reglab/housing_qa huggingface dataset:
WV Code § 9-4D-8 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 4D. Medicaid Buy-in Program|§9-4D-8. Analytical Criteria and Reporting Requirements

(a) The secretary shall establish criteria to determine the effectiveness of the Medicaid buy-in program and continued Medicaid coverage through Section 1619 of the federal Social Security Act (42 U.S.C. §1382h). The criteria shall include an analysis of the following:(1) The number of individuals with disabilities who are:(A) Enrolled in the buy-in program; or(B) Receiving Medicaid through Section 1619 of the federal Social Security Act (42 U.S.C. §1382h);(2) The amount of state revenues resulting from premiums paid by participants in the buy-in program; and(3) The amount of state costs incurred as a result of implementing the buy-in program, including administrative costs and costs of providing services.(b) In addition to the criteria required under subsection (b) of this section, the secretary may establish criteria to determine the following:(1) Comparative costs of Medicaid funded services for participants in the buy-in program and work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. §1382h) before and after employment;(2) The number of supplemental security income and social security disability insurance recipients in West Virginia who are no longer dependent on, or who have reduced dependence on, public assistance or health care entitlement services, other than Medicaid or the Children's Health Insurance Program, due to participation in the buy-in program or work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. §1382h);(3) The number of individuals with severe disabilities who are no longer dependent on, or who have reduced dependence on, public benefits or services, other than Medicaid or the Children's Health Insurance Program, due to income or support services received through participation in the buy-in program or work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. §1382h); and(4) The change in the number of buy-in program participants or participants in work incentives created through Section 1619 of the federal Social Security Act (42 U.S.C. §1382h) who have health care needs and related services covered through employer based benefit programs.(c) In evaluating the effectiveness of the state's work incentives initiatives for individuals with disabilities, the secretary:(1) Shall collaborate with other state agencies on data collection; and(2) May consult with an independent contractor to collect data on the criteria required by this section.(d) The department secretary shall provide an annual report of its evaluation of the Medicaid buy-in program performed pursuant to the requirements of this section to the Legislature no later than the last day of December of each year, beginning in two thousand four.
WV Code § 9-4D-9 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 4D. Medicaid Buy-in Program|§9-4D-9. Advisory Council; Rules

(a) The secretary of the Department of Health and Human Resources shall establish a Medicaid buy-in program advisory council, consisting of representatives from the state Medicaid agency, the state rehabilitation agency, the state office of family support, the West Virginia statewide independent living council, the West Virginia state rehabilitation council, the West Virginia developmental disabilities council, the West Virginia mental health planning council and the center for excellence in disabilities at West Virginia University.(b) The secretary shall submit proposed rules for review and input to the advisory council prior to release for public comment and shall consider any recommendations of the advisory council before adopting final rules.(c) The secretary shall propose emergency rules in accordance with the provisions of section fifteen, article three, chapter twenty-nine-a of this code to implement the provisions of this article. Thereafter, the secretary shall propose additional rules for legislative approval in accordance with the provisions of said article three, chapter twenty-nine-a of this code as may be needed to administer and maintain the Medicaid buy-in program.
WV Code § 9-4E-1 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 4E. Long-Term Care Partnership Program|§9-4E-1. Purpose

(a) The purpose of this program shall be to reduce Medicaid costs for long-term care by encouraging the purchase of private long-term care insurance policies that are covered under the "qualified state long-term care insurance partnerships."(b) It is the intent of the long-term care partnership to do all of the following:(1) Provide incentives for individuals to insure against the costs of providing for their long-term care needs.(2) Provide a mechanism for individuals to qualify for coverage of the cost of their long-term care needs under Medicaid without first being required to substantially exhaust their resources.(3) Alleviate the financial burden on the state's medical assistance program by encouraging the pursuit of private initiatives.
WV Code § 9-4E-2 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 4E. Long-Term Care Partnership Program|§9-4E-2. Definitions

(a) "Asset disregard" means, with regard to the state's medical assistance program, disregarding any assets or resources in an amount equal to the insurance benefit payments that are made to or on behalf of an individual who is a beneficiary under a qualified long-term care insurance partnership policy.(b) "Long-term care insurance" means a policy described in section four (a), article fifteen (A), chapter thirty-three of this code.(c) "Long-term care partnership program" means a qualified state long-term care insurance partnership as defined in 42 U.S.C. 1396, Section 1917(b) of the Social Security Act.(d) "Medicaid" means that assistance provided under a state plan implemented by subchapter nineteen, chapter seven, Title 42, United States Code, as that chapter has been and may hereafter be amended.
WV Code § 9-4E-3 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 4E. Long-Term Care Partnership Program|§9-4E-3. Authority

(a) The program shall be administered by the Bureau for Medical Services. The bureau shall establish a long-term care partnership program in West Virginia in order to provide for the financing of long-term care through a combination of private insurance and Medicaid in accordance with federal requirements on qualified state long-term care insurance partnerships.(b) Not later than ninety days after the effective date of this article, the Bureau for Medical Services shall file a state plan amendment, pursuant to Title XIX of the United States Social Security Act and any amendments thereto, to the United States Department of Health and Human Services to establish that the assets an individual owns and may retain under Medicaid and still qualify for benefits under Medicaid at the time the individuals applies for benefits is increased dollar-for-dollar for each dollar paid out under the individuals's long-term care insurance policy if the individual is a beneficiary of a qualified long-term care partnership program policy.(c) An individual who is a beneficiary of a West Virginia long-term care partnership program and meets eligibility requirements is eligible for assistance under the state's medical assistance program using the asset disregard as provided under subsection (b).(d) The Bureau of Medical Services shall pursue reciprocal agreements with other states to extend the asset disregard to West Virginia residents who purchased long-term care partnership policies in other states that are compliant with Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005, PL 109-171, and any applicable federal regulations or guidelines.(e) Upon diminishment of assets below the anticipated remaining benefits under a long-term care partnership program policy, certain assets of an individual, as provided under subsection (b), shall not be considered when determining any of the following:(1) Medicaid eligibility;(2) The amount of any Medicaid payment;(3) Any subsequent recovery by the state of a payment for medical services or long-term care services.(f) If the long-term care partnership program is discontinued, an individual who purchased a West Virginia long-term care partnership program policy before the date the program was discontinued shall be eligible to receive asset disregard if allowed as provided by Title VI, Section 6021 of the Federal Deficit Reduction Act of 2005, PL 109-171.
WV Code § 9-5-1 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-1. Exemption of Grants From Certain Taxes and Claims

Grants of all classes of welfare assistance received under the provisions of this chapter shall be exempted from the collection of taxes except sales taxes, from levy of execution, garnishment, suggestion, and any other legal process.
WV Code § 9-5-2 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-2. Release of Liens and Reassignment of Insurance Policies

All liens and claims upon real and personal property and all assignments of insurance policies, imposed, existing or made under the provisions of chapter one, acts of the Legislature, first extraordinary session, one thousand nine hundred thirty-six, chapter one hundred five, acts of the Legislature, regular session, one thousand nine hundred thirty-nine, chapter seventy-four, acts of the Legislature, regular session, one thousand nine hundred forty-one, chapter one hundred twenty-four, acts of the Legislature, regular session, one thousand nine hundred forty-seven, and chapter one hundred forty-three, acts of the Legislature, regular session, one thousand nine hundred fifty-three, which have not been released or reassigned, shall be released or reassigned by the commissioner by the preparation, execution and acknowledgment of a release of each lien or claim and by the delivery of such release to the person or persons entitled thereto for recordation and by a reassignment of each such insurance policy to the person or persons entitled thereto.
WV Code § 9-5-3 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-3. Recipient of Assistance Not a Pauper

A recipient of any class of welfare assistance shall not be deemed a pauper by reason of the receipt of such assistance.
WV Code § 9-5-4 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-4. Penalties for False Statements, etc.

Any person who obtains or attempts to obtain, or aids or abets an applicant or recipient in obtaining or attempting to obtain, by means of a willfully false statement or misrepresentation or by impersonation of any other fraudulent device:(1) Any class of welfare assistance to which the applicant or recipient is not entitled; or(2) Any class of welfare assistance in excess of that to which the applicant or recipient is justly entitled; shall upon conviction be punished as follows:(a) If the aggregate value of all funds or other benefits obtained or attempted to be obtained shall be $500 or less, the person so convicted shall be guilty of a misdemeanor and, shall be fined not more than $1,000 or confined in jail not exceeding one year; or(b) If the aggregate value of all funds or other benefits obtained or attempted to be obtained shall exceed $500, the person so convicted shall be guilty of a felony and, shall be fined not more than $5,000 or confined in the penitentiary not less than one year nor more than five years.
WV Code § 9-5-5 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-5. Recipients of Cash Grants

Within such limitations as may be imposed by applicable federal laws, rules and regulations, the department of welfare shall make available for public inspection by the thirtieth day of each month a separate alphabetical list of the names and addresses of all persons receiving any class of welfare assistance in the form of cash grants during the preceding month, together with the amounts of such cash grants. This information shall be delivered to the clerk of each county court in the state who shall immediately file the same in his office with respect to persons receiving such cash grants as residents of that county. Such information shall be retained in the files of said clerks of the county courts for a period of two years from the date of receipt thereof. All information other than names, addresses and amounts of such cash grants shall be considered as confidential.It shall be unlawful, for commercial or political purposes of any nature, for any person or persons, body, association, firm, corporation or other agency to solicit, disclose, receive, make use of, or to authorize, knowingly permit, participate in, or acquiesce in the use of, any lists of names of, or any information concerning, persons applying for or receiving any class of welfare assistance, directly or indirectly derived from the records, papers, files, or communications of the department of welfare or acquired in the course of performance of official duties. The violation of this provision is a misdemeanor, punishable upon conviction, by a fine of not more than $1,000 or imprisonment of not more than six months, or both.For the protection of applicants and recipients of welfare assistance, the department shall be required to establish reasonable rules and regulations governing the custody, use and preservation of the records, papers, files and communications of the department.
WV Code § 9-5-6 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-6. Attorney General and Prosecuting Attorneys to Render Legal Services to Commissioner

The Attorney General of the state and his assistants, and the prosecuting attorneys of the various counties shall render to the commissioner, without additional compensation, such legal services as he shall require of them in the discharge of his duties. This section shall not be construed to prohibit the department from developing plans for cooperation with courts, prosecuting attorneys, and other law-enforcement officials in such a manner as to permit the state and its citizens to obtain maximum fiscal benefits under federal laws, rules and regulations.
WV Code § 9-5-7 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-7. Visitation by County Employees

Health officers, physicians, and nurses employed by the county shall, at the request of the commissioner, make home visits to indigent persons.
WV Code § 9-5-8 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-8. Authority to Examine Witnesses, Administer Oaths and Take Affidavits

The commissioner and employees of the department of welfare shall have the power and authority to administer oaths, examine witnesses and take and certify affidavits in any matter or thing pertaining to the business of the department of welfare.
WV Code § 9-5-8a (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-8a. Authority to Subpoena Witnesses and Documents When Investigating the Provision of Medical Assistance Programs

The commissioner and every duly appointed hearing examiner shall have the power to apply, on behalf of any party, to the circuit court of the county in which the hearing is to be held, or the circuit court in which the subpoena or subpoena duces tecum is to be served, or the judge of either such court in vacation, for the issuance of a subpoena or subpoena duces tecum to compel the attendance of witnesses or the production of documents, before any hearing or administrative tribunal convened to consider suspension or termination of any person or corporation from providing services under the medical assistance programs administered by the department of welfare. The application for a subpoena duces tecum shall state with particularity any papers or documents requested and upon hearing, the applicant or party shall notify the court or judge, as the case may be, of the necessity therefor in such hearing. The court or judge thereof, prior to issuing the requested subpoena or subpoena duces tecum, may make any order which justice requires to protect a party or person from annoyance, embarrassment, oppression or undue burden or expense. The party who applies for the subpoena or subpoena duces tecum shall pay the sheriff's fees required for service of these documents.
WV Code § 9-5-8b (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-8b. Authority of Investigations and Fraud Management Division to Subpoena Witnesses and Documents

(a) When the Investigations and Fraud Management Division of the Office of the Inspector General, which is charged with investigating welfare fraud and intra-agency employee misconduct, has credible information that indicates a person has engaged in an act or activity related to Department of Health and Human Resources programs, benefits or intra-agency employee misconduct which is subject to prosecution, it may conduct an investigation to determine if the act has been committed. To the extent necessary to the investigation, the secretary or an employee of the Office of the Inspector General designated by the secretary may administer oaths or affirmations and issue subpoenas for witnesses and documents relevant to the investigation, including information concerning the existence, description, nature, custody, condition and location of any book, record, documents or other tangible thing and the identity and location of persons having knowledge of relevant facts or any matter reasonably calculated to lead to the discovery of admissible evidence.When the Investigations and Fraud Management Division has probable cause to believe that a person has engaged in an act or activity which is subject to prosecution relating to Department of Health and Human Resources programs, benefits or intra-agency employee misconduct, the secretary or an employee of the Office of the Inspector General designated by the secretary may request search warrants and present and swear or affirm criminal complaints.(b) If documents necessary to an investigation of the Investigations and Fraud Management Division appear to be located outside the state, the documents shall be made available by the person or entity within the jurisdiction of the state having control over such documents either at a convenient location within the state or, upon payment of necessary expenses to the division for transportation and inspection, at the place outside the state where these documents are maintained.(c) Upon failure of a person to comply with a subpoena or a subpoena for the production of evidence or failure of a person to give testimony without lawful excuse and upon reasonable notice to all persons affected thereby, the Investigations and Fraud Management Division may apply to the circuit court of the county in which compliance is sought for appropriate orders to compel obedience with the provisions of this section.(d) The Investigations and Fraud Management Division may not make public the name or identity of a person whose acts or conduct is investigated pursuant to this section or the facts disclosed in an investigation except as the same may be used in any legal action or enforcement proceeding brought pursuant to this code or federal law.
WV Code § 9-5-10 (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-10. Continuation of Present Aid; Contributions by Counties

Except as otherwise provided in this chapter, aid or assistance rendered under existing law shall not be deemed to be discontinued.County courts may contribute in-kind services or money into a special fund of the state department of welfare to expand the general welfare programs for citizens of its county. No part of this fund shall revert to the general revenue of the state.
WV Code § 9-5-11a (2021)
2021 West Virginia Code|Chapter 9. Human Services|Article 5. Miscellaneous Provisions|§9-5-11a. Notice of Action or Claim

If either the medical assistance recipient or the Department of Health and Human Resources brings an action or claim against a third person, the recipient, his attorney or such department shall, within thirty days of filing the action, give to the other written notice of the action or claim by certified mail. This notice shall contain the name of the third person and the court in which the action is brought. If the Department of Health and Human Resources institutes said action, the notice shall advise the recipient of their right to bring such action in their own name, in which they may include as a part of their claim the sums claimed by such department. Proof of such notice shall be filed in said action subject to the notice and intent procedure as outlined in section eleven of this article. If an action or claim is brought by either the recipient or the Department of Health and Human Resources, the other may, at any time before trial, become a party to the action, or shall consolidate his action or claim with the other if brought independently: Provided, That this consolidation or entry as a party does not delay the proceedings.