reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 5O. Medication Administration by Unlicensed Personnel › §16-5O-3. Administration of Medications; Performance of Health Maintenance Tasks; Maintenance of Liability Insurance in Facilities

(a) The secretary shall continue a program for the administration of medications and performance of health maintenance tasks in locations covered by this article. The program shall be developed and conducted in cooperation with the appropriate agencies, advisory bodies and boards.
(b) Administration of medication or performance of health maintenance tasks shall be performed only by:
(1) Licensed health care professionals; or
(2) Facility staff members who have been trained and retrained every two years and who are subject to the supervision of and approval by an authorized registered professional nurse.
(c) After assessing the health status of an individual resident, a registered professional nurse, in collaboration with the resident's health care professional and the facility staff member, may recommend that the facility authorize a facility staff member to administer medication or perform health maintenance tasks if the staff member:
(1) Has been trained pursuant to the requirements of this article;
(2) Is considered by the authorized registered professional nurse to be competent;
(3) Consults with the authorized registered professional nurse on a regular basis; and
(4) Is monitored or supervised by the authorized registered professional nurse.
(d) An agency or facility employing personnel for the purposes of supervising the administration of medication or the performance of health maintenance tasks shall maintain liability insurance for the licensed health care provider, any facility staff member who has been trained and is employed to administer medication or perform health maintenance tasks and if applicable the health care provider's collaborative supervising physician.
(e) Nothing in this article may be construed to prohibit any facility 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.
(f) Supervision of self-administration of medication by facility staff members who are not licensed health care professionals may be permitted in certain circumstances, when the substantial purpose of the setting is other than the provision of health care.
2023 West Virginia Code › Chapter 16. Public Health › Article 5O. Medication Administration by Unlicensed Personnel › §16-5O-4. Exemption From Licensure; Statutory Construction

(a) Any individual who is not otherwise authorized by law to administer medication or perform health maintenance tasks may administer medication or perform health maintenance tasks in locations covered by this article if he or she meets the requirements of this article and is exempt from the licensing requirements of chapter thirty of this code.
(b) Licensed health care professionals remain subject to their respective licensing laws.
(c) Notwithstanding any other provision of law to the contrary, this article shall not be construed to violate or be in conflict with articles seven or seven-a, chapter thirty of this code.
(d) Any parent or guardian may administer medication to, or perform health maintenance tasks for, his or her adult or minor child regardless of whether or not the parent or guardian receives compensation for caring for said child.
2023 West Virginia Code › Chapter 16. Public Health › Article 5O. Medication Administration by Unlicensed Personnel › §16-5O-6. Availability of Records; Eligibility Requirements of Facility Staff

(a) Any facility which authorizes unlicensed staff members to administer medications or perform health maintenance tasks shall make available to the authorizing agency a list of the individual facility staff members authorized to administer medications or perform health maintenance tasks.
(b) Any facility may permit a facility staff member to administer medications or perform health maintenance tasks in a single specific agency only after compliance with all of the following:
(1) The staff member has successfully completed a training program and received a satisfactory competency evaluation as required by this article;
(2) The facility determines there is no statement on the state administered nurse aide registry indicating that the staff member has been the subject of finding of abuse or neglect of a long-term care facility resident or convicted of the misappropriation of a resident's property;
(3) The facility staff member has had a criminal background check or if applicable, a check of the State Police Abuse Registry, establishing that the individual has not been convicted of crimes against persons or drug related crimes;
(4) The medication to be administered is received and maintained by the facility staff member in the original container in which it was dispensed by a pharmacist or the physician; and
(5) The facility staff member has complied with all other applicable requirements of this article, the legislative rules adopted pursuant to this article and other criteria, including minimum competency requirements, as are specified by the authorizing agency.
2023 West Virginia Code › Chapter 16. Public Health › Article 5O. Medication Administration by Unlicensed Personnel › §16-5O-7. Oversight of Medication Administration and Performance of Health Maintenance Tasks by the Approved Medication Assistive Personnel

(a) Any facility in which medication is administered or health maintenance tasks performed by the approved medication assistive personnel shall establish an administrative monitoring system in administrative policy. The specific requirements of the administrative policy shall be established by the department, through legislative rules. These rules shall be developed in consultation with the West Virginia Board of Examiners for Registered Nurses, the West Virginia Nurses Association, the West Virginia Statewide Independent Living Council, and the West Virginia Board of Respiratory Care. These rules are required to include, at a minimum:
(1) Instructions on protocols for contacting an appropriate healthcare professional in situations where a condition arises which may create a risk to the resident's health and safety;
(2) The type and frequency of monitoring and training requirements for management of these occurrences; and
(3) Procedures to prevent drug diversion.
(b) Monitoring of facility staff members authorized pursuant to this article shall be performed by a registered professional nurse employed or contracted by the facility, who shall exercise judgment, evaluate and assess the patient, inject medicine, except prefilled insulin and insulin pens if this task is delegated to an approved medication assistive person, and monitor medications, self-administration of medications and self-injections by the resident in accordance with his or her scope of practice.
2023 West Virginia Code › Chapter 16. Public Health › Article 5O. Medication Administration by Unlicensed Personnel › §16-5O-8. Withdrawal of Authorization

The registered professional nurse who monitors or supervises the facility staff members authorized to administer medication or perform health maintenance tasks may withdraw authorization for a facility staff member if the nurse determines that the facility staff member is not performing medication administration or health maintenance tasks in accordance with the training and written instructions. The withdrawal of the authorization shall be documented and relayed to the facility and the department in order to remove the facility staff member from the list of authorized individuals. The department shall maintain a list of the names of persons whose authorization to administer medication or perform health maintenance tasks has been withdrawn, and the reasons for withdrawal of authorization. The list may be accessed by registered professional nurses or facilities.
2023 West Virginia Code › Chapter 16. Public Health › Article 5O. Medication Administration by Unlicensed Personnel › §16-5O-10. Limitations on Medication Administration or Performance of Health Maintenance Tasks

The following limitations apply to the administration of medication or performance of health maintenance tasks by facility staff members:
(a) Injections or any parenteral medications may not be administered, except that prefilled insulin or insulin pens may be administered;
(b) Irrigations or debriding agents used in the treatment of a skin condition or minor abrasions may not be administered;
(c) No verbal medication orders may be accepted, no new medication orders shall be transcribed and no drug dosages may be converted and calculated;
(d) No medications ordered by the health care professional to be given "as needed" may be administered unless the order is written with specific parameters which preclude independent judgment; and,
(e) Health maintenance tasks for the performance of tracheostomy care and ventilator care is not permitted in an intermediate care facility for individuals with an intellectual disability, assisted living, behavioral health group home, private residence where the resident is not residing with family and/or natural supports.
2023 West Virginia Code › Chapter 16. Public Health › Article 5O. Medication Administration by Unlicensed Personnel › §16-5O-12. Advisory Committee

(a) There is continued an advisory committee to assist with the development of polices and procedures regarding health maintenance care in order to safeguard the well-being and to preserve the dignity of persons who need assistance to live in their communities and avoid institutionalization.
(b) (1) The advisory committee shall consist of eleven voting members as follows:
(A) The Olmstead Coordinator within the department of Health and Human Resources, Office of Inspector General;
(B) One physician with expertise in respiratory medicine to be chosen by the West Virginia Board of Respiratory Care.
(C) A representative choosen by AARP West Virginia;
(D) A representative chosen by the West Virginia Statewide Independent Living Council;
(E) A representative chosen by the West Virginia Developmental Disabilities Council;
(F) A representative chosen by the West Virginia Board of Respiratory Care;
(G) A representative chosen by the West Virginia Society for Respiratory Care.
(H) One representative of the West Virginia Board of Examiners for Registered Professional Nurses;
(I) One representative of the West Virginia Nurses Association;
(J) One representative of the Fair Shake Network; and
(K) The Office Director of the Office of Health Facility Licensure and Certification.
(c) A chairman shall be selected from the voting members of the advisory committee.
(d) The advisory committee shall meet at least four times annually, upon the call of the chairman, or at the request of the authorizing agency. A simple majority of the members shall constitute a quorum.
(e) All members of the committee shall be reimbursed reasonable expenses pursuant to the rules promulgated by the Department of Administration for the reimbursement of expenses of state officials and employees and shall receive no other compensation for their services.
2023 West Virginia Code › Chapter 16. Public Health › Article 5P. Senior Services › §16-5P-3. Definitions

(a) "Bureau" means the Bureau of Senior Services.
(b) "Care management" means the planning, arrangement for and coordination of appropriate community-based, in-home services and alternative living arrangements for the frail elderly, disabled or terminally ill.
(c) "Care services" means housekeeping, personal care, chore, escort/transportation, meals, in-home nursing, day care and/or respite services.
(d) "Commissioner" means the commissioner of the Bureau of Senior Services.
(e) "Community care" means a system of community-based, in-home services and alternative living arrangements which provide a full range of preventive, maintenance and restorative services for the frail elderly, disabled or terminally ill.
(f) "Comprehensive assessment" means the assessment of needs, counseling in the development of a case plan, arrangements for services and on-going monitoring of the frail elderly, disabled or terminally ill.
(g) "Continuum of care" means a system of services which has a primary emphasis on in-home care and community service and which includes services such as nursing, medical, transportation and other health and social services available to an individual in an appropriate setting over an extended period of time.
(h) "Council" means the West Virginia council on aging.
(i) "Disabled" for the purposes of this act means a person who has temporary or permanent impairments which require services within the continuum of care.
(j) "Frail elderly" for the purposes of this act means any person sixty years of age or older, with limitations which restrict the person's ability to perform the normal activities of daily living.
(k) "Senior", "Elderly" or "Aging" means any person sixty years of age or older as defined by the term "older individual" in the Older American's Act of 1965 as amended.
(l) "Sliding fee scale" means a fee for services provided based on an individual client's ability to pay.
2023 West Virginia Code › Chapter 16. Public Health › Article 5P. Senior Services › §16-5P-4. Appointment of Commissioner; Term of Office; Reporting; Qualifications; Oath

(a) There is hereby established the Bureau of Senior Services. As of the effective date of this article, all references to the commission on aging shall be construed to mean the Bureau of Senior Services.
(b) The bureau shall be under the supervision of a commissioner of the Bureau of Senior Services. The commissioner shall be appointed by the Governor, with the advice and consent of the Senate, and shall hold office subject to the will and pleasure of the Governor. The commissioner shall be selected with consideration to training and experience in senior issues.
(c) The commissioner shall devote his or her entire time to the duties of his or her office, and may not be a candidate for nor hold any other public office or trust nor be a member of a political committee.
(d) The commissioner, before entering upon the duties of office, shall take and subscribe to the oath prescribed by article IV, section five of the state Constitution. The oath shall be filed with the Secretary of State.
(e) The commissioner shall report directly to the Governor or the Governor's designee.
2023 West Virginia Code › Chapter 16. Public Health › Article 5P. Senior Services › §16-5P-5. Compensation; Traveling Expenses

The Commissioner of the Bureau of Senior Services shall receive an annual salary as provided in section two-a, article seven, chapter six of this code and the necessary traveling expenses incident to the performance of his or her duties. Requisition for traveling expenses shall be accompanied by a sworn itemized statement which shall be filed with the Auditor and preserved as a public record.
2023 West Virginia Code › Chapter 16. Public Health › Article 5P. Senior Services › §16-5P-6. Powers and Duties Generally

The commissioner shall be the executive and administrative head of the bureau and shall have the power and duty to:
(a) Exercise general supervision of the bureau;
(b) Propose legislative rules for the effective and expeditious performance and discharge of the duties and responsibilities placed upon the commissioner by law;
(c) Conduct and coordinate studies of the problems of the state's older people;
(d) Encourage and promote the establishment of local programs and services for the aging;
(e) Conduct programs of public education on the problems of the aging;
(f) Review state programs for the aging, and annually make recommendations to the Governor and the Legislature;
(g) Encourage and assist governmental and private agencies to coordinate effective efforts on behalf of the aging;
(h) Coordinate statewide local and voluntary efforts to serve the aging and develop programs at the local level;
(i) Supervise fiscal management and responsibilities of the bureau;
(j) Keep an accurate and complete record of all bureau proceedings, record and file all bonds and contracts and assume responsibility for the custody and preservation of all papers and documents of the bureau;
(k) Submit an annual report to the Governor on the condition, operation and functioning of the bureau;
(l) Invoke any legal or special remedy for the enforcement of orders or the provisions of this chapter;
(m) Standardize administration, expedite bureau business, revise rules and promote the efficiency of the service;
(n) Provide a program of continuing professional, technical and specialized instruction for the personnel of the bureau and local service providers; and
(o) Receive on behalf of the state any grant or gift and accept the same, so that the title shall pass to the state. All moneys from grants or gifts shall be deposited with the State Treasurer in a special fund and shall be used for the purposes set forth in the grant or gift.
2023 West Virginia Code › Chapter 16. Public Health › Article 5P. Senior Services › §16-5P-7. Creation and Composition of the West Virginia Council on Aging; Terms of Citizen Representative; Vacancies; Officers; Meetings

(a) There is hereby created the West Virginia council on aging, which shall be composed of five government members and ten citizen members, and shall serve as an advisory board to the commissioner.
(b) The five government members shall be: (1) The director of the division of health; (2) the director of the bureau of medical services; (3) one administrator designated by the secretary of the Department of Health and Human Resources; (4) one administrator designated by the superintendent of the West Virginia state police; and (5) the director of the Division of Rehabilitation Services.
(c) The citizen members shall be appointed by the Governor with the advice and consent of the Senate. No more than five of the citizen members shall belong to the same political party, and no more than six members shall be of the same gender. The members shall be selected in a manner to provide balanced geographical distribution.
(d) The designated administrators and the citizen representatives of the council shall be appointed for terms of four years each, and shall serve until their successors are appointed and qualified. The citizen representatives appointed to staggered terms pursuant to section two, article fourteen, chapter twenty-nine of this code to the state commission on aging shall continue to serve the remainder of their term or until their successors are appointed and qualified.
(e) A majority of the members of the council shall constitute a quorum for the transaction of business. The council shall elect a chair, a vice-chair, and such other officers as it deems necessary. The council shall meet at least two times each year. Each government representative shall designate a person with the authority to attend meetings and act on behalf of the government representative, who shall be considered a member of the council for the purpose of obtaining a quorum for the transaction of business.
2023 West Virginia Code › Chapter 16. Public Health › Article 5P. Senior Services › §16-5P-9. Programs and Services for the Aging

(a) The bureau may establish local programs of services for the aging as needed throughout the state. Insofar as possible, services shall be designed to foster continued participation of older people in family and community life and to avoid or postpone the onset of dependency and the need for long-term care.
(b) Any allocations by the bureau of appropriations for local programs may be made contingent upon local appropriations or gifts in money or in kind for the support of such programs. The county commission of any county or governing body of any municipality in this state may appropriate and expend money for establishing and maintaining programs. Funds appropriated by the county commission or by the governing body of any municipality in this state may be contributed from time to time to any committee or organization approved by the bureau for the purposes authorized by this section.
(c) The bureau as provided hereunder may receive and expend funding, including the state's share of federal funds, designated for the construction, acquisition and renovation of senior centers.
(d) The Legislature may appropriate funds on a matching basis or funds from any other source to be used for the purposes stated in this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 5P. Senior Services › §16-5P-11. Prevention of Crimes Against the Elderly

(a) It is the intent of the Legislature that all state agencies cooperate with the bureau and the State Police in carrying out the provisions of this section.
(b) In planning and developing programs and recommendations relating to the prevention of crime and the fear of crime, including fraud, against elderly persons, the bureau shall, within existing appropriations, evaluate the need for new or improved programs, including:
(1) Public education and awareness;
(2) Community coordination in areas of social services and criminal justice;
(3) Voluntary involvement of elderly persons and retired professionals in the criminal justice system;
(4) Victim and witness assistance;
(5) Reduction of the economic and physical consequences of crime against the elderly; and
(6) Reduction of isolation of the elderly in the community.
(c) State agencies shall cooperate with and assist the bureau, within their available resources, in gathering statistical data and implementing programs which have the potential to prevent crime against elderly persons.
2023 West Virginia Code › Chapter 16. Public Health › Article 5P. Senior Services › §16-5P-12. Designated State Agency for Handling Federal Programs

The bureau shall constitute the designated state agency for handling all programs of the federal government relating to the aging requiring action within the state, which are not the specific responsibility of another state agency under the provisions of federal law or which have not been specifically entrusted to another state agency by the Legislature. The bureau shall be empowered to comply with all regulations and requirements to qualify for federal grants and to administer such federal funds.
2023 West Virginia Code › Chapter 16. Public Health › Article 5P. Senior Services › §16-5P-13. Records and Files, Existing Programs and Contracts; Rules

(a) All records, files and other property belonging to the West Virginia commission on aging pursuant to article fourteen, chapter twenty-nine of this code shall be turned over to the bureau herein created and shall be continued as part of the records, files and other property thereof.
(b) All contracts, programs and agreements entered into or offered by the state commission on aging prior to the effective date of this statute shall continue in legal force and effect under the Bureau of Senior Services.
(c) All existing rules promulgated by the state commission on aging shall remain in effect and be administered and interpreted by the commissioner until such time as they are revoked or modified.
2023 West Virginia Code › Chapter 16. Public Health › Article 5P. Senior Services › §16-5P-15. Establishment of In-Home Care Registry

(a) There is continued within the Bureau of Senior Services an in-home care worker registry which is to be maintained by the bureau. The purpose of the registry is to provide the public a list of in-home care workers, along with their qualifications, who voluntarily agree to be included and who have obtained a criminal background check.
(b) "In-home care worker" means an unlicensed person who provides personal care or other services and supports to persons with disabilities or to the elderly in order to enhance their well-being and which involves face-to-face direct contact with the person. Functions performed may include, but are not limited to, assistance and training in activities of daily living, personal care services, and job-related supports.
(c) The bureau shall propose rules for legislative approval during the 2014 legislative session in accordance with the provisions of article three, chapter twenty-nine-a of this code to establish the following:
(1) The registry of in-home care workers;
(2) The requirements for inclusion on the registry as an "in-home care worker", including educational attainment;
(3) A fee schedule: Provided, That the Commissioner of the Bureau of Senior Services shall waive the initial registration fee for the first sixty days the registration is active;
(4) Requiring an applicant to obtain a state or federal criminal background check, as determined in legislative rule by the bureau;
(5) How a person obtains information from the registry; and
(6) Any other requirement necessary to implement the provisions of this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 5Q. The James "Tiger" Morton Catastrophic Illness Fund › §16-5Q-1. Creation of the James "Tiger" Morton Catastrophic Illness Fund

Moneys in the fund created in the State Treasury, designated the "James >Tiger' Morton Catastrophic Illness Fund" shall be distributed in accordance with the provisions of this article. The purpose of this fund is to provide a source of economic assistance to the citizens of this state facing catastrophic illness. In addition to any funds appropriated by the Legislature, the Tiger Morton Fund may receive donations of cash or property from other sources, including gifts, grants, or donations from any source whatsoever. After appropriation by the Legislature, the catastrophic illness commission may make expenditures from the fund as necessary to accomplish the purposes of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 5R. The Alzheimer's Special Care Standards Act › §16-5R-2. Findings and Declarations

The Legislature finds and declares that:
(a) Certain nursing homes and related facilities, adult congregate living facilities, adult day care centers, hospices and adult foster homes claim to provide special care units and services for persons who have alzheimer's disease;
(b) It is in the public interest to provide for the protection of consumers by ensuring the accuracy and authenticity of such claims; and
(c) The provisions of this article are intended to require the facilities to actually provide the care they claim to offer, require written disclosure of special services provided, require the appropriate state licensing agency to examine the performance of such facilities in providing special services for persons who have alzheimer's disease, and provide penalties for failure to provide the services claimed as the agency considers appropriate.
2023 West Virginia Code › Chapter 16. Public Health › Article 5R. The Alzheimer's Special Care Standards Act › §16-5R-3. Definition of Alzheimer's Special Care Unit/program

For the purposes of this article, the following definitions apply:
(a) "Alzheimer's disease" means a diagnosis of presenile dementia or senile dementia-Alzheimer type (SDAT), characterized by confusion, memory failure, disorientation, restlessness, agnosia, speech disturbances, inability to carry out purposeful movements and hallucinosis.
(b) "Alzheimer's Special Care Unit or Program," means any facility that secures, segregates or provides a special program or special unit for residents with a diagnosis of probable alzheimer's disease or a related disorder and that advertises, markets or otherwise promotes the facility as providing specialized alzheimer's or dementia care services.
(c) "Department" means the Department of Health and Human Resources.
(d) "Facility" means any nursing home or facility, residential board and care home, personal care home, assisted living facility, adult congregate living facility, home health agency, adult day care center, hospice or adult foster home situate or operating in this state.
(e) "Resident" means an individual living in a facility that offers an alzheimer's special care unit or program.
(f) "Secretary" means the secretary of the Department of Health and Human Resources.
2023 West Virginia Code › Chapter 16. Public Health › Article 5R. The Alzheimer's Special Care Standards Act › §16-5R-4. Alzheimer's Special Care Disclosure Required

(a) Any facility which offers to provide or provides care for a person with alzheimer's disease through an alzheimer's special care unit or special care program shall disclose in writing the form of care or treatment that distinguishes the unit or program as being especially applicable to or suitable for such persons. The disclosure shall be provided to the Department of Health and Human Resources, to any person seeking placement within an alzheimer's special care unit or program, and to any legal guardian or relative acting on behalf of a resident or person seeking placement.
(b) The Department of Health and Human Resources shall examine all disclosures provided to it as part of the facility's license renewal procedure and verify the accuracy of the disclosures.
(c) The disclosure required by this section shall include the following information:
(1) A statement of the overall treatment philosophy and mission of the special care unit or program which reflects the needs of residents afflicted with alzheimer's disease or dementia;
(2) A description of the facility's screening, admission and discharge procedures, assessment, care planning and implementation, staffing patterns and training ratios unique to the program or unit;
(3) A description of the physical environment and design features and an explanation of how they are appropriate to support the functioning of cognitively impaired adult residents;
(4) A description of activities available to residents, the frequency and types of resident activities, and how they are specialized for residents who suffer from alzheimer's disease;
(5) A statement that describes the involvement of families in the care of residents and the availability of family support programs;
(6) The costs of care and any additional fees unique to the alzheimer's special care unit or program.
2023 West Virginia Code › Chapter 16. Public Health › Article 5R. The Alzheimer's Special Care Standards Act › §16-5R-5. Standards for Care; Rules

(a) The secretary shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, setting minimum standards for the care and treatment of persons with alzheimer's disease and other dementia in facilities offering alzheimer's special care units or programs.
(b) The standards established pursuant to this section shall apply to all facilities offering alzheimer's special care units or program and shall be in addition to any other statutory requirements, rules or standards that are applicable to the facility.
(c) The secretary shall enforce the rules and standards for alzheimer's special care units or programs and shall exercise all powers necessary for such enforcement, including investigation and reporting of violation of the rules, issuance of notices or warnings to facilities found in violation of the standards, assessment of civil penalties in accordance with the applicable licensing provisions of the facility, and suspension or revocation of licenses.
(d) If a facility advertising, marketing or otherwise promoting the facility as providing specialized alzheimer or dementia care services does not meet the standards established by the secretary, the department shall instruct the facility to cease such advertising, marketing or promoting.
2023 West Virginia Code › Chapter 16. Public Health › Article 5R. The Alzheimer's Special Care Standards Act › §16-5R-6. Alzheimer's and Dementia Care Training; Rules

(a) For the purposes of this section, "resident" means an individual receiving care or services in an adult day care facility, nursing home, assisted living facility or residential care community.
(b) The Secretary shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-s of this code, setting minimum standards for Alzheimer's and dementia care training of all staff, employees and contractors that come in regular and direct contact with residents.
(c) The standards established in this section shall apply to adult day care facilities, nursing homes, assisted living facilities and residential care communities who provide services under the supervision of a licensed operator.
2023 West Virginia Code › Chapter 16. Public Health › Article 5R. The Alzheimer's Special Care Standards Act › §16-5R-7. Establishment of a Central Registry

(a) To the extent funds are available, the Governing Board of the West Virginia University shall establish an Alzheimer's Disease Registry to collect information concerning Alzheimer's disease and related disorders. The purpose of the registry shall be to provide a central database of information to assist in the development of public policy and planning. The information collected by the registry shall be analyzed to prepare reports and perform studies as necessary when such data identifies information useful in developing policy.
(b) All reporting sources, including hospitals, physicians, facilities, clinics or other similar units diagnosing or providing treatment or care for Alzheimer's disease and related disorders, shall provide a report of each case to the Alzheimer's Disease Registry in the format specified.
(c) All information reported pursuant to this section is confidential and shall be used only for the purposes set forth herein. A report provided to the Alzheimer's Disease Registry that discloses the identity of the individual being treated shall only be released in accordance with the provisions of the Health Insurance Portability and Accountability Act of 1996. No liability of any kind or character for damages or other relief shall arise or be enforced against any reporting source by reason of having provided the information or material to the Alzheimer's Disease Registry.
(d) The governing board shall propose rules pursuant to the provisions of article three, chapter twenty-nine-a of this code to implement this section. The rules shall include, but not be limited to: (1) The content and design of all forms and reports required by this section; (2) the type of information to be collected and maintained; (3) the procedures for disclosure of nonidentifying data to other appropriate research entities; (4)the manner in which reporting entities or individuals, including families, may be contacted by the registry for additional relevant information; and (5) any other matter necessary to the administration of this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 5S. Older West Virginians Act › §16-5S-2. Purpose and Objectives

(a) The purpose of this article is to provide guidance and assistance in the development of new or improved activities and programs to help older West Virginians maintain independence, honor and dignity, within available federal and state funds.
(b) This article establishes an array of services which are to be provided at a no cost or at a reasonable cost for senior citizens: Provided, That nothing in this article may be construed to require the provision of any service by the bureau. The service packages shall be prioritized first to in-home, community based clients to enable them to remain independent for as long as possible in local settings. Second level priority services shall be those which are preventive and supportive in nature.
(c) Management practice shall integrate programs with service providers and service options through a statewide delivery system.
(d) Programs shall recognize the strengths of the older population, especially in the areas of volunteerism and leadership, to improve the status of all older individuals in West Virginia.
2023 West Virginia Code › Chapter 16. Public Health › Article 5S. Older West Virginians Act › §16-5S-3. Definitions

For the purpose of this article:
(a) "Aging network" means the network of the Bureau of Senior Services, area agencies on aging, and local providers of direct services to older individuals;
(b) "Bureau" refers to the Bureau of Senior Services;
(c) "Commissioner" refers to the commissioner of the Bureau of Senior Services;
(d) "Focal point" means a facility established to encourage the maximum collocation and coordination of services for older individuals;
(e) "Older individual" or "older West Virginian" or "senior" or "senior citizen" means an individual who is sixty years of age or older;
(f) "State agency" refers to the Bureau of Senior Services.
2023 West Virginia Code › Chapter 16. Public Health › Article 5S. Older West Virginians Act › §16-5S-4. Powers and Duties of the Commissioner

For purposes of this article, the commissioner shall have the powers and duties set forth in section six, article five-p of this chapter. In addition, the commissioner shall ensure the bureau fulfills the requirements of section twelve, article five-p of this chapter, relating to federal government programs.
2023 West Virginia Code › Chapter 16. Public Health › Article 5S. Older West Virginians Act › §16-5S-5. Powers and Duties of the Bureau of Senior Services

The bureau shall be the designated state agency to:
(a) Develop and administer the state plan as required by the federal administration on aging;
(b) Be the primary agency responsible for the planning, policy development, administration, coordination, priority setting and evaluation of activities related to this article;
(c) Serve as an effective and visible advocate for older West Virginians;
(d) Divide the state into distinct planning and service areas and designate for each area a public or private nonprofit agency or organization as the area agency on aging as required by the federal administration on aging;
(e) Provide technical assistance and information to area agencies on aging and local service providers as appropriate and conduct monitoring of area agencies on aging to ensure compliance with applicable rules, regulations and standards;
(f) Maintain client and service data using a standardized computer client tracking system through which all providers shall report required information;
(g) Maintain letters of agreement with the state Department of Health and Human Resources to provide program operations of the personal care and aged and disabled waiver programs; and
(h) Maintain a registry of companies and organizations that provide free medications or provide assistance to persons in securing medications, and make this information available to consumers through all local senior programs.
2023 West Virginia Code › Chapter 16. Public Health › Article 5S. Older West Virginians Act › §16-5S-6. Area Agencies on Aging

The area agencies on aging designated by the bureau shall be charged with the following:
(a) Prepare and develop an area plan in a format provided by the bureau and as required by the federal administration on aging;
(b) Enter into agreements and contracts with local service providers for the provision of supportive services and nutrition services funded through the federal administration on aging;
(c) Designate, where feasible, a focal point for service delivery in each community;
(d) Establish an advisory council in accordance with the requirements of the federal administration on aging;
(e) Serve as an effective and visible advocate for older West Virginians; and
(f) Provide appropriate technical assistance and information to local service providers and conduct monitoring of local service providers to ensure compliance with applicable rules, regulations and standards.
2023 West Virginia Code › Chapter 16. Public Health › Article 5S. Older West Virginians Act › §16-5S-7. Local Service Providers

(a) Service providers who offer "Older West Virginians Act" and related services funded through the federal administration on aging shall:
(1) Determine the needs of seniors in the particular geographic area covered by gaining input from the seniors themselves, their families and care givers;
(2) Develop a plan of service based on the needs of the seniors in a format provided by the area agency;
(3) Provide supportive services, nutrition services and senior centers which shall, within available funding, meet the identified needs of seniors;
(4) Serve as an effective and visible advocate for older West Virginians; and
(5) Participate in the bureau's client tracking system.
(b) Service providers who offer Medicaid reimbursed services shall:
(1)Comply with appropriate Medicaid regulations and policies including provider agreements, program manuals and program instructions;
(2) Maintain client files, provider information and report as required for the determination of compliance with established program standards as determined by the bureau for medical services; and
(3) Participate in the bureau's client tracking system.
2023 West Virginia Code › Chapter 16. Public Health › Article 5S. Older West Virginians Act › §16-5S-8. Supportive Services

Supportive services funded through the federal administration on aging for older West Virginians may include, but are not limited to: Adult day care, assessment, assisted transportation, care training, chore, counseling, discount, home repair, housing assistance, information and assistance, instruction/training, legal assistance, letter/writing, reading, material aid, nutrition education, outreach, telephoning, transportation and visiting, all as defined by the bureau and the federal administration on aging.
2023 West Virginia Code › Chapter 16. Public Health › Article 5S. Older West Virginians Act › §16-5S-9. Nutrition Services

All congregate meals and home delivered meals shall contain one third of the recommended daily allowance for vitamins and minerals. Congregate meal sites may include senior centers, community buildings, schools, churches and elderly housing complexes. Home delivered meals are to be delivered to eligible individuals, in accordance with guidelines and standards established by the bureau and the federal administration on aging.
2023 West Virginia Code › Chapter 16. Public Health › Article 5S. Older West Virginians Act › §16-5S-9a. Shared Table Initiative for Senior Citizens

(a) The Legislature finds and determines that:
(1) The enactment of 18-5D-5 of this code, creating the shared table initiative in West Virginia Schools has been a major success;
(2) Shared table initiatives can be successful in other settings;
(3) Senior citizens are often some of our most vulnerable citizens; and
(4) There is no reason for food already produced by senior centers and other services aiding seniors to be wasted when that could help improve the living conditions of senior citizens in need.
(b) Therefore, the purpose of this section is to establish a statewide initiative to facilitate shared tables at senior centers and similar facilities where congregate meals are provided to seniors in need. The Bureau for Senior Services shall promulgate a rule in accordance with 29A-3B-1,
et seq.
of this code that provides guidelines to senior centers and other locations where congregate meals are provided to senior citizens on the management and distribution of excess food consistent with state and county health department and United States Food and Drug Administration requirements and guidelines for the distribution of excess food. The guidance policy at a minimum shall provide a list of food products and methodologies for distribution that include, but are not limited to:
(1) The types of foods that may be distributed;
(2) Methods of distribution to make excess food available;
(3) Methods of distributing excess food to persons or organizations providing food to seniors suffering from food insecurity; and
(4) Methods to otherwise donate excess food to persons or organizations providing food to persons or families suffering from food insecurity.
(c) The preparation, safety, and donation of food made available to senior citizens during a congregate meal and donated to a food bank or any other nonprofit charitable organization for distribution shall comply with and be thereby covered by the Good Samaritan Food Donation Act, 55-7D-1
et seq.
of this code.
(d) The methods of distributing excess food to senior citizens may include a sharing table where food service staff, senior citizens, and volunteers may return appropriate food items consistent with the promulgated rule to make those food items available to senior citizens during the day.
(e) The Bureau for Senior Services may coordinate with the State Department of Education to obtain best practices advice on implementation and the rules promulgated by the Bureau for Senior Services may require some or all locations where congregate meals are served to senior citizens to participate in the shared table initiative.
2023 West Virginia Code › Chapter 16. Public Health › Article 5S. Older West Virginians Act › §16-5S-11. Programs and Special Activities for Older West Virginians

(a) The bureau shall continue and maintain its long-term care ombudsman program codified in article five-l, chapter sixteen of this code. The bureau shall also design and implement programs for the benefit of older West Virginians relating to: Elder abuse, neglect and exploitation; elder rights and legal assistance; in-home personal care for Medicaid and nonMedicaid eligible senior citizens; direct services established by the legislative initiatives for the elderly (LIFE), senior health insurance network as established by the United States health care financing administration and a foster grandparent program as established by the corporation for national and community service.
(b) The bureau may sponsor the following special activities for older West Virginians: Governor's golden mountaineer program, a discount program for goods and services at participating merchants, an annual senior citizens conference providing educational and entertainment opportunities, a Governor's summit on aging, a silver haired Legislature and an annual senior day at the Legislature. The bureau may sponsor additional special activities as necessary.
2023 West Virginia Code › Chapter 16. Public Health › Article 5T. Office of Drug Control Policy › §16-5T-3. Reporting System Requirements; Implementation; Central Repository Requirement

(a) The Office of Drug Control Policy shall implement a program in which a central repository is established and maintained that shall contain overdose information via an appropriate information technology platform with secure access for the purpose of making decisions regarding the allocation of public health and educational resources. In implementing this program, the office shall consult with all affected entities, including law-enforcement agencies, health care providers, emergency response providers, pharmacies, and medical examiners.
(b) The program authorized by this section shall be designed to minimize inconvenience to all entities maintaining possession of the relevant information while effectuating the collection and storage of the required information.
2023 West Virginia Code › Chapter 16. Public Health › Article 5T. Office of Drug Control Policy › §16-5T-5. Promulgation of Rules

The Secretary of the Department of Health and Human Resources may propose rules for promulgation in accordance with article three, chapter twenty-nine-a of this code to implement the provisions of this section. The Legislature finds that for the purposes of section fifteen, article three, chapter twenty-nine-a of this code, an emergency exists requiring the promulgation of emergency rules to preserve the public peace, health, safety or welfare and to prevent substantial harm to the public interest.
2023 West Virginia Code › Chapter 16. Public Health › Article 5T. Office of Drug Control Policy › §16-5T-7. Enforcement

(a) The Office of Drug Control Policy may assess a civil penalty for violation of the reporting requirements set forth in 16-5T-4 of this code. If the Office of Drug Control Policy determines that an entity is in violation of the reporting requirements, then a civil penalty of not less than $500 no more than $1000 per occurrence may be assessed.