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WV Code § 16-5-38 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5. Vital Statistics|§16-5-38. Penalties

(a) For acts which occur on or after the effective date of this section, a person shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $10,000 or imprisoned in a state correctional facility not more than five years, or both fined and imprisoned, if he or she:(1) Willfully and knowingly makes any false statement in a report, record or certificate required to be filed under this article, or in an application for an amendment thereof, or willfully and knowingly supplies false information intending that the information be used in the preparation of any report, record or certificate, or amendment thereof, or in an application for a certified copy of a vital record required by this article; or(2) Without lawful authority and with the intent to deceive, makes, counterfeits, alters, amends or mutilates any record, report, or certificate required by this article, or any certified copy of the record, report or certificate; or(3) Willfully and knowingly obtains, possesses, uses, sells, furnishes or attempts to obtain, possess, use, sell or furnish to another, for any purpose of deception, any certificate, record, report, or certified copy required by this article, which was made, counterfeited, altered, amended, or mutilated, or that is false, in whole or in part, or that relates to the birth of another person, whether living or deceased; or(4) Is an employee of the section of vital statistics or of any office of any custodian of vital records, and willfully and knowingly furnishes or processes a certificate of birth, or certified copy of a certificate of birth, with the knowledge or intention that it be used for the purposes of deception; or(5) Without lawful authority, possesses any certificate, record or report required by this article or a copy or a certified copy of the certificate, record or report knowing it to have been stolen or otherwise unlawfully obtained.(b) A person shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or confined in jail not more than one year, or both fined and confined, if he or she:(1) Willfully and knowingly transports or accepts for transportation, interment or other disposition a dead body without an accompanying permit as provided in this article;(2) Willfully and knowingly refuses to provide information required by this article or legislative rules adopted pursuant to this article; or(3) Willfully and knowingly violates any of the provisions of this article or refuses to perform any of the duties imposed upon him or her by this article.
WV Code § 16-5A-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5A. Cancer Control|§16-5A-1. Cancer Control

The director of the state department of health shall execute and administer the provisions of this article relating to the diagnosis, treatment and care of persons suffering from cancer. The director shall have authority to direct, control, govern and provide for the management of any state institution for the care and treatment of cancer patients which may hereafter be created by law.
WV Code § 16-5A-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5A. Cancer Control|§16-5A-2. Educational Program

The director shall formulate and put into effect throughout the state an educational program for the purpose of preventing cancer and of aiding in its early diagnosis, and for the purpose of giving information to hospitals and cancer patients concerning the proper treatment. In furtherance of this program, the director may assist and cooperate with any state or national organization conducting an educational program for the prevention of cancer.
WV Code § 16-5A-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5A. Cancer Control|§16-5A-3. Establishment of Clinics

The director shall have authority to prescribe standard minimum requirements for the organization, equipment and conduct of cancer units or clinics in general hospitals of the state. The director shall establish and maintain, or aid in the establishment and maintenance of, a sufficient number of cancer diagnostic and treatment clinics meeting such requirements, so located that they are within reasonable traveling distance of any citizen of the state in need of treatment. In the establishment and operation of such clinics and in the fixing of such minimum requirements, the director shall consult and cooperate with the West Virginia state medical association.In order to determine the progress of the disease and the success of the treatment being used, the director shall insofar as practicable provide a method for following up each case and bringing the patient back to the clinic at frequent intervals.
WV Code § 16-5A-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5A. Cancer Control|§16-5A-4. Tissue Diagnostic Service

The director shall furnish, within the limits of available funds, free tissue diagnostic service to all needy patients. In providing this service the director may use either the state- owned laboratory in the department of health, or privately owned laboratories approved by the department.
WV Code § 16-5A-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5A. Cancer Control|§16-5A-5. Care of Needy Patients

The board of health shall prescribe rules and regulations specifying to what extent and on what terms and conditions needy cancer patients may receive financial aid for the diagnosis and treatment of cancer in any approved hospital in this state. The director is authorized to furnish aid, within the limits of available funds, to such patients and shall have the power to administer such aid in any manner which in his judgment will afford the greatest benefit to cancer patients throughout the state.In determining whether a particular patient is entitled to such assistance the director may call upon the department of welfare for such investigation as may be required. In order to receive such aid, however, the patient need not qualify for public assistance as administered by the department of welfare.
WV Code § 16-5B-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-2. Hospitals and Institutions to Obtain License; Qualifications of Applicant

No person, partnership, association, corporation or any local governmental unit or any division, department, board or agency thereof may continue to operate an existing ambulatory health care facility, ambulatory surgical facility, hospital or extended care facility operated in connection with a hospital, or open an ambulatory health care facility, ambulatory surgical facility, a hospital or extended care facility operated in connection with a hospital, unless such operation shall have been approved and regularly licensed by the state as hereinafter provided. Licenses shall be issued for a particular number by type of beds and/or type of services. Any change in the number by type of bed and/or type of services shall require the issuance of a new license.Before a license shall be issued under this article, the person applying, if an individual, shall submit evidence satisfactory to the state department of health that he is not less than eighteen years of age, of reputable and responsible character and otherwise qualified. In the event the applicant is an association, corporation or governmental unit, like evidence shall be submitted as to the members thereof and the persons in charge.Every applicant shall, in addition, submit satisfactory evidence of his ability to comply with the minimum standards and with all rules and regulations lawfully promulgated. Every applicant shall further submit satisfactory evidence that he has implemented the paternity program created pursuant to section thirteen of this article.
WV Code § 16-5B-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-3. Application for License

Any person, partnership, association, or corporation, or any local governmental unit or any division, department, board or agency thereof desiring a license hereunder shall file with the state department of health a verified application stating the name of the applicant, and if the applicant is an individual, his age; the type of institution to be operated; the location thereof; the name of the person in charge thereof; and such other information as the state department of health may require. An application on behalf of a corporation, association or governmental unit shall be made by any two officers thereof or by its managing agents and shall contain like information. The application shall be on a form prescribed, prepared and furnished by the state department of health.
WV Code § 16-5B-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-4. License Fees

The application of any person, partnership, association, corporation, or local government unit for a license to operate a hospital or extended care facility operated in connection with a hospital, shall be accompanied by a fee to be determined by the number of beds available for patients, according to the following schedule of fees: Those with five beds but less than fifty beds shall pay a fee of $500; those with fifty beds or more and less than one hundred beds shall pay a fee of $750; those with one hundred beds or more and less than two hundred beds shall pay a fee of $1,000; and those with two hundred beds or more shall pay a fee of $1,250. The director may annually adjust the licensure fees for inflation based upon the consumer price index. The application of any person, partnership, association, corporation, or local governmental unit for a license to operate an ambulatory health care facility or ambulatory surgical facility shall be accompanied by a reasonable fee to be determined by the director, based on the number of patients served by the facility. No such fee shall be refunded. All licenses issued under this article shall expire on June 30 following their issuance, shall be on a form prescribed by the state department of health, shall not be described in the application, shall be posted in a conspicuous place on the licensed premises, and may be renewed from year to year upon application, investigation and payment of the license fee, as in the case of the procurement of an original license: Provided, That any such license in effect on June 30 of any year, for which timely application for renewal, together with payment of the proper fee, has been made to the state department of health in conformance with the provisions of this article and the rules and regulations issued thereunder, and prior to the expiration date of such license, shall continue in effect until (a) June 30 next following the expiration date of such license, or (b) the date of the revocation or suspension of such license pursuant to the provisions of this article, or (c) the date of issuance of a new license, whichever date first occurs: Provided, however, That in the case of the transfer of ownership of a facility with an unexpired license, the application of the new owner for a license shall have the effect of a license for a period of three months when filed with the director. All fees received by the state department of health under the provisions of this article shall be deposited in accordance with section thirteen, article one of this chapter.
WV Code § 16-5B-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-5. Inspection

Every building, institution or establishment for which a license has been issued shall be inspected periodically by a duly appointed representative of the state department of health under rules and regulations to be promulgated by the department. Inspection reports shall be prepared on forms prescribed by the state department of health. Institutions licensed hereunder shall in no way be exempt from being inspected or licensed under the laws of this state relative to hotels, restaurants, lodginghouses, boardinghouses and places of refreshment.
WV Code § 16-5B-5a (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-5a. Accreditation Reports Accepted for Periodic License Inspections

Notwithstanding any other provision of this article, a periodic license inspection shall not be conducted by the Department of Health and Human Resources for a hospital if the hospital has applied for and received an exemption from that requirement: Provided, That no exemption granted diminishes the right of the Department of Health and Human Resources to conduct complaint inspections. The Department of Health and Human Resources shall grant an exemption from a periodic license inspection during the year following accreditation if a hospital applies by submitting evidence of its accreditation by the Joint Commission on Accreditation of Health Care Organizations or the American Osteopathic Association, or any accrediting organization approved by the Centers for Medicare and Medicaid Services, and submits a complete copy of the accrediting organizations accreditation report.If the accreditation of a hospital is for a period longer than one year, the Department of Health and Human Resources may conduct at least one license inspection of the hospital after the first year of accreditation and before the accreditation has expired and may conduct additional license inspections if needed. Hospitals receiving a three-year accreditation shall conduct annual self-evaluations using the current year accreditation manual for hospitals unless the Department of Health and Human Resources informs the hospital that the hospital will be inspected by the Department of Health and Human Resources. Hospitals are not required to conduct self-evaluations for any calendar year during which they are inspected by the Department of Health and Human Resources. These self-evaluations shall be completed and placed on file in the hospital by March 31 of each year. Hospitals shall make the results of the self-evaluation available to the Department of Health and Human Resources if requested.Accreditation reports filed with the Department of Health and Human Resources shall be treated as confidential in accordance with 16-5B-10 of this code.
WV Code § 16-5B-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-6. State Director of Health to Issue Licenses; Suspension or Revocation

The state director of health is hereby authorized to issue licenses for the operation of ambulatory health care facilities, ambulatory surgical facilities, hospitals or extended care facilities operated in connection with hospitals, which are found to comply with the provisions of this article and with all regulations lawfully promulgated by the department.The state director of health is hereby authorized to suspend or revoke a license issued hereunder, on any of the following grounds:(1) Violation of any of the provisions of this article or the rules and regulations issued pursuant thereto;(2) Knowingly permitting, aiding or abetting the commission of any illegal act in such institution;(3) Conduct or practices detrimental to the health or safety of the patients and employees of such institution; or(4) Operation of beds or services not specified in the license.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 institution concerned is located. The licensee shall be entitled to be represented by legal counsel at the hearing.If a license is revoked as herein provided, a new application for a license shall be considered by the director of health 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 and regulations promulgated hereunder have been satisfied.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.
WV Code § 16-5B-6a (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-6a. Consumer Majorities on Hospital Boards of Directors

[Repealed.]
WV Code § 16-5B-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-7. Judicial Review

Any applicant or licensee who is dissatisfied with the decision of the state department of health as a result of the hearing provided in section six may, within thirty days after receiving notice of the decision, appeal to the circuit court, in term or in vacation, of the county in which the applicant or licensee is located for judicial review of the decision. The court may, if it so desires, refer the matter to a commissioner in chancery for a hearing, with a request that he report to the court his findings of fact together with his recommendation.The department shall promptly certify and file in the court the transcript of the hearings on which its decision is based.Findings of fact by the department shall be considered as prima facie correct, but the court may remand the case to the department for the taking of further evidence. The department may thereupon make new or modified findings of fact which shall likewise be considered as prima facie correct. All evidence in the case shall be held secret until the final order is issued by the court which order shall be made public.The court shall have the power to affirm, modify or reverse the decision of the department and either the applicant or licensee or the department may appeal from the court's decision to the Supreme Court of Appeals. Pending the final disposition of the matter the status quo of the applicant or licensee shall be preserved.
WV Code § 16-5B-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-8. State Board of Health to Establish Standards; Director Enforces

The board of health shall have the power to promulgate rules and regulations and the director shall have the power to enforce such rules and regulations, as the board of health may establish, not in conflict with any provision of this article, as it finds necessary, or in the public interest, in order to protect patients in institutions required to be licensed under this article from detrimental practices and conditions, or to ensure adequate provision for their accommodations and care. No rule or regulation or standard of the board shall be adopted or enforced which would have the effect of denying a license to a hospital or other institution required to be licensed hereunder, solely by reason of the school or system of practice employed or permitted to be employed by physicians therein: Provided, That such school or system of practice is recognized by the laws of this state.
WV Code § 16-5B-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-9. Hospitals and Similar Institutions Required to Supply Patients, Upon Request, With One Specifically Itemized Statement of Charges Assessed to Patient, at No Cost to Patient

Any hospital, or other similar institution, required to be licensed under this article, upon request, shall supply to any patient who has received services from the hospital, whether on an inpatient or outpatient basis, one itemized statement which describes with specificity the exact service or medication for which a charge is assessed to the patient at the institution, at no additional cost to the patient. In the event of the death of any such patient, a relative or guardian may make such request and shall receive such statement at no additional cost.
WV Code § 16-5B-10 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-10. Information Not to Be Disclosed; Exception

Information received by the state department of health under the provisions of this article shall be confidential and shall not be publicly disclosed except in a proceeding involving the question of the issuance or revocation of a license.
WV Code § 16-5B-11 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-11. Violations; Penalties

Any person, partnership, association or corporation, and any local governmental unit or any division, department, board or agency thereof establishing, conducting, managing or operating an ambulatory health care facility, ambulatory surgical facility, a hospital, or extended care facility operated in connection with a hospital, without first obtaining a license therefor as herein provided, or violating any provision of this article or any rule or regulation lawfully promulgated thereunder, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished for the first offense by a fine of not more than $100, or by imprisonment in the county jail for a period of not more than ninety days, or by both such fine and imprisonment, in the discretion of the court. For each subsequent offense the fine may be increased to not more than $500, with imprisonment in the county jail for a period of not more than ninety days, or both such fine and imprisonment, in the discretion of the court. Each day of a continuing violation after conviction shall be considered a separate offense.
WV Code § 16-5B-12 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 5B. Hospitals and Similar Institutions|§16-5B-12. Injunction; Severability

Notwithstanding the existence or pursuit of any other remedy, the director 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 local governmental unit, or any division, department, board or agency thereof, to restrain or prevent the establishment, conduct, management or operation of any ambulatory health care facility, ambulatory surgical facility, hospital or extended care facility operated in connection with a hospital without first obtaining a license therefor in the manner hereinbefore provided.If any part of this article shall be declared unconstitutional, such declaration shall not affect any other part thereof.