CHARLESTON, W.Va. (AP) - Patients suffering medical injuries at nursing homes or assisted-living facilities would face a shorter deadline to sue and limits on individual mistreatment claims under legislation approved Friday by West Virginia lawmakers.
The House of Delegates voted 87-12 to cut the period for filing a claim from two years to one, though adding six months when required documentation can be filed.
The measure, which goes next to Gov. Jim Justice to sign or veto, would redefine an “occurrence,” or the basis for a claim, from a single incident to a course of treatment. The Senate passed the bill earlier this month.
“One of the things that was happening in these lawsuits was every time a patient would get a bed sore, they’d file a separate lawsuit,” said House Judiciary Committee Chairman John Shott, a Bluefield Republican. “This occurrence definition prevents that type of thing.”
Under the legislation, the old definitions and deadlines would still apply to most other health care facilities and providers.
Also Friday, the House postponed for a day voting on eliminating state funding for greyhound racing. The Senate approved it Monday.
The bill would transfer $15 million in anticipated payouts to dog breeders for the next fiscal year to an excess lottery revenue fund for the Legislature’s appropriation to help close the state budget deficit. Industry officials say the cut would cost an estimated 1,700 jobs and doom the industry in the state.
The House postponed until Monday considering legislation to legalize medical marijuana.
The bill, approved by the Senate, would establish a state commission to issue identification cards to patients and caregivers and consider the drug’s use for chronic or debilitating diseases or conditions including severe or chronic pain, seizures, anorexia, anxiety disorder, nausea and post-traumatic stress disorder.
It would also license plant growers, processors and dispensaries for products containing cannabis including food, tinctures, aerosols, oils or ointments.
Meanwhile, the Republican-controlled Legislature and the Democratic governor have been negotiating possible budget cuts and tax revisions to close a state budget deficit initially projected at $500 million next year.
Justice said Thursday that both sides have agreed on about $55 million in cuts, while retaining support for public broadcasting and giving West Virginia’s teachers a 2 percent raise.
They have been divided on taxes. The governor’s latest proposals were to increase the state sales tax by 0.25 percent, meaning a quarter-cent on a dollar, or else raising the tax on sweetened beverages by 2 cents a can and the cigarette tax by 15 cents a pack, he said Thursday.
On Friday, Justice announced that the West Virginia Chamber of Commerce now supports his proposed temporary tax on commercial revenue. The tax would equal a small fraction of 1 percentage point, which officials estimate would raise almost $45 million. Chamber President Steve Roberts said chamber officials have heard from West Virginia employers “that they are willing to participate in helping stabilize the state’s finances.”
The Senate on Wednesday voted 22-12 for legislation to raise the state sales tax from 6 cents on the dollar to 7 cents and apply it more broadly to service businesses, while cutting the state income tax.
That bill would cut would cut the top income tax rate from 6.5 to 5.45 percent the first year. The lowest rate would drop from 3 percent to 1.85 percent.
Justice said he agrees with eventually eliminating the income tax, but this isn’t the time.
The House tabled its own tax bill this week. It is considering the Senate bill and possible changes. The House also has under review a Senate-passed bill to raise the state gasoline tax by 4.5 cents a gallon, something Justice pushed to help fund road reconstruction.
Please read our comment policy before commenting.