reglab/housing_qa huggingface dataset:
WV Code § 16-5I-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5I. Hospice Licensure Act|§16-5I-3. Hospices to Obtain License; Application; Fees and Inspections

(a) No person, partnership, association or corporation or any governmental unit or any division, department, board or agency thereof may operate a hospice without first obtaining a license from the Secretary in accordance with the provisions of this article and the rules lawfully promulgated hereunder.(b) Any person, partnership, association or corporation or any governmental unit or any division, department, board or agency thereof desiring a license hereunder shall file with the Secretary an application in such form as the Secretary shall prescribe and furnish accompanied by a fee to be determined by the board of Health, based upon the number of persons served by the hospice. The Secretary shall inspect the hospice prior to issuing a license. Upon receipt and review of an application for license, the Secretary shall issue a license if the hospice is in compliance with the provisions of this article and with the rules lawfully promulgated hereunder. The license is not transferable or assignable.(c) A license shall expire one year from the date of issuance. Sixty days prior to the expiration date, an application for renewal shall be submitted on forms furnished by the Secretary. A license shall be renewed if the Secretary determines that the applicant is in compliance with this article and with all rules promulgated hereunder.(d) The Secretary or his or her designee shall inspect all hospices that are subject to rules adopted pursuant to this article periodically and at least as often as required by the Centers for Medicare and Medicaid Services in order to determine compliance with the provisions of this article and with rules adopted hereunder, and regulations promulgated by the Centers for Medicare and Medicaid Services.
WV Code § 16-5I-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5I. Hospice Licensure Act|§16-5I-4. Suspension; Revocation

(a) The Secretary is authorized to suspend or revoke a license issued hereunder if the provisions of this article or of the rules are violated.(b) Before any such license is suspended or revoked, however, written notice shall be given the licensee, stating the grounds of the complaint, and the date, time and place set for the hearing on the complaint, which date shall not be less than thirty days from the time notice is given. Such notice shall be sent by registered mail to the licensee at the address where the hospice concerned is located. The licensee shall be entitled to be represented by legal counsel at the hearing.(c) If a license is revoked as herein provided, a new application for a license shall be considered by the Secretary if, when and after the conditions upon which revocation was based have been corrected and evidence of this fact has been furnished. A new license shall then be granted after proper inspection has been made and all provisions of this article and rules promulgated hereunder have been satisfied.(d) All of the pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern any hearing authorized and required by the provisions of this article and the administrative procedure in connection with and following any such hearing, with like effect as if the provisions of said article five were set forth in extenso in this section.(e) Any applicant or licensee who is dissatisfied with the decision of the Secretary as a result of the hearing provided in this section may, within thirty days after receiving notice of the decision, appeal to the circuit court, in term or in vacation, of Kanawha County for judicial review of the decision.(f) The court may affirm, modify or reverse the decision of the Secretary and either the applicant or licensee or the Secretary may appeal from the court's decision to the Supreme Court of Appeals.
WV Code § 16-5I-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5I. Hospice Licensure Act|§16-5I-5. Secretary of Health and Human Resources to Establish Rules

The Secretary of the Department of Health and Human Resources may promulgate rules in accordance with the provisions of chapter twenty-nine-a of this code for the licensure of hospice programs to ensure adequate care, treatment, health, safety, welfare and comfort of hospice patients. Such rules shall include, but not be limited to:(a) The qualifications and supervision of licensed and nonlicensed personnel;(b) The provision and coordination of inpatient care and in-home treatment services, including the development of a written plan of care;(c) The management, operation, staffing and equipping of the hospice program;(d) The clinical and business records kept by the hospice;(e) The procedures for the review of utilization and quality of patient care; and(f) Such other requirements as the Secretary determines to be appropriate.
WV Code § 16-5I-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5I. Hospice Licensure Act|§16-5I-6. Violations; Penalties; Injunction

(a) Any person, partnership, association or corporation and any local governmental unit or any division, department, board or agency thereof which establishes, conducts, manages or operates a hospice without first obtaining a license therefor as herein provided, or which violates any provisions of this article or any rule or regulation lawfully promulgated thereunder, shall be assessed a civil penalty by the Secretary not to exceed $50 for each violation. Each day of continuing violation after conviction shall be considered a separate violation.(b) 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 injunction against any person, partnership, association, corporation or any governmental unit or any division, department, board or agency thereof to restrain or prevent the establishment, conduct, management or operation of any hospice or violation of any provisions of this article or any rule or regulation lawfully promulgated thereunder without first obtaining a license therefor in the manner hereinbefore provided.
WV Code § 16-5J-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5J. Clinical Laboratories Quality Assurance Act|§16-5J-1. Legislative Findings

The Legislature finds that the diagnosis and treatment of human affliction is or may be largely determined by the results of laboratory testing and that inaccurate laboratory test results endanger the health and lives of the citizens of West Virginia. A due respect for the citizenry of the state requires that all such testing be done under the supervision of qualified and competent persons having sufficient expertise and experience to assure the quality and accuracy of clinical laboratory testing. Further, it is imperative that laboratories be regulated and licensed to ensure that the intent of this article be met.
WV Code § 16-5J-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5J. Clinical Laboratories Quality Assurance Act|§16-5J-2. Definition

The term "clinical laboratory" means any facility or place, however named, for the biological, microbiological, serological, chemical, immuno-hematological, hematological, biophysical, crytological, pathological, or other examination of materials derived from the human body for the purpose of providing information for the diagnosis, prevention or treatment of any disease or impairment of, or the assessment of the health of human beings.
WV Code § 16-5J-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5J. Clinical Laboratories Quality Assurance Act|§16-5J-3. Rules; Recognized External Standards

The director of the department of health shall promulgate, pursuant to chapter twenty-nine-a of this code, rules required to implement this article, and such rules shall specifically address, among other things, training, education and experience requirements. The standards to be adopted by the department of health shall be equal to or higher than such standards currently applicable and as established by the college of American pathologists, the center for disease control, American Osteopathic Board of Pathology, American Osteopathic Hospital Association, the Medicare program or the joint commission for the accreditation of hospitals: Provided, That any laboratory in this state accredited by or certified by one of these organizations or the Medicare program shall be exempt from the requirements of licensure with no further inquiry by the department of health, and any such accredited or certified laboratory shall be exempt from the provisions of this article as long as such laboratories remain so accredited or certified: Provided, however, That all laboratories shall have five years from the effective date of this article to come into compliance.
WV Code § 16-5J-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5J. Clinical Laboratories Quality Assurance Act|§16-5J-4. Powers and Duties

In addition to promulgating rules specified in section three of this article, the director of the department of health, with the advice of the advisory board created in section five of this article, has the power to:(a) Adopt rules for clinical laboratory licensure;(b) Establish rules for continued evaluation of laboratory testing, such rules and evaluations being at least equivalent to the appropriate section of the "Clinical Laboratory Improvement Act of 1967";(c) Institute and administer a program of inspection to ensure compliance with standards established in this article and rules established pursuant to this article;(d) Issue a license to those clinical laboratories which meet requirements for licensure under this article;(e) Set a reasonable fee for application and licensure;(f) Withhold, revoke or suspend or restrict the license of any clinical laboratory which fails to meet requirements for licensure or relicensure.The cost of the initial inspection of any new laboratory constructed after July 1, 1990, shall be the responsibility of the prospective licensee.Within the limit of available funds, the department of health shall inspect clinical laboratories on a periodic basis to ensure compliance with standards and regulations.
WV Code § 16-5J-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5J. Clinical Laboratories Quality Assurance Act|§16-5J-6. Hearing and Judicial Review

If a license is withheld, suspended or revoked, the laboratory is entitled to a hearing before representatives of the department of health within sixty days of the withholding, suspension or revocation decision. Such laboratory may be represented at the hearing by counsel and may present evidence in its defense. The final order of the director will be based on a record of the hearing and shall contain findings of fact and conclusions of law. The laboratory may appeal an adverse order to the circuit court of Kanawha County or the circuit court of the county in which the laboratory is located to determine whether the director abused his discretion or exceeded his jurisdiction. The department of health has the power to obtain an injunction during the time preceding the hearing against any laboratory which fails to meet licensure requirements and whose continued operation poses a significant threat to the public health.
WV Code § 16-5J-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5J. Clinical Laboratories Quality Assurance Act|§16-5J-7. Exemptions

This article does not include or apply to any laboratory or laboratories maintained and operated by the federal government or to any laboratory or laboratories maintained and operated purely for research or teaching purposes nor to any laboratory operated by a primary health care center having tax exempt status and receiving contributions which are deductible to the contributor under provisions of federal law. All county health departments shall be exempt from this article.
WV Code § 16-5J-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5J. Clinical Laboratories Quality Assurance Act|§16-5J-8. Unlawful Conduct; Penalties

It is a misdemeanor for any person to solicit, receive, accept, deliver or transmit, by mail or otherwise, material originating from the human body on behalf of any person operating a laboratory not in possession of a license under this article regardless of whether such laboratory is located in this state and, upon conviction thereof, such person shall be fined not less than $500. The provisions of this section do not apply to transactions with any person operating a laboratory located in another state, which laboratory has been issued a license or permit in conformity with the "Clinical Laboratories Improvement Act of 1967," and related statutes. Neither does this section apply to transactions with laboratories operated in this state which are exempt from the license requirements of this article.
WV Code § 16-5J-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5J. Clinical Laboratories Quality Assurance Act|§16-5J-9. Interpretation of Article; Severability

The provisions of this article are severable and if any of its provisions shall be held unconstitutional, the decision of the court shall not affect or impair any of the remaining provisions of this article. It is hereby declared to be the legislative intent that this article would have been adopted had such unconstitutional provisions not been included herein.
WV Code § 16-5J-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5J. Clinical Laboratories Quality Assurance Act|§16-5J-10. Licensure of Technicians; Fee; Rules and Regulations

(a) The director of the department of health shall promulgate rules and regulations for the licensure and certification of lab technicians and lab technologists. All such persons being so employed on the effective date of this article shall be automatically certified and exempt from this requirement: Provided, That any technologist and technician who is certified by the American medical technologists or the American society of clinical pathologists or the national certification agency for medical laboratory personnel or any federal certification program shall be considered certified.(b) All laboratory technicians or technologists shall pay an annual license fee of $25 to the director of the department of health to cover the costs of licensure.(c) All rules and regulations required under this section or other provisions of this article may not be filed as emergency rules until after the set of rules is approved by the Legislature.(d) All fees and interest earned or collected by the department under this article shall be used to pay for the implementation of this article.
WV Code § 16-5K-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5K. Early Intervention Services for Children With Developmental Delays|§16-5K-1. Legislative Findings and Statement of Purpose

The Legislature hereby finds and declares that early intervention services for children who are developmentally delayed is essential in helping to maximize each child's potential and is in the best interest of the state. These early intervention services will reduce future educational costs, minimize the likelihood of having to provide institutional care and enhance the capacity of families to meet the special needs of the children. In order to meet this important need, a statewide comprehensive, coordinated, interagency program of early intervention services is required for children and the families of children from birth to thirty-six months of age who are developmentally delayed. By facilitating coordination of payment for early intervention services from various public and private sources, enhancing the capacity to provide quality early intervention services, and expanding and improving existing services, the interagency program will ensure that children who are developmentally delayed will receive necessary services which are cost effective.
WV Code § 16-5K-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5K. Early Intervention Services for Children With Developmental Delays|§16-5K-2. Definitions

Unless the context clearly otherwise indicates, as used in this article:(a) "Bureau" means the Bureau for Children and Families Public Health within the Department of Health and Human Resources.(b) "Council" means the Governor's Early Intervention Interagency Coordinating Council.(c) "Department" means the Department of Health and Human Resources.(d) "Early intervention services" means developmental services which:(1) Are designed to meet the developmental needs of developmentally delayed infants and toddlers and the needs of the family related to enhancing the child's development;(2) Are selected in collaboration with the parents;(3) Are provided under public supervision in conformity with an individualized family service plan;(4) Are provided either at no charge, fees based on a sliding scale, or charges to third party payers and do not restrict access or services because of a client's financial limitations;(5) Meet the state's early intervention standards, as established by the Department of Health and Human Resources with the assistance of the Governor's Early Intervention Interagency Coordinating Council;(6) Include assistive technology, audiology, audiology case management, family training, counseling and home visits, health services necessary to enable a child to benefit from other early intervention services, medical services only for diagnostic or evaluation purposes, nursing services, nutrition services, occupational therapy, physical therapy, psychological services, social work services, special instruction, speech-language pathology, vision and transportation; and(7) Are provided by licensed or otherwise qualified personnel, including audiologists, family therapists, nurses, nutritionists, occupational therapists, orientation and mobility specialists, physical therapists, physicians, psychologists, social workers, special educators, speech-language pathologists and paraprofessionals appropriately trained and supervised.(e) "Infants and toddlers with developmental delay" means children from birth to thirty-six months of age who need early intervention services for any of the following reasons:(1) They are experiencing developmental delays, as measured by appropriate methods and procedures, in one or more of the following areas: Cognitive, physical, including visual and hearing, communicative, adaptive, social, language and speech, or psycho-social development or self-help skills; or(2) They have a diagnosed physical or mental condition that has a high probability of resulting in developmental delay; or(3) They are at risk of having substantial developmental delays if early intervention services are not provided.
WV Code § 16-5K-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5K. Early Intervention Services for Children With Developmental Delays|§16-5K-3. Responsibilities of the Department of Health and Human Resources

(a) The Department of Health and Human Resources is the administering agency for the development of a statewide, comprehensive, coordinated, interagency system of early intervention services.(b) Consistent with the provisions of Public Law 99-457, as enacted by the Congress of the United States, the department has the following responsibilities:(1) To carry out the general administration, supervision and monitoring of early intervention programs and activities;(2) To resolve complaints regarding the requirements of Public Law 99-457;(3) To identify and coordinate all available resources within the state from federal, state, local and private sources;(4) To enter into formal interagency agreements with other state agencies involved in early intervention;(5) To resolve intraagency and interagency disputes and to ensure that early intervention services are provided in a timely manner pending the resolution of such disputes; and(6) To coordinate and implement a comprehensive system of personnel development, including the certification and credentialing of qualified personnel pursuant to federal regulations or requirements.(c) The department may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code necessary to carry out the purposes of this article.(d) The Department of Health and Human Resources and the Department of Education shall enter into a formal interagency agreement regarding early intervention services. The agreement shall define the financial responsibility of each agency, describe the transition of services to children and their families between service systems, and establish procedures for resolving disputes.
WV Code § 16-5K-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5K. Early Intervention Services for Children With Developmental Delays|§16-5K-4. Interagency Coordinating Council

(a) The Governor's Early Intervention Interagency Coordinating Council is continued. The council is composed of at least fifteen members appointed by the Governor with additional ex officio members representing specific agencies serving infants and toddlers with developmental delays.(b) The membership of the council shall consist of the following:(1) At least three parents of children, ages birth through six years of age, who have developmental delays;(2) At least three persons representative of the public or private service providers;(3) At least one member of the House of Delegates recommended by the Speaker of the House of Delegates and one member of the Senate recommended by the Senate President;(4) At least one person from higher education involved in training individuals to provide services under this article; and(5) A representative of each of the agencies involved in the provision of or payment for early intervention services to infants and toddlers with developmental delays and their families.(c) The council shall meet at least quarterly and in such place as it considers necessary.(d) The council is responsible for the following functions:(1) To advise and assist the Department of Health and Human Resources in the development and implementation of early intervention policies;(2) To assist the department in achieving the full participation of all relevant state agencies and programs;(3) To collaborate with the Bureau for Children and Families in the coordination of early intervention services with other programs and services for children and families;(4) To assist the department in the effective implementation of a statewide system of early intervention services;(5) To assist the department in the resolution of disputes;(6) To advise and assist the department in the preparation of grant applications; and(7) To prepare and submit an annual report to the Governor, the Legislature and the United States Secretary of Education on the status of early intervention programs within the state.
WV Code § 16-5K-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5K. Early Intervention Services for Children With Developmental Delays|§16-5K-5. Provision of Early Intervention Services

(a) The department may enter into contracts with public or private providers of early intervention services who meet state early intervention standards.(b) Within available resources, as determined by the department, appropriate early intervention services shall be made available to eligible children and their families.