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2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 16. Public Health › Article 5B. Hospitals and Similar Institutions › §16-5B-13. Hospital-Based Paternity Program

(a) Every public and private hospital licensed pursuant to section two of this article and every birthing center licensed pursuant to section two, article two-e of this chapter, that provides obstetrical services in West Virginia shall participate in the hospital-based paternity program.
(b) The Bureau for Child Support enforcement as described in article eighteen, chapter forty-eight of this code shall provide all public and private hospitals and all birthing centers providing obstetric services in this state with:
(1) Information regarding the establishment of paternity;
(2) An acknowledgment of paternity fulfilling the requirements of subsection (i), section twelve, article five, chapter sixteen of this code; and
(3) The telephone contact number for the Bureau for Child Support enforcement that a parent may call for further information regarding the establishment of paternity.
(c) Prior to the discharge from any facility included in this section of any mother who has given birth to a live infant, the administrator, or his or her assignee, shall ensure that the following materials are provided to any unmarried woman and any person holding out to be the natural father of the child:
(1) Information regarding the establishment of paternity;
(2) An acknowledgment of paternity fulfilling the requirements of subsection (i), section twelve, article five, chapter sixteen of this code; and
(3) The telephone contact number for the Bureau for Child Support enforcement that a parent may call for further information regarding the establishment of paternity.
(d) The Bureau for Child Support enforcement shall notify the state department of health of any failure of any hospital or birthing center to conform with the requirements of this section.
(e) Any hospital or birthing center described in this article should provide the information detailed in subsection (c) of this section at any time when such facility is providing obstetrical services.
2023 West Virginia Code › Chapter 16. Public Health › Article 5B. Hospitals and Similar Institutions › §16-5B-14. Rural Emergency Hospital Act

(a) Definitions As used in this section:
(1) "Critical Access Hospital" means a hospital that has been deemed eligible and received designation as a critical access hospital by the Centers for Medicare and Medicaid Services (CMS).
(2) "Rural Emergency Hospital" means a facility that:
(A) Was a critical access hospital;
(B) Does not provide acute care inpatient services; and
(C) Provides, at a minimum, rural emergency hospital services.
(3) "Rural Emergency Hospital Services" means emergency department services and
observation care furnished by a rural emergency hospital that does not exceed an annual per patient average of 24 hours in such rural emergency hospital.
(4) "Staffed Emergency Department" means an emergency department of a rural emergency hospital that meets the following requirements:
(A) The emergency department is staffed 24 hours a day, 7 days a week; and
(B) A licensed physician, advanced practice registered nurse, clinical nurse specialist, or
physician assistant is available to furnish rural emergency hospital services in the facility 24 hours a day.
(b) A hospital located in an urban area (Metropolitan Statistical Areas (MSA) county), can be considered rural for the purposes of a designation as a critical access hospital pursuant to U.S.C. 1395i-4(c)(2) if it meets the following criteria:
(1) Is enrolled as both a Medicaid and Medicare provider and accepts assignment for all
Medicaid and Medicare patients;
(2) Provides emergency health care services to indigent patients;
(3) Maintains 24-hour emergency services; and
(4) Is located in a county that has a rural population of 50 percent or greater as determined
by the most recent United States decennial census.
(c) A critical access hospital may apply to be licensed as a rural emergency hospital if:
(1) It has been designated as a critical access hospital for at least one year; and
(2) It is designated as a critical access hospital at the time of application for licensure as a rural emergency hospital.
(d) In addition to the requirements of subsection (c) of this section, rural emergency hospital shall, at a minimum:
(1) Provide rural emergency hospital services through a staffed emergency department;
(2) Treat all patients regardless of insurance status; and
(3) Have in effect a transfer agreement with a Level I or Level II trauma center.
(e) A rural emergency hospital may:
(1) With respect to services furnished on an outpatient basis, provide other medical and
health services as specified by the secretary through rulemaking; and
(2) Include a unit of a facility that is a distinct part licensed as a skilled nursing facility to
furnish post-hospital extended care services.
(f) The department shall propose a rule for legislative approval in accordance with the provisions of 29A-3-1
et seq
. of this code to implement the provisions of this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 5B. Hospitals and Similar Institutions › §16-5B-15. Hospital Visitation

(a) A public or private hospital licensed pursuant to the provisions of section two of this article is required to permit patient visitation privileges for nonrelatives unless otherwise requested by the patient or legal designee. For purposes of this section, the term "legal designee" means and includes those persons eighteen years of age or older, appointed by the patient to make health care decisions for the patient pursuant to the provisions of section six, article thirty of this chapter.
(b) It is the intent of the Legislature that this section facilitate a patient's visitation with nonrelative individuals, and may not, in any way, restrict or limit allowable uses and disclosures of protected health information pursuant to the Health Insurance Portability and Accountability Act, 42 U.S.C. §1320d-2 and the accompanying regulations in 45 CFR 164.500.
(c) No provision of this section may be construed to prevent a hospital from otherwise restricting visitation privileges in order to prevent harm to the patient or disruption to the facility.
2023 West Virginia Code › Chapter 16. Public Health › Article 5B. Hospitals and Similar Institutions › §16-5B-16. Public Notice Regarding the Closure of a Licensed Health Care Facility or Hospital

(a) Any hospital, extended care facility operated in connection with a hospital, ambulatory health care facility, or ambulatory surgical facility freestanding or operated in connection with a hospital licensed in the State of West Virginia under this article that intends to terminate operations shall provide at least three weeks’ notice of such intent to the public prior to the actual termination of operations. Pursuant to the provisions of §59-3-1
et seq.
of this code, the hospital or facility shall cause a Class III legal advertisement to be published in all qualified newspapers of general circulation where the hospital or facility is geographically located and a notice shall be published on the facility’s web page within the same time frame. The first publication of the Class III legal advertisement shall occur at least three weeks prior to the date the hospital or facility intends to terminate operations. The Class III legal advertisement shall include, but is not limited to, a statement, along with the specific or proximate date, that the hospital, extended care facility operated in connection with a hospital, ambulatory health care facility, or ambulatory surgical facility freestanding or operated in connection with a hospital, intends to terminate operations, and where medical records, including, but not limited to, all imaging studies may be obtained.
(b) Upon closure, the hospital or facility shall cause a Class III legal advertisement to be published in all qualified newspapers of general circulation where the hospital or facility is geographically located informing the public where medical records, including, but not limited to, all imaging studies may be obtained. This notice shall include contact information. A notice shall also be placed on the facility web page.
(c) The hospital or facility shall respond to requests for medical records made pursuant to the publication requirements in this section within 30 days.
(d) A notification of any change in location of the patients’ medical records shall be published in a newspaper of general circulation as set forth in subsection (a) of this section. The confidentiality of the medical records shall be maintained during storage.
(e) If the facility fails to produce the requested records within 30 days, a penalty of $25 per day may be assessed by a court with jurisdiction.
(f) This section is effective retroactively to September 1, 2019, and continues in effect thereafter. The applicable penalties are only effective for requests for medical records made after the effective date of passage of this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-1. Purpose

It is the policy of this state to encourage and promote the development and utilization of resources to ensure the effective and financially efficient care and treatment of persons who are convalescing or whose physical or mental condition requires them to receive a degree of nursing or related health care greater than that necessary for well individuals. Such care and treatment require a living environment for such persons which, to the extent practicable, will approximate a normal home environment. To this end, the guiding principle for administration of the laws of the state is that such persons shall be encouraged and assisted in securing necessary care and treatment in noninstitutional surroundings. In recognition that for many such persons effective care and treatment can only be secured from proprietary, voluntary and governmental nursing homes it is the policy of this state to encourage, promote and require the maintenance of nursing homes so as to ensure protection of the rights and dignity of those using the services of such facilities.
The provisions of this article are hereby declared to be remedial and shall be liberally construed to effectuate its purposes and intents.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-4. Administrative and Inspection Staff

The secretary may, at such time or times as he or she may deem necessary, employ such administrative employees, inspectors, or other persons as may be necessary to properly carry out the provisions of this article. All employees of the department shall be members of the state civil service system and inspectors shall be trained to perform their assigned duties. Such inspectors and other employees as may be duly designated by the secretary shall act as the secretarys representatives and, under the direction of the secretary, shall enforce the provisions of this article and all duly promulgated regulations and, in the discharge of official duties, shall have the right of entry into any place maintained as a nursing home.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-7. Cost Disclosure; Surety for Resident Funds

(a) Each nursing home shall disclose in writing to all residents at the time of admission a complete and accurate list of all costs which may be incurred by them; and shall notify the residents 30 days in advance of changes in costs. The nursing home shall make available copies of the list in the nursing homes business office for inspection. Residents may not be liable for any cost not so disclosed.
(b) If the nursing home handles any money for residents within the facility, the licensee or his or her authorized representative shall either: (1) Give a bond; or (2) obtain and maintain commercial insurance with a company licensed in this state in an amount consistent with this subsection and with the surety as the secretary shall approve. The bond or insurance shall be upon condition that the licensee shall hold separately and in trust all residents" funds deposited with the licensee; shall administer the funds on behalf of the resident in the manner directed by the depositor; shall render a true and complete account to the depositor and the secretary when requested, and at least quarterly to the resident; and upon termination of the deposit, shall account for all funds received, expended, and held on hand. The licensee shall file a bond or obtain insurance in a sum at least 1.25 times the average amount of funds deposited with the nursing home during the nursing homes previous fiscal year.
This insurance policy shall specifically designate the resident as the beneficiary or payee reimbursement of lost funds. Regardless of the type of coverage established by the facility, the facility shall reimburse, within 30 days, the resident for any losses directly and seek reimbursement through the bond or insurance itself. Whenever the secretary determines that the amount of any bond or insurance required pursuant to this subsection is insufficient to adequately protect the money of residents which is being handled, or whenever the amount of any such bond or insurance is impaired by any recovery against the bond or insurance, the secretary may require the licensee to file an additional bond or insurance in such amount as necessary to adequately protect the money of residents being handled.
The provisions of this subsection do not apply if the licensee handles less than $35 per resident per month in the aggregate. Nursing homes certified to accept payment by Medicare and Medicaid must meet the requirements for surety bonds as listed in the applicable federal regulations.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-8. Investigation of Complaints

(a) The secretary shall establish rules for prompt investigation of all complaints of alleged violations by nursing homes of applicable requirements of state law or rules, except for such complaints that the secretary determines are willfully intended to harass a licensee or are without any reasonable basis. Such procedures shall include provisions for ensuring the confidentiality of the complainant and for promptly informing the complaint and the nursing home involved of the results of the investigation.
(b) If, after its investigation, the secretary determines that the complaint has merit, the secretary shall take appropriate disciplinary action and shall advise any injured party of the possibility of a civil remedy.
(1) A nursing home or licensee adversely affected by an order or citation of a deficient practice issued pursuant to this section may request the independent informal dispute resolution process contained in §16-5C-12a of this code.
(2) No later than 20 working days following the last day of a complaint investigation, the secretary shall transmit to the nursing home a statement of deficiencies committed by the facility. Notification of the availability of the independent informal dispute resolution process and an explanation of the independent informal dispute resolution process shall be included in the transmittal.
(c) No nursing home may discharge or in any manner discriminate against any resident, legal representative, or employee for the reason that the resident, legal representative, or employee has filed a complaint or participated in any proceeding specified in this article. Violation of this prohibition by any nursing home constitutes ground for the suspension or revocation of the license of the nursing home as provided in §16-5C-11 and §16-5C-12 of this code. Any type of discriminatory treatment of a resident, legal representative, or employee by whom, or upon whose behalf, a complaint has been submitted to the secretary, or any proceeding instituted under this article, within 120 days of the filing of the complaint or the institution of such action, shall raise a rebuttable presumption that such action was taken by the nursing home in retaliation for such complaint or action.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-9. Inspections

The secretary and any duly designated employee or agent shall have the right to enter upon and into the premises of any nursing home at any time for which a license has been issued, for which an application for license has been filed with the secretary, or which the secretary has reason to believe is being operated or maintained as a nursing home without a license. If entry is refused by the owner or person in charge of the nursing home, the secretary may apply to the circuit court of the county in which the nursing home is located or the Circuit Court of Kanawha County for a warrant authorizing inspection to conduct the following inspections:
(1) An initial inspection prior to the issuance of a license pursuant to §16-5C-6 of this code;
(2) A license inspection for a nursing home, which shall be conducted at least once every 15 months, if the nursing home has not applied for and received an exemption from the requirement as provided for in this section;
(3) The secretary, by the secretarys authorized employees or agents, shall conduct at least one inspection prior to issuance of a license pursuant to §16-5C-6 of this code, and shall conduct periodic unannounced inspections thereafter, to determine compliance by the nursing home with applicable rules promulgated thereunder. All facilities shall comply with regulations of the State Fire Commission. The State Fire Marshal, by his or her employees or authorized agents, shall make all fire, safety, and like inspections. The secretary may provide for such other inspections as the secretary may deem necessary to carry out the intent and purpose of this article. Any nursing home aggrieved by a determination or assessment made pursuant to this section, shall have the right to an administrative appeal as set forth in §16-5C-12 of this code;
(4) A complaint inspection based on a complaint received by the secretary. If, after investigation of a complaint, the secretary determines that the complaint is substantiated, the secretary may invoke any applicable remedies available pursuant to §16-5C-11 of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-9a. Exemptions

(a) The secretary may grant an exemption from a license inspection if a nursing home was found to be in substantial compliance with the provisions of this chapter at its most recent inspection and there have been no substantiated complaints thereafter. The secretary may not grant more than one exemption in any two-year period.
(b) The secretary may grant an exemption to the extent allowable by federal law from a standard survey, only if the nursing home was found to be in substantial compliance with certification participation requirements at its previous standard inspection and there have been no substantiated complaints thereafter.
(c) The secretary may grant an exemption from periodic license inspections if a nursing home receives accreditation by an accrediting body approved by the secretary and submits a complete copy of the accreditation report. The accrediting body shall identify quality of care measures that assure continued quality care of residents. The secretary may not grant more than one exemption in any two-year period.
(d) If a complaint is substantiated, the secretary has the authority to immediately remove the exemption.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-12. License Denial, Limitation, Suspension, or Revocation

(a) The secretary shall deny, limit, suspend, or revoke a license issued if the provisions of this article or if the rules promulgated pursuant to this article are violated. The secretary may revoke a nursing homes license and prohibit all physicians and licensed disciplines associated with that nursing home from practicing at the nursing home location based upon an annual, periodic, complaint, verification, or other inspection and evaluation.
(b) Before any such license is denied, limited, suspended, or revoked, however, written notice shall be given to the licensee, stating the grounds for such denial, limitation, suspension, or revocation.
(c) An applicant or licensee has 10 working days after receipt of the order denying, limiting, suspending, or revoking a license to request a formal hearing contesting the denial, limitation, suspension, or revocation of a license under this article. If a formal hearing is requested, the applicant or licensee and the secretary shall proceed in accordance with the provisions of §29A-5-1 et seq. of this code.
(d) If a license is denied or revoked as herein provided, a new application for license shall be considered by the secretary if, when, and after the conditions upon which the denial or revocation was based have been corrected and evidence of this fact has been furnished. A new license shall then be granted after proper inspection, if applicable, has been made and all provisions of this article and rules promulgated pursuant to this article have been satisfied.
(e) If the license of a nursing home is denied, limited, suspended, or revoked, the administrator or owner or lessor of the nursing home property shall cease to operate the facility as a nursing home as of the effective date of the denial, limitation, suspension, or revocation. The owner or lessor of the nursing home property is responsible for removing all signs and symbols identifying the premises as a nursing home within 30 days. Any administrative appeal of such denial, limitation, suspension, or revocation shall not stay the denial, limitation, suspension, or revocation.
(f) Upon the effective date of the denial, limitation, suspension, or revocation, the administrator of the nursing home shall advise the secretary and the Board of Pharmacy of the disposition of all medications located on the premises. The disposition is subject to the supervision and approval of the secretary. Medications that are purchased or held by a nursing home that is not licensed may be deemed adulterated.
(g) The period of suspension for the license of a nursing home shall be prescribed by the secretary but may not exceed one year.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-13. Judicial Review

(a) Any applicant or licensee who is dissatisfied with the decision of the formal hearing as a result of the hearing provided for in §16-5C-12 of this code may, within 30 days after receiving notice of the decision, petition the Circuit Court of Kanawha County, in term or in vacation, for judicial review of the decision.
(b) The court may affirm, modify, or reverse the decision of the Board of Review and either the applicant, licensee, or secretary may appeal from the courts decision to the Supreme Court of Appeals.
(c) The judgment of the circuit court shall be final unless reversed, vacated, or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of §29A-6-1 et seq. of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-14. Legal Counsel and Services of the Department

(a) Legal counsel and services for the department in all administrative hearings may be provided by the Attorney General or a staff attorney and all proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General, or his or her assistants, or an attorney employed by the department in proceedings in any circuit court, by the prosecuting attorney of the county as well, all without additional compensation.
(b) The Governor may appoint counsel for the department, who shall perform such legal services in representing the interests of residents in nursing homes in matters under the jurisdiction of the secretary as the Governor shall direct. It shall be the duty of such counsel to appear for the residents in all cases where they are not represented by counsel. The compensation of such counsel shall be fixed by the Governor.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-18. Separate Accounts for Residents" Personal Funds; Consent for Use; Records; Penalties

(a) Each nursing home subject to the provisions of this article shall hold in a separate account and in trust each residents personal funds deposited with the nursing home.
(b) No person may use or cause to be used for any purpose the personal funds of any resident admitted to any such nursing home unless consent for the use thereof has been obtained from the resident or from a committee or guardian or relative.
(c) Each nursing home shall maintain a true and complete record of all receipts for any disbursements from the personal funds account of each resident in the nursing home, including the purpose and payee of each disbursement, and shall render a true account of such record to the resident or his or her representative upon demand and upon termination of the residents stay in the nursing home.
(d) Any person or corporation who violates any subsection of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000, or imprisoned in jail not more than one year, or both fined and imprisoned.
(e) Reports provided to review organizations are confidential unless inaccessibility of information interferes with the secretarys ability to perform his or her oversight function as mandated by federal regulations and this section.
(f) Notwithstanding §16-5C-18(b) of this code or any other provision of this code, upon the death of a resident, any funds remaining in his or her personal account shall be made payable to the person or probate jurisdiction administering the estate of said resident: Provided, That if after 30 days there has been no qualification over the decedent residents estate, those funds are presumed abandoned and are reportable to the State Treasurer pursuant to the West Virginia Uniform Unclaimed Property Act, §36-8-1 et seq. of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-19. Federal Law; Legislative Rules

Notwithstanding any provision in this code to the contrary, the department shall promulgate legislative rules, in compliance with the provisions of article three, chapter twenty-nine-a of this code, pertaining to nursing homes, when those rules are required for compliance with federal law or regulations. The rules may be filed as emergency rules.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-20. Hospice Palliative Care Required to Be Offered

(a) When the health status of a nursing home facility resident declines to the state of terminal illness or when the resident receives a physicians order for "comfort measures only", the facility shall notify the resident with information about the option of receiving hospice palliative care. If a nursing home resident is incapacitated, the facility shall also notify any person who has been given the authority of guardian, a medical power of attorney, or health care surrogate over the resident, information stating that the resident has the option of receiving hospice palliative care.
(b) The facility shall document that it has notified the resident, and any person who has been given a medical power of attorney or health care surrogate over the resident, information about the option of hospice palliative care and maintain the documentation so that the secretary may inspect the documentation, to verify the facility has complied with this section.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-21. Employment Restrictions

All personnel of a nursing home by virtue of ownership, employment, engagement, or agreement with a provider or contractor shall be subject to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act, §16-49-1 et seq. of this code and the rules promulgated pursuant thereto.
2023 West Virginia Code › Chapter 16. Public Health › Article 5C. Nursing Homes › §16-5C-22. Jury Trial Waiver to Be a Separate Document

(a) Every written agreement containing a waiver of a right to a trial by jury that is entered into between a nursing home and a person for the nursing care of a resident, must have as a separate and stand alone document any waiver of a right to a trial by jury.
(b) Nothing in this section may be construed to require a court of competent jurisdiction to determine that the entire agreement or any portion thereof is enforceable, unenforceable, conscionable, or unconscionable.
2023 West Virginia Code › Chapter 16. Public Health › Article 5D. Assisted Living Residences › §16-5D-1. Purpose

(a) It is the policy of this state to encourage and promote the development and utilization of resources to ensure the effective care and treatment of persons who are dependent upon the services of others by reason of physical or mental impairment who may require limited and intermittent nursing care, including those individuals who qualify for and are receiving services coordinated by a licensed hospice. Such care and treatment requires a living environment for such persons which, to the extent practicable, will approximate a normal home environment. To this end, the guiding principle for administration of the laws of the state is that such persons shall be encouraged and assisted in securing necessary care and treatment in noninstitutional surroundings.
(b) In recognition that for many such persons effective care and treatment can only be secured from proprietary, voluntary and governmental assisted living residences, it is the policy of this state to encourage, promote and require the maintenance of assisted living residences so as to ensure protection of the rights and dignity of those using the services of assisted living residences.
(c) The provisions of this article are hereby declared to be remedial and shall be liberally construed to effectuate its purposes and intents.
2023 West Virginia Code › Chapter 16. Public Health › Article 5D. Assisted Living Residences › §16-5D-4. Administrative and Inspection Staff

The secretary may, as he or she determines necessary, employ administrative employees, inspectors, or other persons as may be necessary to properly carry out the provisions of this article. All employees of the division will be members of the state civil service system. Inspectors and other employees as may be duly designated by the secretary will act as the secretary’s representatives and, under the direction of the secretary, will enforce the provisions of this article and all duly promulgated rules of the secretary and, in the discharge of official duties, will have the right of entry into any place maintained as an assisted living residence at any time.
2023 West Virginia Code › Chapter 16. Public Health › Article 5D. Assisted Living Residences › §16-5D-7. Cost Disclosure; Surety for Residents’ Funds

(a) Each assisted living residence shall disclose in writing to all prospective residents a complete and accurate list of all costs which may be incurred by them. Residents are not liable for any cost not so disclosed.
(b) If the assisted living residence handles any money for residents within the assisted living residence, the licensee or his or her authorized representative shall give a bond in an amount consistent with this subsection and with such surety as the secretary will approve. The bond shall be upon condition that the licensee shall hold separately and in trust all residents’ funds deposited with the licensee, shall administer the funds on behalf of the resident in the manner directed by the depositor, shall render a true and complete account to the depositor and the secretary when requested, and at least quarterly to the resident, and upon termination of the deposit, shall account for all funds received, expended, and held on hand. The licensee shall file a bond in a sum to be fixed by the secretary based upon the magnitude of the operations of the applicant, but which sum may not be less than $2,500.
(c) Every person injured as a result of any improper or unlawful handling of the money of a resident of an assisted living residence may bring an action in a proper court on the bond required to be posted by the licensee pursuant to this subsection for the amount of damage suffered as a result thereof to the extent covered by the bond. Whenever the secretary determines that the amount of any bond which is filed pursuant to this subsection is insufficient to adequately protect the money of residents which is being handled, or whenever the amount of any bond is impaired by any recovery against the bond, the secretary may require the licensee to file an additional bond in such amount as necessary to adequately protect the money of residents being handled.
(d) The provisions of §16-5D-7(b) of this code do not apply if the licensee handles less than $25 per resident and less than $500 for all residents in any month.
2023 West Virginia Code › Chapter 16. Public Health › Article 5D. Assisted Living Residences › §16-5D-8. Investigation of Complaints

(a) The secretary will establish, by rule, procedures for prompt investigation of all complaints of alleged violations by assisted living residences of applicable requirements of state law or rules, except for such complaints that the secretary determines are willfully intended to harass a licensee or are without any reasonable basis. Such procedures will include provisions for ensuring the confidentiality of the complainant and of any other person so named in the complaint and for promptly informing the complainant and the assisted living residence involved of the results of the investigation.
(b) If, after its investigation, the secretary determines that the complaint has merit, the secretary will take appropriate disciplinary action and will advise any injured party of the possibility of a civil remedy under this article.
(c) No assisted living residence may discharge or in any manner discriminate against any resident or employee for the reason that the resident or employee has filed a complaint or participated in any proceeding specified in this article. Violation of this prohibition by any assisted living residence constitutes grounds for the suspension or revocation of the license of the assisted living residence as provided in §16-5D-11 and §16-5D-12 of this code. Any type of discriminatory treatment of a resident or employee by whom, or upon whose behalf, a complaint has been submitted to the secretary, or any proceeding instituted under this article, within 120 days of the filing of the complaint or the institution of the action, shall raise a rebuttable presumption that the action was taken by the assisted living residence in retaliation for the complaint or action.
2023 West Virginia Code › Chapter 16. Public Health › Article 5D. Assisted Living Residences › §16-5D-9. Inspections

(a) The secretary and any duly designated employee or agent thereof will have the right to enter upon and into the premises of any assisted living residence at any time for which a license has been issued, for which an application for license has been filed with the secretary, or which the secretary has reason to believe is being operated or maintained as an assisted living residence without a license. If entry is refused by the owner or person in charge of the assisted living residence, the secretary will apply to the circuit court of the county in which the assisted living residence is located or the Circuit Court of Kanawha County for an administrative inspection warrant.
(b) The secretary, by the secretary’s authorized employees or agents, will conduct at least one inspection prior to issuance of a license pursuant to §16-5D-6 of this code and will conduct periodic unannounced inspections thereafter to determine compliance by the assisted living residence with applicable statutes and rules promulgated thereunder. All assisted living residences shall comply with rules of the State Fire Commission. The State Fire Marshal, by his or her employees or authorized agents, shall make all fire, safety, and like inspections. The secretary may provide for such other inspections as the secretary may deem necessary to carry out the intent and purpose of this article. If after investigating a complaint the secretary determines that the complaint is substantiated and that an immediate and serious threat to a resident’s health or safety exists, the secretary may invoke any remedies available pursuant to §16-5D-11 and §16-5D-12 of this code. Any assisted living residence aggrieved by a determination or assessment made pursuant to this section shall have the right to an administrative appeal as set forth in §16-5D-12 of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 5D. Assisted Living Residences › §16-5D-13. Judicial Review

(a) Any applicant or licensee or the secretary who is adversely affected by the decision as a result of the formal hearing provided for in §16-5D-12 of this code may, within 30 days after receiving notice of the decision, petition the Circuit Court of Kanawha County, in term or in vacation, for judicial review of the decision.
(b) The court may affirm, modify, or reverse the decision of the Board of Review and either the applicant, licensee, or the secretary may appeal from the court’s decision to the Supreme Court of Appeals.
(c) The judgment of the circuit court shall be final unless reversed, vacated, or modified on appeal to the Supreme Court of Appeals in accordance with the provisions of §29A-6-1 et seq. of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 5D. Assisted Living Residences › §16-5D-14. Legal Counsel and Services for the Secretary

(a) Legal counsel and services for the secretary in all administrative hearings and all proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General, his or her assistants or an attorney employed by the secretary in proceedings in any circuit court by the prosecuting attorney of the county as well, all without additional compensation.
(b) The Governor may appoint counsel for the secretary who shall perform such legal services in representing the interests of residents in assisted living residences in matters under the jurisdiction of the secretary as the Governor shall direct. It shall be the duty of such counsel to appear for the residents in all cases where they are not represented by counsel. The compensation of such counsel shall be fixed by the Governor.
2023 West Virginia Code › Chapter 16. Public Health › Article 5D. Assisted Living Residences › §16-5D-18. Separate Accounts for Residents' Personal Funds; Consent for Use; Records; Penalties

(a) Each assisted living residence subject to the provisions of this article shall hold in a separate account and in trust each resident's personal funds deposited with the assisted living residence.
(b) No person may use or cause to be used for any purpose the personal funds of any resident admitted to any assisted living residence unless consent for the use thereof has been obtained from the resident or from a committee or guardian or relative.
(c) Each assisted living residence shall maintain a true and complete record of all receipts for any disbursements from the personal funds account of each resident in the assisted living residence, including the purpose and payee of each disbursement, and shall render a true account of the record to the resident or his or her representative upon demand and upon termination of the resident's stay in the assisted living residence.
(d) Any person or corporation who violates any provision of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned in jail not more than one year, or both fined and imprisoned.
2023 West Virginia Code › Chapter 16. Public Health › Article 5E. Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes › §16-5E-1. Purpose

It is the policy of this state to encourage the availability of appropriate noninstitutional surroundings for the elderly and for the care of persons in need limited and intermittent of nursing care or personal assistance. The registration of providers of services to such residents in unlicensed homes will help to identify where the services are available and to ensure that individuals in unlicensed homes are receiving care appropriate to their needs.