reglab/housing_qa huggingface dataset:
WV Code § 9-6-6 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 6. Social Services for Adults|§9-6-6. Payment and Termination of Payment for Services to a Vulnerable Adult

If any vulnerable adult requires and is granted remedial treatment for an emergency, or the department determines that a vulnerable adult is abused, neglected, or financially exploited, the department may pay any assistance granted for the use and benefit of such vulnerable adult to the person actually providing care for such adult, and terminate payments to any person alleged or shown to have abused, neglected, or financially exploited such vulnerable adult, or to whom such payments were made prior to such remedial treatment, for so long as such remedial treatment continues, or until such abuse, neglect, or financial exploitation is abated, and such vulnerable adult continues to be in the immediate care, custody, and control of such person.
WV Code § 9-6-7 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 6. Social Services for Adults|§9-6-7. Comprehensive System of Adult Protective Services; Compulsory Assistance Prohibited

The department shall develop a plan for a comprehensive system of adult protective services, including social casework, medical and psychiatric services, home care, day care, counseling, research, and others to achieve the goals of this article.It shall offer such services as are available and appropriate in the circumstances to persons who, other than for compensation, have or intend to have the actual, physical custody and control of a vulnerable adult and to such vulnerable adults or to adults who may request and be entitled to such protective services: Provided, That except as expressly provided in this article, the department may not directly or indirectly compel the acceptance of such services by any person or discriminate against a person who refuses such services.
WV Code § 9-6-9 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 6. Social Services for Adults|§9-6-9. Mandatory Reporting of Incidences of Abuse, Neglect, Financial Exploitation, or Emergency Situation

(a) If any medical, dental, or mental health professional, Christian Science practitioner, religious healer, social service worker, law-enforcement officer, humane officer, or any employee of any nursing home or other residential facility, has reasonable cause to believe that a vulnerable adult or facility resident is or has been neglected, abused, financially exploited or placed in an emergency situation, or if such person observes a vulnerable adult or facility resident being subjected to conditions that are likely to result in abuse, neglect, financial exploitation, or an emergency situation, the person shall immediately report the circumstances pursuant to the provisions of 9-6-11 of this code: Provided, That nothing in this article is intended to prevent individuals from reporting on their own behalf.(b) In addition to those persons and officials specifically required to report situations involving suspected abuse, neglect, or financial exploitation of a vulnerable adult or facility resident, or the existence of an emergency situation, any other person may make such a report.(c) The Department of Health and Human Resources shall develop and implement a procedure to notify any person mandated to report suspected abuse and neglect of a vulnerable adult or facility resident of whether an investigation into the reported suspected abuse, neglect, or financial exploitation has been initiated and when the investigation is completed.(d) Financial institutions and their employees, as defined by 31A-2A-1 of this code and as permitted by 31A-2A-4(13) of this code, others engaged in financially related activities, as defined by 31A-8C-1 of this code, caregivers, relatives, and other concerned persons are permitted to report suspected cases of financial exploitation to state or federal law-enforcement authorities, the county prosecuting attorney, and to the Department of Health and Human Resources, Adult Protective Services Division, or Medicaid Fraud Division, as appropriate. Public officers and employees are required to report suspected cases of financial exploitation to the appropriate entities as stated above. The requisite agencies shall investigate or cause the investigation of the allegations.
WV Code § 9-6-9a (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 6. Social Services for Adults|§9-6-9a. Mandatory Reporting Suspected of Animal Cruelty by Adult Protective Service Workers

In the event an adult protective service worker, in response to a report mandated by section nine of this article, forms a reasonable suspicion that an animal is the victim of cruel or inhumane treatment, he or she shall report the suspicion and the basis therefor to the county humane officer provided under section one, article ten, chapter seven of this code within twenty-four hours of the response to the report.
WV Code § 9-6-10 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 6. Social Services for Adults|§9-6-10. Mandatory Reporting to Medical Examiner or Coroner; Postmortem Investigation

(a) Any person or official who is required under 9-6-9 of this code to report cases of suspected abuse, neglect, or financial exploitation, and who has probable cause to believe that a vulnerable adult or facility resident has died as a result of abuse or neglect, shall report that fact to the appropriate medical examiner or coroner.(b) Upon the receipt of such a report, the medical examiner or coroner shall cause an investigation to be made and shall report the findings to the local law-enforcement agency, the local prosecuting attorney, the departments local adult protective services agency, and, if the institution making a report is a hospital, nursing home, or other residential facility, to the administrator of the facility, the state and regional long-term care ombudsman, and the Office of Health Facility Licensure and Certification.
WV Code § 9-6-11 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 6. Social Services for Adults|§9-6-11. Reporting Procedures

(a) A report of neglect, abuse, or financial exploitation of a vulnerable adult or facility resident, or of an emergency situation involving such an adult, shall be made immediately, and not more than 48 hours after suspecting abuse, neglect or financial exploitation, to the departments adult protective services agency by a method established by the department. The department shall, upon receiving any such report, take such action as may be appropriate and shall maintain a record thereof. The department shall receive reports on its 24-hour, seven-day-a-week, toll-free number established to receive calls reporting cases of suspected or known adult abuse or neglect.(b) A copy of any report of abuse, neglect, financial exploitation, or emergency situation shall be immediately filed with the following agencies:(1) The Department of Health and Human Resources;(2) The appropriate law-enforcement agency and the prosecuting attorney, if necessary; or(3) In case of a death, to the appropriate medical examiner or coroners office.(c) If the person who is alleged to be abused, neglected, or financially exploited is a resident of a nursing home or other residential facility, a copy of the report shall also be filed with the state or regional long-term care ombudsman and the administrator of the nursing home or facility.(d) Reports of known or suspected institutional abuse, neglect, or financial exploitation of a vulnerable adult or facility resident, or the existence of an emergency situation in an institution, nursing home, or other residential facility shall be made, received, and investigated in the same manner as other reports provided for in this article. In the case of a report regarding an institution, nursing home, or residential facility, the department shall immediately cause an investigation to be conducted.
WV Code § 9-6-12 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 6. Social Services for Adults|§9-6-12. Reporting Person's Immunity From Liability

(a) Any person who in good faith makes or causes to be made any report permitted or required by this article shall be immune from any civil or criminal liability which might otherwise arise solely out of making such report.(b) No nursing home may discharge or in any manner discriminate against any resident, family member, legal representative or employee for the reason that he or she filed a complaint or participated in any matter or proceeding stemming from the provisions of this article.(c) Violation of the prohibition contained in subsection (b) of this section by a nursing home or other residential facility constitutes grounds for the suspension or revocation of the license of the facility, if it operates under license pursuant to this code, or other appropriate measure.
WV Code § 9-6-13 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 6. Social Services for Adults|§9-6-13. Abrogation of Privileged Communications

The privileged status of communications between husband and wife, and with any person required to make reports under 9-6-9 or 9-6-10 of this code, except communications between an attorney and his or her client, is hereby abrogated in circumstances involving suspected or known abuse, neglect, or financial exploitation of a vulnerable adult, or where the vulnerable adult is in a known or suspected emergency situation.
WV Code § 9-6-14 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 6. Social Services for Adults|§9-6-14. Failure to Report; Penalty

Any person subject to the mandatory reporting provisions of this article who knowingly fails to make any report required herein or any person who knowingly prevents another person from making such a report is guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than $100 or imprisoned in the county jail for not more than ten days, or both fined and imprisoned.
WV Code § 9-6-16 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 6. Social Services for Adults|§9-6-16. Compelling Production of Information

(a)(1) In order to obtain information regarding the location of an adult who is the subject of an allegation of abuse, neglect, or financial exploitation, the Secretary of the Department of Health and Human Resources may serve, by certified mail, personal service, or facsimile, an administrative subpoena on any corporation, partnership, business, or organization for production of information leading to determining the location of the adult. In case of disobedience to the subpoena, the Division of Adult Protective Services may petition any circuit court to require the production of information.(2) In case of disobedience to the subpoena, in compelling the production of information, the secretary may invoke the aid of: (A) The circuit court with jurisdiction over the served party, if the entity served is located in this state; or (B) the circuit court of the county in which the local protective services office conducting the investigation is located, if the entity served is a nonresident.(3) A circuit court shall not enforce an administrative subpoena unless it finds that: (A) The investigation is one the Division of Adult Protective Services is authorized to make and is being conducted pursuant to a legitimate purpose; (B) the inquiry is relevant to that purpose; (C) the inquiry is not too broad or indefinite; (D) the information sought is not already in the possession of the Division of Adult Protective Services; and (E) any administrative steps required by law have been followed.(4) If circumstances arise where the secretary, or his or her designee, determines it necessary to compel an individual to provide information regarding the location of an adult who is the subject of an allegation of abuse, neglect, or financial exploitation, the secretary, or his or her designee, may seek a subpoena from the circuit court with jurisdiction over the individual from whom the information is sought.
WV Code § 9-7-1 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 7. Fraud and Abuse in the Medicaid Program|§9-7-1. Legislative Purpose and Findings; Powers and Duties of Fraud Control Unit; Transfer to the Office of the Attorney General; Legislative Report

(a) It is the purpose of the Legislature to continue the Medicaid Fraud Control Unit previously established within the West Virginia Department of Health and Human Resources and to provide it with the responsibility and authority for investigating and controlling fraud and abuse of the medical programs of the state Department of Health and Human Resources which have been established pursuant to §9-4-2 of this code: Provided, That effective October 1, 2019, the Medicaid Fraud Control Unit shall be transferred to the Office of the Attorney General pursuant to subsection (c) of this section. It is the finding of the Legislature that substantial sums of money have been lost to the state and federal government in the operation of the medical programs of the state due to the overpayment of moneys to medical providers. Such overpayments have been the result of both the abuse of and fraud in the reimbursement process.(b) The Medicaid Fraud Control Unit shall have the following powers and duties:(1) The investigation and referral for prosecution of all violations of applicable state and federal laws pertaining to the provision of goods or services under the medical programs of the state including the Medicaid program.(2) The investigation of abuse, neglect, or financial exploitation of residents in board and care facilities and patients in health care facilities which receive payments under the medical programs of the state.(3) To cooperate with the federal government in all programs designed to detect and deter fraud and abuse in the medical programs of the state.(4) To employ and train personnel to achieve the purposes of this article and to employ legal counsel, investigators, auditors, and clerical support personnel and such other personnel as are deemed necessary from time to time to accomplish the purposes herein.(c) Effective October 1, 2019, the Medicaid Fraud Control Unit shall be transferred to the Office of the Attorney General. All rights, responsibilities, powers, and duties of the unit shall be transferred to the Office of the Attorney General, including the administration and authority of the Medicaid Fraud Control Fund. All employees of the Medicaid Fraud Control Unit shall be transferred to and become employees of the Office of the Attorney General at their existing hourly rate or salary and with all accrued benefits. The Medicaid Fraud Control Units authorities, powers, and duties shall remain unchanged by this subsection. (d) On or before December 31, 2022, the Legislative Auditor shall study and report to the Joint Committee on Government and Finance on the performance of the Medicaid Fraud Control Unit within the Office of the Attorney General during the previous three years compared to the performance of the unit while it was established within the Department of Health and Human Resources.
WV Code § 9-7-2 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 7. Fraud and Abuse in the Medicaid Program|§9-7-2. Definitions

For the purposes of this article:“Assistance” means money payments, medical care, transportation and other goods and services necessary for the health or welfare of individuals, including guidance, counseling, and other welfare services and shall include all items of any nature contained within the definition of “welfare assistance” in §9-1-2 of this code.“Benefits” means money payments, goods, services, or any other thing of value.“Board and Care Facility” means a residential setting where two or more unrelated adults receive nursing services or personal care services.“Claim” means an application for payment for goods or services provided under the medical programs of the Department of Health and Human Resources.“Entity” means any corporation, association, partnership, limited liability company, or other legal entity.“Financial Exploitation” means the intentional misappropriation or misuse of funds or assets of another.“Fraud” means a knowing misrepresentation, knowing concealment, or reckless statement of a material fact.“Medicaid” means that assistance provided under a state plan implemented pursuant to the provisions of subchapter nineteen, chapter seven, Title 42, United States Code, as that chapter has been and may hereafter be amended.“Person” means any individual, corporation, association, partnership, proprietor, agent, assignee, or entity.“Provider” means any individual or entity furnishing goods or services under the medical programs of the Department of Health and Human Resources.“Unit” means the Medicaid Fraud Control Unit established under §9-7-1 of this code.
WV Code § 9-7-3a (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 7. Fraud and Abuse in the Medicaid Program|§9-7-3a. Agency Lawyers Assisting Prosecutors

Attorneys employed and assigned to the Medicaid Fraud Control Unit created by the provisions of section one of this article may assist in the prosecution of criminal violations of this article.
WV Code § 9-7-4 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 7. Fraud and Abuse in the Medicaid Program|§9-7-4. Applications for Medical Assistance; False Statements or Representations; Criminal Penalties

(a) A person shall not knowingly make or cause to be made a false statement or false representation of any material fact in an application for medical assistance under the medical programs of the Department of Health and Human Resources.(b) A person shall not knowingly make or cause to be made a false statement or false representation of any material fact necessary to determine the rights of any other person to medical assistance under the medical programs of the Department of Health and Human Resources.(c) A person shall not knowingly and intentionally conceal or fail to disclose any fact with the intent to obtain medical assistance under the medical programs of the Department of Health and Human Resources to which the person or any other person is not entitled.(d) Any person found to be in violation of subsection (a), (b) or (c) of this section is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility not less than one nor more than ten years, or shall be fined not to exceed $10,000 or both fined and imprisoned.
WV Code § 9-7-5 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 7. Fraud and Abuse in the Medicaid Program|§9-7-5. Bribery; False Claims; Conspiracy; Criminal Penalties; Failure to Maintain Records

(a) A person shall not solicit, offer, pay, or receive any unlawful remuneration, including any kickback, rebate or bribe, directly or indirectly, with the intent of causing an expenditure of moneys from the medical services fund established pursuant to §9-4-2 of this code, which is not authorized by applicable laws or rules and regulations.(b) A person shall not make or present or cause to be made or presented to the Department of Health and Human Resources a claim under the medical programs of the Department of Health and Human Resources knowing the claim to be false, fraudulent, or fictitious.(c) A person shall not enter into an agreement, combination or conspiracy to obtain or aid another to obtain the payment or allowance of a false, fraudulent, or fictitious claim under the medical programs of the Department of Health and Human Resources.(d) Any person found to be in violation of §9-7-5(a), §9-7-5(b) or §9-7-5(c) of this code is guilty of a felony and, upon conviction, shall be imprisoned in a state correctional facility not less than one nor more than 10 years or shall be fined not to exceed $10,000, or both fined and imprisoned.(e) Any provider who, having submitted a claim for or received a benefit, payment, or allowance under the medical programs of the Department of Health and Human Resources, knowingly fails to maintain such records as are necessary to disclose fully the nature of a good or service for which a claim was submitted or benefit, payment, or allowance was received, or such records as are necessary to disclose fully all income and expenditures upon which rate of payment were based, for a period of at least five years following the date on which payment was received, shall be guilty of a misdemeanor and, upon conviction, may be imprisoned in a state correctional facility not to exceed one year or may be fined up to $1,000, or both fined and imprisoned. Any person who knowingly destroys such records within five years from the date the benefit, payment, or allowance was received, shall be guilty of a felony, and may be imprisoned in a state correctional facility not less than one nor more than 10 years or may be fined not to exceed $10,000, or both fined and imprisoned.
WV Code § 9-7-5a (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 7. Fraud and Abuse in the Medicaid Program|§9-7-5a. Venue for Criminal Offenses

In addition to other venues permitted by state law, a criminal prosecution under section five of this article may be commenced in the circuit court of Kanawha County or of any county in which: (a) The defendant is conducting business; or(b) Any of the conduct constituting a violation of any provision of this article has occurred.
WV Code § 9-7-6 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 7. Fraud and Abuse in the Medicaid Program|§9-7-6. Civil Remedies; Statute of Limitations

(a) Any person, firm, corporation, or other entity which makes or attempts to make, or causes to be made, a claim for benefits, payments, or allowances under the medical programs of the Department of Health and Human Resources, when the person, firm, corporation, or entity knows, or reasonably should have known, such claim to be false, fictitious, or fraudulent, or fails to maintain such records as are necessary shall be liable to the Department of Health and Human Resources in an amount equal to three times the amount of such benefits, payments, or allowances to which he or she or it is not entitled, and shall be liable for the payment of reasonable attorney fees and all other fees and costs of litigation.(b) No criminal action or indictment need be brought against any person, firm, corporation, or other entity as a condition for establishing civil liability hereunder.(c) A civil action under this section may be prosecuted and maintained on behalf of the Department of Health and Human Resources by the Attorney General, the Attorney Generals assistants, or by any attorney in contract with or employed with the Office of the Attorney General to provide such representation. If the Attorney General declines to do so, the civil action shall be maintained either by a prosecuting attorney and the prosecuting attorneys assistants or by any attorney in contract with or employed by the Department of Health and Human Resources to provide such representation.(d) Any civil action brought under this section shall be brought within five years from the time the false, fraudulent, or fictitious claim was made. Claims will be judged based on the Medicaid or program rules in existence at the time of the claim submission.
WV Code § 9-7-6a (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 7. Fraud and Abuse in the Medicaid Program|§9-7-6a. Liability of Employees of the Department of Health and Human Resources; Office of the Attorney General

There shall be no civil liability on the part of, and no cause of action shall arise against the Department of Health and Human Resources, the Office of the Attorney General, or employees or agents of the aforementioned for any action taken by them in good faith and in the lawful performance of their powers and duties under this article.