reglab/housing_qa huggingface dataset:
WV Code § 16-5C-18 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5C. Nursing Homes|§16-5C-18. Separate Accounts for Residents" Personal Funds; Consent for Use; Records; Penalties

(a) Each nursing home subject to the provisions of this article shall hold in a separate account and in trust each residents personal funds deposited with the nursing home.(b) No person may use or cause to be used for any purpose the personal funds of any resident admitted to any such nursing home unless consent for the use thereof has been obtained from the resident or from a committee or guardian or relative.(c) Each nursing home shall maintain a true and complete record of all receipts for any disbursements from the personal funds account of each resident in the nursing home, including the purpose and payee of each disbursement, and shall render a true account of such record to the resident or his or her representative upon demand and upon termination of the residents stay in the nursing home.(d) Any person or corporation who violates any subsection of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned in jail not more than one year, or both fined and imprisoned.(e) Reports provided to review organizations are confidential unless inaccessibility of information interferes with the secretarys ability to perform his or her oversight function as mandated by federal regulations and this section.(f) Notwithstanding §16-5C-18(b) of this code or any other provision of this code, upon the death of a resident, any funds remaining in his or her personal account shall be made payable to the person or probate jurisdiction administering the estate of said resident: Provided, That if after 30 days there has been no qualification over the decedent residents estate, those funds are presumed abandoned and are reportable to the State Treasurer pursuant to the West Virginia Uniform Unclaimed Property Act, §36-8-1 et seq. of this code.
WV Code § 16-5C-19 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5C. Nursing Homes|§16-5C-19. Federal Law; Legislative Rules

Notwithstanding any provision in this code to the contrary, the department shall promulgate legislative rules, in compliance with the provisions of article three, chapter twenty-nine-a of this code, pertaining to nursing homes, when those rules are required for compliance with federal law or regulations. The rules may be filed as emergency rules.
WV Code § 16-5C-20 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5C. Nursing Homes|§16-5C-20. Hospice Palliative Care Required to Be Offered

(a) When the health status of a nursing home facility resident declines to the state of terminal illness or when the resident receives a physicians order for "comfort measures only", the facility shall notify the resident with information about the option of receiving hospice palliative care. If a nursing home resident is incapacitated, the facility shall also notify any person who has been given the authority of guardian, a medical power of attorney, or health care surrogate over the resident, information stating that the resident has the option of receiving hospice palliative care.(b) The facility shall document that it has notified the resident, and any person who has been given a medical power of attorney or health care surrogate over the resident, information about the option of hospice palliative care and maintain the documentation so that the secretary may inspect the documentation, to verify the facility has complied with this section.
WV Code § 16-5C-21 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5C. Nursing Homes|§16-5C-21. Employment Restrictions

All personnel of a nursing home by virtue of ownership, employment, engagement, or agreement with a provider or contractor shall be subject to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act, §16-49-1 et seq. of this code and the rules promulgated pursuant thereto.
WV Code § 16-5C-22 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5C. Nursing Homes|§16-5C-22. Jury Trial Waiver to Be a Separate Document

(a) Every written agreement containing a waiver of a right to a trial by jury that is entered into between a nursing home and a person for the nursing care of a resident, must have as a separate and stand alone document any waiver of a right to a trial by jury.(b) Nothing in this section may be construed to require a court of competent jurisdiction to determine that the entire agreement or any portion thereof is enforceable, unenforceable, conscionable, or unconscionable.
WV Code § 16-5D-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5D. Assisted Living Residences|§16-5D-1. Purpose

(a) It is the policy of this state to encourage and promote the development and utilization of resources to ensure the effective care and treatment of persons who are dependent upon the services of others by reason of physical or mental impairment who may require limited and intermittent nursing care, including those individuals who qualify for and are receiving services coordinated by a licensed hospice. Such care and treatment requires a living environment for such persons which, to the extent practicable, will approximate a normal home environment. To this end, the guiding principle for administration of the laws of the state is that such persons shall be encouraged and assisted in securing necessary care and treatment in noninstitutional surroundings.(b) In recognition that for many such persons effective care and treatment can only be secured from proprietary, voluntary and governmental assisted living residences, it is the policy of this state to encourage, promote and require the maintenance of assisted living residences so as to ensure protection of the rights and dignity of those using the services of assisted living residences.(c) The provisions of this article are hereby declared to be remedial and shall be liberally construed to effectuate its purposes and intents.
WV Code § 16-5D-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5D. Assisted Living Residences|§16-5D-4. Administrative and Inspection Staff

The secretary may, as he or she determines necessary, employ administrative employees, inspectors, or other persons as may be necessary to properly carry out the provisions of this article. All employees of the division will be members of the state civil service system. Inspectors and other employees as may be duly designated by the secretary will act as the secretary’s representatives and, under the direction of the secretary, will enforce the provisions of this article and all duly promulgated rules of the secretary and, in the discharge of official duties, will have the right of entry into any place maintained as an assisted living residence at any time.
WV Code § 16-5D-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5D. Assisted Living Residences|§16-5D-7. Cost Disclosure; Surety for Residents’ Funds

(a) Each assisted living residence shall disclose in writing to all prospective residents a complete and accurate list of all costs which may be incurred by them. Residents are not liable for any cost not so disclosed.(b) If the assisted living residence handles any money for residents within the assisted living residence, the licensee or his or her authorized representative shall give a bond in an amount consistent with this subsection and with such surety as the secretary will approve. The bond shall be upon condition that the licensee shall hold separately and in trust all residents’ funds deposited with the licensee, shall administer the funds on behalf of the resident in the manner directed by the depositor, shall render a true and complete account to the depositor and the secretary when requested, and at least quarterly to the resident, and upon termination of the deposit, shall account for all funds received, expended, and held on hand. The licensee shall file a bond in a sum to be fixed by the secretary based upon the magnitude of the operations of the applicant, but which sum may not be less than $2,500.(c) Every person injured as a result of any improper or unlawful handling of the money of a resident of an assisted living residence may bring an action in a proper court on the bond required to be posted by the licensee pursuant to this subsection for the amount of damage suffered as a result thereof to the extent covered by the bond. Whenever the secretary determines that the amount of any bond which is filed pursuant to this subsection is insufficient to adequately protect the money of residents which is being handled, or whenever the amount of any bond is impaired by any recovery against the bond, the secretary may require the licensee to file an additional bond in such amount as necessary to adequately protect the money of residents being handled.(d) The provisions of §16-5D-7(b) of this code do not apply if the licensee handles less than $25 per resident and less than $500 for all residents in any month.
WV Code § 16-5D-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5D. Assisted Living Residences|§16-5D-8. Investigation of Complaints

(a) The secretary will establish, by rule, procedures for prompt investigation of all complaints of alleged violations by assisted living residences of applicable requirements of state law or rules, except for such complaints that the secretary determines are willfully intended to harass a licensee or are without any reasonable basis. Such procedures will include provisions for ensuring the confidentiality of the complainant and of any other person so named in the complaint and for promptly informing the complainant and the assisted living residence involved of the results of the investigation.(b) If, after its investigation, the secretary determines that the complaint has merit, the secretary will take appropriate disciplinary action and will advise any injured party of the possibility of a civil remedy under this article.(c) No assisted living residence may discharge or in any manner discriminate against any resident or employee for the reason that the resident or employee has filed a complaint or participated in any proceeding specified in this article. Violation of this prohibition by any assisted living residence constitutes grounds for the suspension or revocation of the license of the assisted living residence as provided in §16-5D-11 and §16-5D-12 of this code. Any type of discriminatory treatment of a resident or employee by whom, or upon whose behalf, a complaint has been submitted to the secretary, or any proceeding instituted under this article, within 120 days of the filing of the complaint or the institution of the action, shall raise a rebuttable presumption that the action was taken by the assisted living residence in retaliation for the complaint or action.
WV Code § 16-5D-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5D. Assisted Living Residences|§16-5D-9. Inspections

(a) The secretary and any duly designated employee or agent thereof will have the right to enter upon and into the premises of any assisted living residence at any time for which a license has been issued, for which an application for license has been filed with the secretary, or which the secretary has reason to believe is being operated or maintained as an assisted living residence without a license. If entry is refused by the owner or person in charge of the assisted living residence, the secretary will apply to the circuit court of the county in which the assisted living residence is located or the Circuit Court of Kanawha County for an administrative inspection warrant.(b) The secretary, by the secretary’s authorized employees or agents, will conduct at least one inspection prior to issuance of a license pursuant to §16-5D-6 of this code and will conduct periodic unannounced inspections thereafter to determine compliance by the assisted living residence with applicable statutes and rules promulgated thereunder. All assisted living residences shall comply with rules of the State Fire Commission. The State Fire Marshal, by his or her employees or authorized agents, shall make all fire, safety, and like inspections. The secretary may provide for such other inspections as the secretary may deem necessary to carry out the intent and purpose of this article. If after investigating a complaint the secretary determines that the complaint is substantiated and that an immediate and serious threat to a resident’s health or safety exists, the secretary may invoke any remedies available pursuant to §16-5D-11 and §16-5D-12 of this code. Any assisted living residence aggrieved by a determination or assessment made pursuant to this section shall have the right to an administrative appeal as set forth in §16-5D-12 of this code.
WV Code § 16-5D-13 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5D. Assisted Living Residences|§16-5D-13. Judicial Review

(a) Any applicant or licensee or the secretary who is adversely affected by the decision as a result of the formal hearing provided for in §16-5D-12 of this code may, within 30 days after receiving notice of the decision, petition the Circuit Court of Kanawha County, in term or in vacation, for judicial review of the decision.(b) The court may affirm, modify, or reverse the decision of the Board of Review and either the applicant, licensee, or the secretary may appeal from the court’s decision to the Supreme Court of Appeals.(c) The judgment of the circuit court shall be final unless reversed, vacated, or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of §29A-6-1 et seq. of this code.
WV Code § 16-5D-14 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5D. Assisted Living Residences|§16-5D-14. Legal Counsel and Services for the Secretary

(a) Legal counsel and services for the secretary in all administrative hearings and all proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General, his or her assistants or an attorney employed by the secretary in proceedings in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.(b) The Governor may appoint counsel for the secretary who shall perform such legal services in representing the interests of residents in assisted living residences in matters under the jurisdiction of the secretary as the Governor shall direct. It shall be the duty of such counsel to appear for the residents in all cases where they are not represented by counsel. The compensation of such counsel shall be fixed by the Governor.
WV Code § 16-5D-18 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5D. Assisted Living Residences|§16-5D-18. Separate Accounts for Residents' Personal Funds; Consent for Use; Records; Penalties

(a) Each assisted living residence subject to the provisions of this article shall hold in a separate account and in trust each resident's personal funds deposited with the assisted living residence.(b) No person may use or cause to be used for any purpose the personal funds of any resident admitted to any assisted living residence unless consent for the use thereof has been obtained from the resident or from a committee or guardian or relative.(c) Each assisted living residence shall maintain a true and complete record of all receipts for any disbursements from the personal funds account of each resident in the assisted living residence, including the purpose and payee of each disbursement, and shall render a true account of the record to the resident or his or her representative upon demand and upon termination of the resident's stay in the assisted living residence.(d) Any person or corporation who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both fined and imprisoned.
WV Code § 16-5E-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes|§16-5E-1. Purpose

It is the policy of this state to encourage the availability of appropriate noninstitutional surroundings for the elderly and for the care of persons in need limited and intermittent of nursing care or personal assistance. The registration of providers of services to such residents in unlicensed homes will help to identify where the services are available and to ensure that individuals in unlicensed homes are receiving care appropriate to their needs.
WV Code § 16-5E-1a (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes|§16-5E-1a. Powers, Rights and Duties of the Director

In the administration of this article, the director shall have the following powers, duties and rights:(a) To promulgate and enforce rules governing complaint investigations within the homes of legally unlicensed health care providers registered under this article. Such rules shall include the minimum health, safety and welfare standards in the following areas:(1) Physical environment;(2) Nutrition;(3) Requirements related to limited and intermittent nursing care;(4) Medication administration;(5) Protective and personal services to be provided;(6) Treatment;(7) Visitation privileges governing access to a resident by immediate family or other relatives of the resident and by other persons who are visiting with the consent of the resident;(8) Such other categories as the director determines to be appropriate to ensure residents' health, safety and welfare.(b) To exercise as sole authority all powers relating to issuance, suspension and revocation of registration of legally unlicensed homes providing health care;(c) To issue directed plans of correction for deficiencies identified during complaint investigations;(d) To order closure of any home for failure to comply with a directed plan of corrections;(e) To take all actions required under the provisions of sections three, four, five and six of this article; and(f) To deny registration to any operator of a legally unlicensed home who is listed on the state abuse registry.
WV Code § 16-5E-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes|§16-5E-3. Registration of Service Providers Required; Form of Registration; Information to Be Provided

(a) Service providers shall register with the director. No fee may be charged for registration. Registration information shall be provided on a registration form or may be verbally communicated to the director for placement by the director on the form, but no provision of information may be deemed to meet the registration requirement until the signature of the service provider is recorded on the registration form.(b) Information required for registration shall include the following:(1) Name, address and telephone number of the service provider;(2) Address and telephone numbers where services are provided to residents and the number of residents provided service;(3) The services, such as nursing care or personal assistance, provided to residents; and(4) Other information required by rules promulgated by the director.(c) The director may deny registration if the information provided in an application is known by the applicant to be false or the applicant fails to report required information.(d) A legally unlicensed provider may operate no more than one legally unlicensed home.
WV Code § 16-5E-3a (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes|§16-5E-3a. Exemption for the United States Department of Veterans Affairs Medical Foster Homes; Reporting

(a) The provisions of this article do not apply to any home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a Medical Foster Home, pursuant to 38 CFR 17.73, in which care is provided exclusively to three or fewer veterans. (b) The West Virginia Department of Veterans Affairs shall report annually by December 1, to the Governor, outlining the scope and effectiveness of the Medical Foster Home Program for veterans in West Virginia.
WV Code § 16-5E-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes|§16-5E-4. Public Availability of Registry

The director shall publish and make available to the public on an annual basis a list of service providers registered in accordance with section three of this article.
WV Code § 16-5E-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes|§16-5E-5. Inspections; Right of Entry

The director may employ inspectors to enforce the provisions of this article. These inspectors shall have the right of entry into any place where services are provided by a service provider, to determine the number of residents therein and the adequacy of services being provided to them. The director may obtain a search warrant to inspect those premises that the director has reason to believe are being used to provide services. The inspectors shall have access to all parts of the home and grounds, including, but not limited to, all areas of all buildings on the grounds of a home, food supplies, resident medications and resident medical records. Inspectors shall also be permitted to conduct private interviews with all residents and staff of a home.If after investigating a complaint, the director determines that the complaint is substantiated and that an immediate and serious threat to a resident's health or safety exists, the director may petition the circuit court for an injunction, order of abatement or other appropriate action or proceeding to: (1) Close the home; (2) transfer residents in the home to other facilities; or (3) appoint temporary management to oversee the operation of the home to assure the health, safety, welfare and rights of the home's residents where there is a need for temporary management to ensure compliance with the court's order. Any home aggrieved by a determination or assessment made pursuant to this section shall have the right to an administrative appeal as set forth in section twelve, article five-c of this chapter.