Bills That Passed and Were Signed into Law
HB 2368 – Mylissa Smith’s Law – creating patient visitation privileges. This bill is named in
honor of the late Mylissa Smith, RN. Lead Sponsor: Delegate D. Jeffries. You can read more
about the story behind the bill at Governor Justice Signs Mylissa Smith’s Law.
HB 2672 – Relating to posting of safety information in hospitals.
The purpose of this bill is to require a hospital to post the contact information for the
Office for Health Facility Licensure and Certification, to notify citizens about how to file a
complaint. Lead Sponsor: Delegate Tully.
SB 277 – “COVID-19 Jobs Protection Act.”
WVNA, along with AARP, vehemently advocated for the removal of the immunity for
willful misconduct and reckless or intentional infliction of harm. Amendments to make the
bill safer were added.
SB 334 – Establishing license application process for needle exchange programs. Lead
Sponsor: Senator Tarr.
SB 714 – Relating to physician assistant practice act; was amended in House to include
the ability of both PAs and APRNs to prescribe three days of Schedule II medications. Lead
Sponsor: Senator Takubo.
Bills That Died
HB 2344 – Modify statute related to licensed veterinary technician, modifying the
definition of “registered veterinary technician” from “technician” to “nurse.” (WVNA
vehemently opposed.)
Lead Sponsor: Delegate J. Pack. This bill died in the House Agriculture and Natural
Resources Committee.
HB 2363 – “Best Interests of the Child Protection Act of 2021,” regarding shared child
custody. This bill died in the Senate Judiciary Committee.
HB 2674 – CRNA: Relating to the administration of anesthetics. This bill passed the House;
in the Senate Health Committee. it was completely changed from addressing CRNA scope of
practice, to instead allowing three days of prescribing Schedule II medications for APRNs. It
was referred to the Senate Rules Committee, where it died. Lead Sponsor: Delegate Tully.
HB 2707 – APRN: Relating to prescriptive authority for advanced practice registered
nurses; legislate executive orders. Lead Sponsor: Delegate Tully. This bill died waiting to be
placed on the House Health Committee agenda.
HB 2796 – Supplemental appropriations bill. The purpose of this bill was to provide relief
for nurses who become ill from COVID-19 while caring for patients, using excess surplus
funds paid from nursing licensure fees. Lead Sponsor: Majority Leader Summers. This bill died
waiting to be placed on the Senate Finance Committee agenda.
HB 2869 – To remove any mask mandate in West
Virginia. Lead Sponsor: Senator Jeffries. This bill died in the
House Judiciary Committee.
SB 568 – Eliminate [COVID-19] mask mandate; relating to
emergency powers of Governor. This bill died in the Senate
Government Organization Committee. Lead Sponsors:
Senators Azinger and Karnes.
****
The HP&L Committee held a Legislative Leader (LL)
training on November 9, 2021. The training was recorded
for current and prospective LLs. If you have any questions about locating the recording,
please reach out to Julie Huron, WVNA executive director, at centraloffice@wvnurses.org.
Legislation to Create a
Palliative Care Benefit in WV
Medicaid is Anticipated in 2022
Chris Zinn, MSc, BSN, RN
Executive Director, Hospice Council of West Virginia
New legislation will be introduced in the next West Virginia
legislative session (which begins in January 2022) to create a
palliative care benefit in WV Medicaid. This bill comes from
the work of the WV State Advisory Coalition on Palliative Care.
The coalition has consulted experts and studied palliative care
legislation from California, Hawaii, and Maine, and has decided
that Maine’s approach is best suited to West Virginia.
The draft palliative care bill directs the WV Department of
Health and Human Resources to apply for a waiver or a State
Plan Amendment so that interdisciplinary palliative care will be
funded for people with serious illness. This benefit differs from
the hospice benefit, as palliative care beneficiaries may still be
Chris Zinn
receiving curative treatment and may live longer. The Medicaid
Hospice benefit is limited to patients whose physicians certify that they have less than six
months to live. This can be a significant barrier to accessing support when it is needed. (For
more information on the Medicaid Hospice benefit, see Medicaid Hospice benefit.)
This legislation would greatly benefit West Virginians with serious illness such as
advanced cancer, heart disease, lung disease, and neurologic diseases. Currently, palliative
care is provided by physicians, APRNs, and PAs, but there is no way to bill for RNs and other
professionals whose services may be needed to support patients and families. Studies in
other states have shown that palliative care can be cost-neutral, as hospitalizations and
emergency room visits are prevented when palliative care teams are involved.
1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
2 designated §9-5-29, all relating to requiring coverage and reimbursement of specified
3 palliative care benefits by the West Virginia Medicaid program.
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