reglab/housing_qa huggingface dataset:
WV Code § 16-5X-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5X. Caregiver Advise, Record and Enable Act|§16-5X-3. Notification

If a patient has designated a lay caregiver, a hospital shall notify the patient's designated lay caregiver of the patient's discharge to the patient's residence as soon as possible. If the hospital is unable to contact the designated lay caregiver, the lack of contact may not interfere with, delay or otherwise affect the medical care provided to the patient, or an appropriate discharge of the patient. The hospital shall promptly document that in the patient's medical record, and the hospital is considered to have complied with the provisions of this section.
WV Code § 16-5X-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5X. Caregiver Advise, Record and Enable Act|§16-5X-4. Discharge

(a) As soon as possible and, in any event, upon issuance of a discharge order by the patient's attending physician, the hospital shall consult with the designated lay caregiver along with the patient regarding the lay caregiver's capabilities and limitations and issue a discharge plan that describes a patient's after-care needs at his or her residence. At minimum, a discharge plan shall include:(1) The name and contact information of the lay caregiver designated under this article;(2) A description of all after-care tasks necessary to maintain the patient's ability to reside at home, taking into account the capabilities and limitations of the lay caregiver; and(3) Contact information for any health care, community resources and long-term services and supports necessary to successfully carry out the patient's discharge plan.(b) The hospital issuing the discharge plan shall provide the lay caregiver with instruction in all after-care tasks described in the discharge plan. At minimum, the instruction shall include:(1) Education and instruction of the lay caregiver by a hospital employee or individual with whom the hospital has a contractual relationship authorized to perform the after care task in a manner that is consistent with current accepted practices and is based on an assessment of the lay caregiver's learning needs;(2) An opportunity for the lay caregiver and patient to ask questions about the after-care tasks; and(3) Answers to the lay caregiver's and patient's questions provided in a competent manner and in accordance with the hospital's requirements to provide language access services under state and federal law.(c) Any instruction required under this article shall be documented in the patient's medical record, including, at minimum, the date, time, and contents of the instruction.
WV Code § 16-5X-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5X. Caregiver Advise, Record and Enable Act|§16-5X-5. Exceptions and Immunity

(a) This article may not be construed to interfere with the rights of a person legally authorized to make health care decisions as provided in article thirty, chapter sixteen of this code.(b) Nothing in this act shall be construed to create a private right of action against a hospital, hospital employee, a duly authorized agent of the hospital or any consultants or contractors with whom the hospital has a contractual relationship.(c) A hospital, a hospital employee or any consultants or contractors with whom a hospital has a contractual relationship shall not be held liable in any way for services rendered or not rendered by the lay caregiver.
WV Code § 16-5X-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5X. Caregiver Advise, Record and Enable Act|§16-5X-6. Funding

State or federal dollars may not be used for payment to any lay caregiver as defined in this article after discharge from a hospital. No state or federal program funding shall be impacted by this article.
WV Code § 16-5Y-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Y. Medication-Assisted Treatment Program Licensing Act|§16-5Y-1. Purpose

The purpose of this act is to establish licensing and registration requirements for facilities and physicians that treat patients with substance use disorders to ensure that patients may be lawfully treated by the use of medication and drug screens, in combination with counseling and behavioral therapies, to provide a holistic approach to the treatment of substance use disorders and comply with oversight requirements developed by the Department of Health and Human Resources. The Legislature recognizes the problem of substance use disorders in West Virginia and the need for quality, safe treatment of substance use disorders to adequately protect the people of West Virginia.
WV Code § 16-5Y-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Y. Medication-Assisted Treatment Program Licensing Act|§16-5Y-6. Restrictions; Variances and Waivers

(a) A medication-assisted treatment program shall not be located, operated, managed or owned at the same location where a chronic pain management clinic licensed and defined in article five-h, chapter sixteen of this code is located.(b) Medication-assisted treatment programs shall not have procedures for offering a bounty, monetary, equipment, or merchandise reward, or free services for individuals in exchange for recruitment of new patients into the facility.(c) Medication-assisted treatment programs shall not be located within one-half mile of a public or private licensed day care center or public or private K-12 school.Existing medication-assisted treatment programs, including both opioid treatment programs and office based medication-assisted treatment programs that are located within one-half mile of a public or private licensed day care center or public or private K-12 school, shall be granted a variance, provided that the facility demonstrates adequate patient population controls and that it may otherwise meet the requirements of this article and the rules promulgated pursuant to this article.(d) The secretary may grant a waiver or a variance from any licensure or registration standard, or portion thereof, for the period during which the license or registration is in effect.(1) Requests for waivers or variances of licensure or registration standards shall be in writing to the secretary and shall include:(A) The specific section of this article or rules promulgated pursuant to this article for which a waiver or variance is sought;(B) The rationale for requesting the waiver or variance;(C) Documentation by the medication-assisted treatment program’s medical director to the secretary that describes how the program will maintain the quality of services and patient safety if the wavier or variance is granted; and(D) The consequences of not receiving approval of the requested wavier or variance.(2) The secretary shall issue a written statement to the medication-assisted treatment program granting or denying a request for a waiver or variance of program licensure or registration standards.(3) The medication-assisted treatment program shall maintain a file copy of all requests for waivers or variances and the approval or denial of the requests for the period during which the license or registration is in effect.(4) The Office of Health Facility Licensure and Certification shall inspect each medication-assisted treatment program prior to a waiver or variance being granted, including a review of patient records, to ensure and verify that any waiver or variance request meets the spirit and purpose of this article and the rules promulgated pursuant to this article. The Office of Health Facility Licensure and Certification may verify, by unannounced inspection, that the medication-assisted treatment program is in compliance with any waiver or variance granted by the secretary for the duration of such waiver or variance.
WV Code § 16-5Y-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Y. Medication-Assisted Treatment Program Licensing Act|§16-5Y-7. Inspection; Inspection Warrant

(a) The Office of Health Facility Licensure and Certification shall inspect each opioid treatment program annually, including a review of the patient records, to ensure that the program complies with this article and the applicable rules. A pharmacist, employed or contracted by the secretary, licensed in this state, and a law-enforcement officer may be present at each inspection.(b) The Office of Health Facility Licensure and Certification shall perform unannounced complaint and verification inspections at office based medication-assisted treatment programs, including a review of the patient records, to ensure that the program complies with this article and the applicable rules. A pharmacist, employed or contracted by the secretary, licensed in this state and a law-enforcement officer may be present at each inspection.(c) During an onsite inspection, the inspectors shall make a reasonable attempt to discuss each violation with the medical director or other owners of the medication-assisted treatment program before issuing a formal written notification.(d) Any action taken to correct a violation shall be documented in writing by the medical director or other owners of the medication-assisted treatment program and may be verified by follow-up visits by the Office of Health Facility Licensure and Certification.(e) Notwithstanding the existence or pursuit of any other remedy, the secretary may, in the manner provided by law, maintain an action in the name of the state for an inspection warrant against any person, partnership, association or corporation to allow any inspection or seizure of records in order to complete any inspection allowed by this article or the rules promulgated pursuant to this article, or to meet any other purpose of this article or the rules promulgated pursuant to this article.(f) When possible, inspections for annual certification and licensure by the medication-assisted treatment programs will be done consecutively or concurrently. However, this provision does not limit the ability to conduct unannounced inspections pursuant to a complaint.
WV Code § 16-5Y-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Y. Medication-Assisted Treatment Program Licensing Act|§16-5Y-10. Advertisement Disclosure

Any advertisement made by or on behalf of a medication-assisted treatment program through public media, such as a telephone directory, medical directory, newspaper or other periodical, outdoor advertising, radio or television, or through written or recorded communication, concerning the treatment of substance use disorders, as defined in section two of this article, shall include the name of, at a minimum, the medical director responsible for the content of the advertisement.
WV Code § 16-5Y-11 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Y. Medication-Assisted Treatment Program Licensing Act|§16-5Y-11. State Opioid Treatment Authority

(a) Prior to establishing, operating, maintaining or advertising a medication-assisted treatment program within this state, a medication-assisted treatment program shall be approved by the state opioid treatment authority for operation of a medication-assisted treatment program in this state.(b) The state opioid treatment authority shall act as the state’s coordinator for the development and monitoring of medication-assisted treatment programs and it shall serve as a liaison with the appropriate federal agencies.(c) The designated state oversight agency is responsible for licensing, monitoring and investigating complaints and grievances regarding medication-assisted treatment programs.(d) The powers and duties of the state opioid treatment authority include, but are not limited to, the following:(1) Facilitate the development and implementation of rules, regulations, standards and best practice guidelines to ensure the quality of services delivered by medication-assisted treatment programs;(2) Act as a liaison between relevant state and federal agencies;(3) Review medication-assisted treatment guidelines, rules, regulations and recovery models for individualized treatment plans of care developed by the federal government and other nationally recognized authorities approved by the secretary;(4) Ensure delivery of technical assistance and informational materials to medication-assisted treatment programs as needed;(5) Perform both scheduled and unscheduled site visits to medication-assisted treatment programs in cooperation with the identified state oversight agency when necessary and appropriate;(6) Consult with the federal government regarding approval or disapproval of requests for exceptions to federal regulations, where appropriate;(7) Review and approve exceptions to federal and state dosage policies and procedures;(8) Receive and refer patient appeals and grievances to the designated state oversight agency when appropriate; and(9) Work cooperatively with other relevant state agencies to determine the services needed and the location of a proposed medication-assisted treatment program.
WV Code § 16-5Y-12 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Y. Medication-Assisted Treatment Program Licensing Act|§16-5Y-12. Moratorium; Certificate of Need

There is a moratorium on the licensure of new opioid treatment programs which do not have a certificate of need as of the effective date of the enactment of this section during the 2016 regular session of the Legislature which shall continue until the Legislature determines that there is a necessity for additional opioid treatment programs in West Virginia.
WV Code § 16-5Y-13 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Y. Medication-Assisted Treatment Program Licensing Act|§16-5Y-13. Rules; Minimum Standards for Medication-Assisted Treatment Programs

(a) The secretary shall promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code for the licensure of medication-assisted treatment programs to ensure adequate care, treatment, health, safety, welfare and comfort of patients at these facilities. These rules shall include, at a minimum:(1) The process to be followed by applicants seeking a license;(2) The qualifications and supervision of licensed and nonlicensed personnel at medication-assisted treatment programs and training requirements for all facility health care practitioners who are not regulated by another board;(3) The provision and coordination of patient care, including the development of a written plan of care and patient contract;(4) The management, operation, staffing and equipping of the medication-assisted treatment program;(5) The clinical, medical, patient and business records kept by the medication-assisted treatment program;(6) The procedures for inspections and for review of utilization and quality of patient care;(7) The standards and procedures for the general operation of a medication-assisted treatment program, including facility operations, physical operations, infection control requirements, health and safety requirements and quality assurance;(8) Identification of drugs that may be used to treat substance use disorders that identify a facility as a medication-assisted treatment program;(9) Any other criteria that identify a facility as a medication-assisted treatment program;(10) The standards and procedures to be followed by an owner in providing supervision, direction and control of individuals employed by or associated with a medication-assisted treatment program;(11) Data collection and reporting requirements; (12) Criteria and requirements related to specific medication-assisted treatment medications; and(13) Such other standards or requirements as the secretary determines are appropriate.(b) The Legislature finds that an emergency exists and, therefore, the secretary shall file an emergency rule to implement the provisions of this section pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code.
WV Code § 16-5Z-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Z. Coalition for Diabetes Management|§16-5Z-1. Creation of the Coalition for Diabetes Management

There is created the Coalition for Diabetes Management. The administrative functions of the coalition shall be the responsibility of staff assigned to the Joint Committee on Health to be in the best interest of the state and its citizens.
WV Code § 16-5Z-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Z. Coalition for Diabetes Management|§16-5Z-2. Members of the Coalition for Diabetes Management

The Coalition for Diabetes Management shall consist of the following members:(1) The Dean of the School of Public Health at West Virginia University, or his or her designee, who shall serve as chair of the coalition.(2) Four physicians licensed to practice in this state pursuant to article three or fourteen, chapter thirty of this code who shall be appointed by the President of the Senate and the Speaker of the House of Delegates in consultation with the cochairs of the Joint Committee on Health. These physicians shall be board-certified endocrinologists.(3) A primary care physician licensed to practice in this state pursuant to article three or fourteen, chapter thirty of this code who shall be appointed by the President of the Senate and the Speaker of the House of Delegates in consultation with the cochairs of the Joint Committee on Health.(4) A pediatric physician licensed to practice in this state pursuant to article three or fourteen, chapter thirty of this code who shall be appointed by the President of the Senate and the Speaker of the House of Delegates in consultation with the cochairs of the Joint Committee on Health.(5) A pharmacist licensed to practice in this state pursuant to article five, chapter thirty of this code. Preference shall be given to a pharmacist who is certified as a diabetes educator.(6) A dietitian licensed or registered to practice in this state pursuant to article thirty-five, chapter thirty of this code who is also a diabetic educator who shall be appointed by the President of the Senate and the Speaker of the House of Delegates in consultation with the cochairs of the Joint Committee on Health.(7) There shall be equal distribution of the membership of the coalition among the congressional districts of this state and each congressional district shall be represented in the membership of the coalition.(8) The cochairs of the Joint Committee on Health serve as nonvoting members, ex-officio.
WV Code § 16-5Z-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Z. Coalition for Diabetes Management|§16-5Z-3. Powers and Duties of the Coalition

(a) The Coalition for Diabetes Management shall:(1) Meet at least quarterly or at the call of the chairman. A quorum is a simple majority of the coalition;(2) Keep accurate records of the actions of the coalition; and(3) Make recommendations to the Legislature as required by this article.(b) At a minimum, the coalition shall:(1) Provide guidance to the Legislature on potential statutory solutions relative to regulation of diabetes;(2) Consult with a quality improvement organization;(3) Establish workgroups and clinical advisory committees as the coalition deems necessary to address pertinent issues related to diabetes management and to provide consistency in the development of further regulation;(4) Consult with entities and persons with a particular expertise as the coalition deems necessary in the fulfillment of their duties. This can include public and private sector partnerships; and(5) Offer any additional guidance to the Legislature which the coalition sees is within its scope which would further enhance the provider patient relationship in the effective treatment and management of diabetes.(c) The coalition shall report its findings to the Joint Committee on Health by December 31, 2017, and annually after that until the coalition terminates pursuant to the provisions of this article. The report shall include, at a minimum, the following:(1) Conclusions and recommendations to promote a better means for management of diabetes;(2) Recommendations for statutory and regulatory modifications;(3) Identification of any action which may be taken by the Legislature to better foster awareness of the plight of diabetes in this state;(4) A means to raise diabetes awareness; and(5) Any other ancillary issues relative to diabetes management
WV Code § 16-5Z-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Z. Coalition for Diabetes Management|§16-5Z-4. Cooperation With the Coalition

(a) The Department of Health and Human Resources, the West Virginia Insurance Commission, the Health Care Authority, the Public Employees Insurance Agency and any other entity of state government shall cooperate with the coalition in the exchange of data, information and expertise if so requested by the coalition, including, but not limited to: (1) Providing the entity’s plans to improve diabetes care and control complications associated with diabetes in West Virginia; (2) The financial impact of diabetes on the State of West Virginia; (3) The number of lives impacted with diabetes; (4) The number of lives with diabetes and family members impacted by prevention and diabetes control programs implemented by the entity; (5) An assessment of the benefits of implemented programs and activities aimed at controlling diabetes and preventing the disease; (6) The development or revision of detailed action plans to reduce the impact of diabetes, pre-diabetes and related diabetes complications, including a budget identifying needs and costs; and(7) Resources required to implement the plan.(b) No entity of state government is required to produce or prepare any plan or document at the request of the coalition which they do not currently maintain or which is not readily available from their existing resources.
WV Code § 16-5Z-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5Z. Coalition for Diabetes Management|§16-5Z-5. Sunset

The coalition terminates on December 31, 2020, unless continued by act of the Legislature.
WV Code § 16-5AA-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5AA. Medication Administration by Unlicensed Personnel in Nursing Homes|§16-5AA-2. Administration of Medications

(a) The authorizing agency shall create a program for the administration of medications in nursing homes. (b) Administration of medication shall be performed by an approved medication assistive personnel (AMAP) who has been trained and retrained every two years, passed a national medication aide certification examination, and who is subject to the supervision of, and approval by, an authorized registered professional nurse.(c) After assessing the health status of a resident, a registered professional nurse, in collaboration with the resident's prescriber, may allow an AMAP to administer medication.(d) Nothing in this article prohibits a staff member from administering medications or performing health maintenance tasks or providing any other prudent emergency assistance to aid any person who is in acute physical distress or requires emergency assistance.
WV Code § 16-5AA-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5AA. Medication Administration by Unlicensed Personnel in Nursing Homes|§16-5AA-3. Exemption From Licensure; Statutory Construction

(a) A staff member who is not authorized by law to administer medication may do so in a nursing home if he or she meets the requirements of this article.(b) An approved medication assistive personnel is exempt from the licensing requirements of chapter 30 of this code.(c) A health care professional remains subject to his or her respective licensing laws.(d) This article shall not be construed to violate or conflict with chapter 30 of this code.