WV Code § 64-5-1 (2021)
2021 West Virginia Code|Chapter 64. Legislative Rules|Article 5. Authorization for Department of Health and Human Resources to Promulgate Legislative Rules|§64-5-1. Department of Health and Human Resources

(a) The legislative rule filed in the State Register on August 25, 2020, authorized under the authority of 27-9-1 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 4, 2021, relating to the Department of Health and Human Resources (behavioral health centers licensure, 64 CSR 11), is authorized with the following amendments:On page 1, subsection 1.7, after the words, "supports in the" by inserting the words, "state of";On page 11, subdivision 4.5.5 by striking out the word, "alternations" and inserting in lieu thereof the word, "alterations";On page 11, by adding a new subdivision 4.5.6 to read as follows: "4.5.6. All plumbing shall meet the requirements of local plumbing codes or, in the absence thereof, the National Plumbing Code and be maintained and repaired in a state to conform with its intended purpose."; And,By renumbering the remaining subdivisions;On page 25, by striking out all of paragraph 9.5.1.f. and inserting in lieu thereof a new paragraph 9.5.1.f. to read as follows:"9.5.1.f. Documentation that information on the Child Abuse and Neglect Registry created under W. Va. Code 15-13-1 et seq. was checked for that employee, student, or volunteer."On page 28, paragraph 10.1.4.i, by striking out the word, "daily";On page 28, by striking out all of paragraph 10.1.4.l,:On page 29, paragraph 10.1.4.m, after the word, "vermin" by inserting the words, "that stand to pose a threat to the health or safety of consumers or employees";And,By renumbering the remaining paragraph;On page 30, subdivision 10.2.11, by striking out the word, "sued" and inserting in lieu thereof the word, "used";On page 45, subdivision 12.16.5, by striking out the word, "uses" and inserting in lieu thereof the word, "use"; On page 45, subdivision 12.16.5, by striking out the word, "made" and inserting in lieu thereof the word, "make";On page 52, paragraph 12.28.2.f, after the word, "immediate" by inserting a comma, and the words, "in-home"; On page 52, paragraph 12.28.2.f, after the word, "record" by inserting the words, "in order to provide safe and appropriate care to consumers"; And,On page 55, subdivision 13.3.1 by changing the period and to a colon and inserting the following proviso: "Provided, That the Secretary may only suspend or revoke a license, if the licensee commits a violation which endangers the health, safety or welfare of a person;";(b) The legislative rule filed in the State Register on August 21, 2020, authorized under the authority of 16-5B-8 of this code, relating to the Department of Health and Human Resources (hospital licensure, 64 CSR 12), is authorized with the following amendment:On page 13, by inserting a new subdivision 4.3.7 to read as follows;"4.3.7. A hospital shall post signage in every patient room, patient care area or department, and staff rest area information outlining the process for reporting patient safety concerns via the facilitys designated internal reporting mechanism and the process for reporting unresolved patient safety concerns or complaints to the West Virginia Office for Health Facility Licensure and Certification. The posting shall include the address and telephone number for the West Virginia Office for Health Facility Licensure and Certification. Signage color and text shall conform to the Office of Safety and Health Administration regulations for safety instruction signs as provided in standard 1910.145. Nothing in the provision precludes any patient, patient representative, or healthcare provider from making a good faith report pertaining to patient safety concerns and/or alleged wrongdoing or waste to any other appropriate authorities as provided 16-39-3".(c) The legislative rule filed in the State Register on August 25, 2020, authorized under the authority of 16-5C-5 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 16, 2020, relating to the Department of Health and Human Resources (nursing home licensure, 64 CSR 13), is authorized.(d) The Legislature directs the Department of Health and Human Resources to promulgate the legislative rule effective of July 1, 2019, authorized under the authority of 16-1-4 of this code, relating to the Department of Health and Human Resources (food establishments, 64 CSR 17), with the following amendments:On page 2, subsection 3.1, by adding a new subdivision 3.1.h, to read as follows:3.1.h Chapter 6, section 6-501.115 is not appliable if the following conditions are met:3.1.h.1. The dog is prohibited from entering any areas where food is being prepared. 3.1.h.2. An exterior play area is available for the dog;3.1.h.3. The dog owner shall certify that his or her dog has a current rabies vaccination; 3.1.h.4. The dog owner will be asked to leave, if a dog creates a nuisance;3.1.h.5. The establishment is licensed a private club, brew pub, or micro distillery;3.1.h.6. The establishment has liability insurance for dog related incidents;3.1.h.7. Dog accidents are cleaned and sanitized. Dog waste stations are available. A written procedure shall be established and posted concerning dog accident cleanup;3.1.h.8. Signage is present indicating that the establishment is dog friendly;3.1.h.9. Dog rules are provided to customers upon entrance.And,By renumbering the remaining subdivisions.(e) The legislative rule filed in the State Register on August 21, 2020, authorized under the authority of 16-35-4 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 10, 2020, relating to the Department of Health and Human Resources (lead abatement licensing, 64 CSR 45), is authorized.(f) The legislative rule filed in the State Register on November 20, 2020, authorized under the authority of 16-1-4 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on January 4, 2021, relating to the Department of Health and Human Resources (emergency medical services, 64 CSR 48), is authorized with the following amendment:On page 50, after subsection 12.4., by adding a new section 13 to read as follows:"64-48-13. Federal Model Program.13.1. Any EMS agency licensed by the Bureau may seek approval from the Centers for Medicare and Medicaid Services of the United States Department of Health and Human Services to participate in the national Emergency Triage, Treat and Transport (ET3) Model program. Services under the ET3 Model program shall specifically include, but not be limited to, the transport of patients to alternative destinations such as federally qualified health centers, urgent care centers, physician offices and clinics, and behavioral health care facilities. The ET3 Model program has a five-year performance period and is not administered by the Bureau. Any EMS agency approved to participate in the ET3 Model program shall be governed solely by the standards and criteria established by the Centers for Medicare & Medicaid Services in its delivery of ET3 services thereunder."(g) The legislative rule filed in the State Register on August 26, 2020, authorized under the authority of 27-5-9(g) of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 9, 2020, relating to the Department of Health and Human Resources (client rights at state-operated mental health facilities, 64 CSR 59), is authorized.(h) The legislative rule filed in the State Register on August 21, 2020, authorized under the authority of 16-5O-11 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 16, 2020, relating to the Department of Health and Human Resources (delegation of medication administration and health maintenance tasks to approved medication assistive personnel, 64 CSR 60), is authorized.(i) The legislative rule filed in the State Register on August 26, 2020, authorized under the authority of 33-59-1(k) of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 20, 2020, relating to the Department of Health and Human Resources (diabetes self-management education, 64 CSR 115), is authorized with the following amendment:On page 1, subsection 1.2, by striking out, "53" and inserting in lieu thereof "59".(j) The legislative rule filed in the State Register on August 21, 2020, authorized under the authority of 16-49-9 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on November 20, 2020, relating to the Department of Health and Human Resources (West Virginia clearance for access, registry, and employment screening, 69 CSR 10), is authorized with the following amendment:On page 2, by adding a new subsection 2.3 to read as follows: " 2.3. Covered Provider means the following facilities or providers that are required to participate in the WV CARES program: skilled nursing facilities; nursing facilities; home health agencies; providers of hospice care; long-term care hospitals; providers of personal care services; providers of adult day care; residential care providers that arrange for or directly provide long-term care services including assisted living facilities; intermediate care facilities for individuals with intellectual disabilities; persons responsible for the care of children as described in W. Va. Code 49-2-114; chronic pain management clinics; behavioral health centers; neonatal abstinence syndrome centers; opioid treatment centers; and any other facility or provider required to participate in the West Virginia Clearance for Access: Registry and Employment Screening program as determined by the secretary in legislative rule.";And,By renumbering the remaining subsections;(k) The legislative rule filed in the State Register on July 1, 2020, authorized under the authority of 16-59-2(g) of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 9, 2020, relating to the Department of Health and Human Resources (recovery residence certification and accreditation program, 69 CSR 15), is authorized.(l) The legislative rule filed in the State Register on August 25, 2020, authorized under the authority of 49-2-121 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 16, 2020, relating to the Department of Health and Human Resources (child placing agencies licensure, 78 CSR 02), is authorized with the following amendments:On page 11, by striking out paragraph 6.3.1.b;And,By renumbering the remaining paragraph;On page 20, subsection 8.1, by striking out the sentence, "The agency shall require the following qualifications for each position."On page 20, by striking out subdivision 8.1.1, And,On page 20, by striking out subdivision 8.1.4. and inserting in lieu thereof a new subdivision 8.1.4 to read as follows:"8.1.4. Case Managers shall have a bachelors or masters degree in social work or a related human service field, or a Board of Regents degree with a human service concentration, or a Bachelors degree who has completed department approved training provided by the child placing agency;On page 21 by striking paragraph, 8.2.1.a:And,By renumbering the remaining paragraphs;On page 36, by striking out subdivision, 11.4.5.;And,Renumbering the remaining subdivisions.(m) The legislative rule filed in the State Register on August 25, 2020, authorized under the authority of 49-2-121 of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 15, 2020, relating to the Department of Health and Human Resources (minimum licensing requirements for residential child care and treatment facilities for children and transitioning adults and vulnerable and transitioning youth group homes and programs in West Virginia, 78 CSR 03), is authorized with the following amendments:On page 23, by striking out all of subdivision 6.1.1.;And,By renumbering the remaining subdivisions;On page 26, subsection 7.1., by striking out "governing body shall be one of the following:" On page 26, by striking out all of subdivisions 7.1.1, 7.1.2, 7.1.3, 7.1.4, and 7.1.5;On page 36, by striking out all of subsection 10.6.;On page 40, by striking out all of subdivision 11.3.2;And,By renumbering the remaining subdivisions;On page 41, by striking out all of subsection 12.1 and inserting in lieu thereof a new subsection 12.1. to read as follows:12.1 The organization shall meet all applicable federal, state, and local, health, building, safety, and fire codes."On page 42, by striking out all of subdivision 12.2.1 and inserting in lieu thereof a new subsection 12.2.1 to read as follows: "12.2.1 Food shall be stored, prepared, and served according to local health department regulations;On page 43, by striking out all of subdivision 12.2.2.;And, On page 43, by striking out all of subsection 12.3.;(n) The legislative rule filed in the State Register on August 26, 2020, authorized under the authority of 49-4-601b of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 15, 2020, relating to the Department of Health and Human Resources (procedure to contest the substantiation of child abuse or neglect, 78 CSR 27), is authorized with the following amendments: On page 2, after subsection 2.14, by adding two new sections designated sections 3 and 4 to read as follows:"78-27-3. Substantiation of abuse and neglect.The Bureau may consider an allegation against a person of abuse or neglect of a child to have been substantiated for purposes of its records in either of the following two circumstances: (a) The allegation of abuse or neglect has been the subject of a petition under chapter 49 of this code, that resulted in an adjudication finding that the person committed one or more acts of abuse or neglect of a child, and that adjudication has not been reversed or vacated on appeal; or (b) The Bureau, as a result of its own investigation has determined that an allegation against a person of abuse or neglect of a child has been substantiated, whether or not there has a been adjudication under subsection (a) of this section: Provided, that when there has been no adjudication, sections four and five of this rule apply.78-27-4. Allegations of abuse or neglect substantiated on or before July 1, 2021. (a) Any person may write to the Bureau and inquire if the Bureau has included him or her in its records of persons against whom there has been a substantiated claim of abuse or neglect of a child. The person making the inquiry shall provide the Bureau with his or her full name, date of birth, address, and social security number. (b) Within 30 days of the request, the Bureau shall inform the person that: (1) the Bureau has no record of any substantiated claim against the person of abuse or neglect of a child; or (2) the Bureau does have a record of a substantiated allegation against the person of abuse or neglect of a child. If the substantiation is not based upon an adjudication described in subsection (a), section three of this rule, the Bureau shall provide the notice required under section five of this rule, and all of the rights and obligations of the Bureau and the person apply as if the Bureaus substantiation had occurred after July 1, 2021.";And,By renumbering the remaining sections;On page 2, section 3, by striking out all of subsection 3.1. and inserting in lieu thereof a new subsection 3.1 to read as follows:"3.1. After July 1, 2021, if the Bureau determines that an allegation against a person of abuse or neglect of a child has been substantiated, the Bureau shall provide written notice to the maltreater of its determination.";And,On page 3, subsection 3.4., after the words "The notice shall" by striking out the remainder of the sentence and inserting in lieu thereof "inform the maltreater that a finding of a substantiated abuse and neglect is recorded with the Bureau. The notice shall also inform the maltreater that the fact that a finding of a substantiated abuse and neglect is recorded with the Bureau may keep the maltreater from certain types of employment and may also prevent him or her from foster or kinship care of a child.".