reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
The following definitions of terms are in addition to those
				  in
W. Va. Code
§ 16-3C-1.
3.1. Anonymous HIV Testing - HIV testing
				performed on a voluntary patient by a health care provider with no knowledge of
				the person's identity.
3.2. Body
				Fluids - Substances that have been implicated in the transmission of HTV that
				include:
3.2.a. Blood, semen, vaginal
				secretions or other body fluids contaminated with visible blood; and
3.2.b. Cerebrospinal, oral, synovial,
				pleural, peritoneal, pericardial, and amniotic fluids, which have an
				undetermined risk for transmitting HIV.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-5 - Cease and Desist Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A cease
				and desist order issued under the authority of
W. Va. Code
§ 16-3C-2(f)(4) shall be in writing, and shall set forth the name of the
				person to be restricted, and the initial period of time during which the order
				remains effective, the terms of the restrictions and other conditions that are
				warranted to protect the public health.
5.2. If any person violates a cease and
				desist order issued pursuant to this rule and
W. Va. Code
§ 16-3C-2(f)(5) and the person is a danger to the health of others, the
				Commissioner shall apply to the circuit court of Kanawha County to enforce the
				cease and desist order by imposing any restrictions upon the person that are
				necessary to prevent the specific conduct which endangers the health of others,
				including pre-trial detention or incarceration.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-6 - Charting Information

Current through Register Vol. XLI, No. 28, July 12, 2024
A health care provider shall enter the confirmed positive
				  results of an HIV-related test in each patient's chart or in the patient's
				  electronic health record through the Health Information Exchange
				  (HIE).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-7 - Post-Exposure Care and Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A health facility shall have access to a
				knowledgeable trained health care provider to assess the HIV exposure risk of
				health care providers, emergency responders or other persons during all working
				hours, including nights and weekends. The assessment of HIV exposure risk and
				initiation of basic postexposure care regimen requires knowledge or experience
				in clinical epidemiology, infection control, occupational health, or the
				clinical treatment of HIV. Consultation with subject matter experts on the
				facility's currently accepted practice, when prescribing post-exposure
				prophylaxis, is strongly encouraged.
7.2. A health facility shall have a written
				post-exposure HIV management plan patterned after current recommendations of
				the United States Centers for Disease Control and Prevention (CDC).
7.3. A laboratory shall not determine a test
				result to be positive, and a health care provider shall not reveal a positive
				test result to any person, without conducting corroborating or confirmatory
				testing. However, a laboratory may release preliminary test results to the
				health care provider assessing the significant exposure for the purposes of
				determining post-exposure management of the health care provider, emergency
				responder or other person.
7.4.
				Health care providers shall report all confirmed positive test results to the
				Bureau in compliance with Section 12 of this rule.
7.5. The employer of a health care provider
				or emergency responder who was exposed while performing a duty of his or her
				employment shall bear the costs of HIV tests of blood or oral samples of the
				source patient and the health care provider or emergency responder, unless a
				workers' compensation or other benefit program affords coverage for the
				testing. For a health care provider or emergency responder who tested negative
				for HIV antibodies immediately following the exposure, the employer shall also
				bear the costs of the CDC's recommended initial prophylactic treatment and
				additional HIV testing at three and six months after exposure, unless a
				workers' compensation or other job-related employee benefit program affords
				coverage for the treatment and testing.
7.6. Relative to the management of source
				patient medical information, the health care provider or emergency responder
				reporting a significant exposure is subject to the requirements of the
				disclosure statement contained in
W. Va. Code
§
				16-3C-3(c) and to the remedies and penalties specified in
W. Va.
				Code
§ 16-3C-5.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-8 - Confidentiality and Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				The victims or alleged victims of sexual crimes are eligible for HIV counseling
				and testing at public health HIV testing sites in West Virginia. The provisions
				of this rule and
W. Va. Code
§ 16-3C-1
et
				seq.
regarding voluntary testing apply to testing and counseling of
				these persons. All victim testing information is subject to the confidentiality
				requirements of this rule and
W. Va. Code
§
				16-3C-1
et seq.
for voluntary testing.
8.2. An agent or employee of a health
				facility or health care provider has a need to know HIV test results under the
				provisions of
W. Va. Code
§ 16-3C-3(a)(4) when the
				information is medically necessary to protect the individual from a significant
				risk of transmission or will have an impact on the treatment
				modality.
8.3. HIV test results may
				be disclosed to health care providers, emergency responders or others who have
				been subject to a significant exposure during the course of medical practice or
				in the performance of professional duties. The health care provider or
				emergency responder is subject to the requirements of the disclosure statement
				contained in
W. Va. Code
§ 16-3C-3(c) and to the remedies
				and penalties provided in
W. Va. Code
§
				16-5C-5.
8.4. Solely for the
				purpose of prompt and accurate evaluation and payment of medical or related
				claims HIV test results may be disclosed to claims management personnel
				employed by or associated with an insurer, health care service contractor,
				health maintenance organization, self-funded health plan, state-administered
				health care claims payer or any other payer of health care claims. Information
				released under this subsection is confidential and shall not be released or
				made available to persons who are not involved in handling or determining
				medical claims payment.
8.5. HIV
				test results may be disclosed to facilitate health information exchanges and to
				legally authorized public health authorities.
8.6. HIV test results may be disclosed to
				persons allowed access to the record by a court order issued in accordance with
				the provisions of
W. Va. Code
§ 16-3C-3(11).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-9 - Contact and Partner Notification

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Notification made by the Commissioner
				under
W. Va. Code
§ 16-3C-3(d) shall include an
				explanation of exposure to HIV, HIV prevention messages and information on
				accessibility to HIV counseling and testing services to the contact with a
				reported HIV exposure. The confidentiality rules that apply to the names of
				HIV-infected persons shall apply to the names of their contacts.
9.2. In contact notification situations, the
				Bureau recommends that a private health care provider refer contact
				notification activities to the Bureau rather than attempt notification itself.
				The Bureau has an established program for notifying partners of persons with
				infectious conditions; including but not limited to the Internet Partner
				Services Protocol available at:
http://www.dhhr.wv.gov/oeps/std-hiv-hep
.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-10 - Consent by Legal Representative

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Substituted consent for HTV-related
				testing or for the authorization of the release of test results shall be
				obtained in accordance with
W. Va. Code
§ 16-3C-4 and
				this rule.
10.2. Minors shall be
				treated as established under
W. Va. Code
§
				16-4-10.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-11 - School Exclusion

Current through Register Vol. XLI, No. 28, July 12, 2024
School exclusions shall be in accordance with
W.Va.
				  Code
§ 16-3C-6. If the student is under the jurisdiction of a
				  protection or advocacy agency, a representative from that agency may be
				  included in consultation. The provisions of this rule and of
W.Va.
				  Code
§ 16-3C-1,
et seq.
regarding the
				  confidentiality and the release of information are applicable in the school
				  setting.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-12 - Requirement for All Health Care Providers to Report Positive Tests for the Human Immunodeficiency Virus

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. In accordance with the Bureau for
				Public Health's rule, Reportable Diseases, Events and Conditions, 64CSR7, all
				health care providers in West Virginia who perform, or cause to have performed,
				serologic or other tests for HIV shall report all HIV infection associated with
				laboratory tests that are positive or results, including but not limited to all
				values of CD4 count and any results from a viral load that are either
				indicative of or a progression toward the HIV infection to the Commissioner on
				forms provided by the Commissioner or via electronic reporting (
http://www.dhhr.wv.gov/oeps/std-hiv-hep/disease_reporting/Pages/default.aspx
)
				to include:
12.1.a. All positive (reactive)
				laboratory test results; and
12.1.b. All clinical status data.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-13 - Requirement for Laboratories to Report Positive Tests for the Human Immunodeficiency Virus

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. All
				laboratories conducting HIV testing in West Virginia or providing HIV testing
				results for use in this State shall make a report on the first and fifteenth
				days of each month of all laboratory tests, including but not limited to all
				values of CD4 count and any results from a viral load that are positive or
				results that are indicative of the HIV infection to the Commissioner on forms
				provided by the Commissioner (
http://www.dhhr.wv.gov/oeps/std-hiv-hep/disease_reporting/Pages/default.aspx
)
				or by electronic transmittal for that purpose to include:
13.1.a. All CLIA certified tests that are
				intended to diagnose or document HIV infection, including, but not limited to,
				viral load, P24 antigen and western blot tests and;
13.1 .b. All values of CD4 count and any
				results from a viral load.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-14 - Quality Assessment of Laboratories Conducting HIV Tests

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Laboratories
				Required to be Approved.
14.1.a. All
				laboratories conducting HIV testing in this State or providing HIV testing
				results for use in this State shall be approved by the Bureau.
14.1 .b. A laboratory located in West
				Virginia and seeking approval shall:
14.1.b.1. Show that it complies with the
				applicable requirements of
W. Va. Code
§ 16-3C-1,
et seq.
and this rule;
14.1.b.2. Complete application forms when
				seeking initial approval or when there is a change in director, owner, location
				or testing method;
14.1.b.3. Be
				certified to perform waived or non-waived (moderate or high) complexity HIV
				testing following at a minimum the test categorization requirements in
				accordance with the provisions of the federal regulations promulgated pursuant
				to the Clinical Laboratory Improvement Amendment (CLIA-1988) 42 CFR Part 493,
				as revised October 1, 2006; and
14.1.b.4. Pay a fee of thirty dollars
				annually for each laboratory providing HIV testing located in West Virginia.
14.1.c. A laboratory
				located outside of West Virginia conducting HIV testing on West Virginia
				patients is eligible for approval only if it is approved for non-waived
				(moderate or high complexity) laboratory testing by the federal government
				regulations promulgated pursuant to CLIA-88 as revised October 1, 2006 and/or
				Centers for Medicare and Medicaid Services (CMS) approved accreditation agency.
				The laboratory shall complete an application and submit a forty dollar fee when
				seeking initial approval. Each out-of-state laboratory shall also submit an
				annual renewal fee of forty dollars to the Office of Laboratory
				Services.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-64 - Aids-Related Medical Testing and Confidentiality › Section 64-64-15 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this
				  rule desiring a contested case hearing to determine any rights, duties,
				  interests or privileges shall do so in a manner prescribed in the Bureau for
				  Public Health rule, Rules of Procedure for Contested Case Hearings and
				  Declaratory Rulings, 64 CSR 1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-66 - Specialized Health Procedures In Public Schools › Section 64-66-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes training requirements for and creates standards
				related to the performance of specialized health procedures in public
				schools.
1.2. Authority. -- W. Va.
				Code '18-5-22.
1.3. Filing Date. -- April 22,
				1992.
1.4. Effective Date. -- April
				22, 1992.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-66 - Specialized Health Procedures In Public Schools › Section 64-66-2 - Application

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application -
				This rule applies to public school employees who perform specialized health
				procedures.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-66 - Specialized Health Procedures In Public Schools › Section 64-66-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. School
				Employees - Teachers as defined in W. Va. Code '18-1-1 and aides as
				defined in W. Va. Code '18A-4-8.
3.2. School Nurse - A nurse certified as a
				school nurse by the West Virginia department of education.
3.3. Specialized Health Procedures -
				Procedures prescribed by a licensed physician which require health-related
				training for the individual who performs the procedures, including but not
				limited to, catheterization, suctioning of tracheostomy, nasogastric tube
				feeding or gastrostomy tube feeding.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-66 - Specialized Health Procedures In Public Schools › Section 64-66-4 - Training and Retraining

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. School
				employees, other than school nurses, who will provide specialized health
				procedures to students shall receive instruction acceptable to the department
				of education in basic first aid including the Heimlich maneuver,
				cardiopulmonary resuscitation, community emergency medical resources, and the
				procedures contained in "Section I - Basic Health Care Procedures" in the Basic
				and Specialized Health Care Procedure Manual for West Virginia Public Schools.
				Section I is incorporated in this rule by reference and is available from the
				West Virginia department of education.
4.2. School employees, other than school
				nurses, who will provide specialized health procedures to students shall
				receive training acceptable to the department of education in those specific
				specialized procedures they will perform. Such training shall be individualized
				and shall be provided through simulation or use of training models.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-66 - Specialized Health Procedures In Public Schools › Section 64-66-5 - Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
The standards to be used in performing specialized health
				  procedures are those contained in "Section II - Procedures for Providing
				  Specialized Health Care" of the Basic and Specialized Health Care Procedure
				  Manual for West Virginia Public Schools. Section II is incorporated in this
				  rule by reference and is available from the West Virginia department of
				  education. The list of specialized health procedures for which standards are
				  adopted in this section is not a determination of which health procedures for
				  which a school nurse may legally delegate authority.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-66 - Specialized Health Procedures In Public Schools › Section 64-66-6 - Revision of Training Courses and Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
Revisions of this rule shall take due consideration of the
				  recommendations of the council of school nurses created by W. Va. Code
				  '18-5-22
				  and of the department of education.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-66 - Specialized Health Procedures In Public Schools › Section 64-66-7 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of this rule are declared to be severable. If
				  any provisions of this rule shall be held invalid, the remaining provisions
				  shall remain in effect.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-67 - Distribution Of State Funds To Local Boards Of Health › Section 64-67-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes a formula for the Commissioner to use in
				distributing State funds to support local boards of health.
1.2. Authority. -- W. Va. Code §§
									16-1-4,
				and
				16-2-11.
1.3. Filing Date. -- April 9, 2010.
1.4. Effective Date. -- April 9,
				2010.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-67 - Distribution Of State Funds To Local Boards Of Health › Section 64-67-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to the distribution, by the Commissioner, of
				State funds to support local boards of health.
2.2. Enforcement. -- This rule is enforced by
				the Commissioner.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-67 - Distribution Of State Funds To Local Boards Of Health › Section 64-67-4 - Formula; Allocation of Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Commissioner shall distribute State
				funds for basic public health services to local boards of health as directed by
				the State Legislature, this rule and State law.
4.2. The amount of State funds for basic
				public health services available for distribution to local boards of health by
				the formula established by subsection 4.3. of this rule is the amount of funds
				appropriated by the Legislature for this purpose: Provided, that prior to
				applying the formula, the Commissioner may withhold no more than two percent
				(2%) of the funds, as shown in the appropriate line item in the State budget,
				for use in emergencies according to the provisions of Section 5 of this rule:
				and, provided, however, that prior to applying the formula, Commissioner shall
				subtract no more than 4.7% of the total funds appropriated by the legislature
				to be retained by the bureau for state support of local boards of health.
Provided, further; That prior to applying the formula, the
				  Commissioner shall subtract and retain no more than 4.7% of state funds for
				  basic public health services.
4.3. The Commissioner shall calculate the
				amount of State funds for basic public health services funds to be distributed
				to each local board of health according to the following formula, based upon
				the recommendations of the CBER Funding Study:
4.3.1. Step 1 Poverty: The "need factor" is
				the percentage of individuals in the county living below the level of income
				established by the federal government as being in poverty. Poverty is assigned
				a weight of forty percent.
4.3.1.a.
				Coefficients are percent living below the poverty line:
4.3.1.a.1. Less than 110% = 0.00;
4.3.1.a.2. 111 - 120% = 0.05;
4.3.1.a.3. 121 - 130% = 0.10;
4.3.1.a.4. Above 130% = 0.15.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-67 - Distribution Of State Funds To Local Boards Of Health › Section 64-67-5 - Emergency Fund; Establishment; Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The Commissioner shall use the emergency
				fund established under the provisions of subsection 4.2. of this rule to assist
				local boards of health in need of funds to meet unanticipated financial
				emergencies. The Commissioner may develop an application form for one or more
				local boards of health to use to apply for emergency funds.
5.2. Funds not obligated for emergency use by
				the fifteenth day of May shall be distributed by the Commissioner to local
				boards of health according to the provisions of subsection 4.3. of this
				rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-67 - Distribution Of State Funds To Local Boards Of Health › Section 64-67-6 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Any
				person adversely affected by the enforcement of this rule desiring a contested
				case hearing to determine any rights, duties, interests or privileges shall do
				so in a manner prescribed in the Bureau for Public Health rule, Rules of
				Procedure for Contested Case Hearings and Declaratory Rulings,
				64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-68 - Cancer Registry › Section 64-68-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes standards and procedures for reporting cancer
				cases to the West Virginia Cancer Registry, maintaining the confidentiality of
				information in its cancer registry and disclosing information from the cancer
				registry.
1.2. Authority. -- W. Va.
				Code §§
									16-1-4,
				16-1-11(a)
				and
				16-5A-2a(e).
1.3. Filing Date. -- April 11 ,
				2014.
1.4. Effective Date. -- May
				11, 2014.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-68 - Cancer Registry › Section 64-68-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to health care providers, health care
				facilities and persons with access to or in charge of medical records or other
				sources of cancer-related information.
2.2. Enforcement. -- This rule is enforced by
				the commissioner of the bureau for public health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-68 - Cancer Registry › Section 64-68-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Abstract -- A
				summary of information relating to the diagnosis and course of disease of an
				individual case of cancer.
3.2.
				Bureau - The bureau for public health in the department of health and human
				resources.
3.3. Cancer -- A
				cellular tumor, the natural course of which is fatal and usually associated
				with the formation of secondary tumors.
3.4. Cancer Registry -- A registry maintained
				for the collection of information concerning newly diagnosed cancer
				cases.
3.5. Commissioner -- The
				commissioner of the bureau for public health in the department of health and
				human resources or his or her designee.
3.6. Confidential Information -- Information
				which identifies individual cancer patients, health care facilities or health
				care providers.
3.7. Data linkages
				- The service that the Bureau provides to cancer researchers or other qualified
				individuals or healthcare facilities that involves the linkage of an external
				data file to individual level data maintained in the West Virginia Cancer
				Registry.
3.8. Diagnosis -- The
				determination of the nature of a case of disease.
3.9. Health Care Facility -- Any hospital,
				nursing home, clinic, cancer treatment center, laboratory, or any other
				facility or institution which provides health care or diagnostic services to
				individuals.
3.10. Health Care
				Provider -- Any physician, dentist, nurse, or other individual who provides to
				individuals medical, dental, nursing, or other health care services of any
				kind.
3.11. Hospital -- An entity
				subject to licensure as a hospital under WV Code §
									16-5B-1.
3.12. Person -- An individual, partnership,
				corporation or other legal entity.
3.13. Reportable Cancer Case -- Any case of
				cancer diagnosed after December 31, 1992, where the primary tumor is determined
				to be malignant or carcinoma in situ, with the exception of basal cell or
				squamous cell carcinomas of the skin and carcinoma in situ of the
				cervix.
3.14. Reporting Source -- A
				health care facility or provider which diagnoses or provides treatment for
				cancer.
3.15. West Virginia Cancer
				Registry -- The office within the bureau for public health which collects and
				maintains information on cancer cases.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-68 - Cancer Registry › Section 64-68-4 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. All reporting
				sources shall provide the West Virginia Cancer Registry with the following
				patient-related information on all reportable cancer cases to the extent that
				the information would be routinely available at a particular type of reporting
				source:
4.1.a. The last name, first name, and
				middle initial;
4.1.b. Social
				security number;
4.1.c.
				Sex;
4.1.d. Birth date;
4.1.e. Maiden name;
4.1.f. Race/ethnicity;
4.1.g. Physical address at the time of
				diagnosis, including street, city, county and zip code, state and country or
				the mailing address at the time of diagnosis if physical address is
				unavailable;
4.1.h. Date of
				diagnosis;
4.1.i. A description of
				the cancer, including site, type, and any other information needed to describe
				the case clearly;
4.1.j. Stage of
				disease at diagnosis using:
4.1.j.1.
				Surveillance, Epidemiology, and End Results (SEER) system;
4.1.j.2. American Joint Committee on Cancer
				(AJCC) system if maintained by the reporting source; and
4.1.j.3. Collaborative Stage Data Collection
				System.
4.1.k. The
				treatment of the cancer and the patient's medical status;
4.1.l. Date of death, if the patient has
				died;
4.1.m. Cause of
				death;
4.1.n. Usual
				occupation;
4.1.o. Usual industry
				of employment;
4.1.p. Name of
				patient's health insurance provider;
4.1.q. Marital status;
4.1.r. Other information relevant for the
				identification of hazards to the public, i.e., the presence of factors placing
				the patient at risk for development of cancer. Risk factor information
				includes, but is not limited to: tobacco use, familial history of cancer and
				alcohol use; and
4.1.s. Other data
				elements required by the Centers for Disease Control and Prevention (CDC)
				National Program of Cancer Registries (NPCR).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-68 - Cancer Registry › Section 64-68-5 - Confidentiality; Disclosure

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. No
				person who obtains information protected by the provisions of WV Code §
									16-5A-2a
				and this rule may disclose confidential information to any other person except
				in strict compliance with WV Code §
									16-5A-2a
				and this rule.
5.2. Any person who
				obtains information protected by the provisions of WV Code §
									16-5A-2a
				and this rule shall sign a statement that he or she fully understands and will
				maintain the confidentiality of the information.
5.3. The West Virginia Cancer Registry may
				release information which identifies a specific patient to the reporting source
				which originally reported the cancer case.
5.4. The West Virginia Cancer Registry may
				release information which identifies a specific patient whose address at the
				time of diagnosis was outside West Virginia to the central cancer registry in
				the state where the patient resides. The West Virginia Cancer Registry shall
				release the information only to central cancer registries in states which have
				confidentiality standards equivalent to those of West Virginia and which
				establish reciprocal reporting with West Virginia. The West Virginia Cancer
				Registry shall have a written agreement with other state cancer registries to
				which it releases information which specifically addresses provisions for
				maintaining confidentiality.
5.5.
				The West Virginia Cancer Registry may release case data to cancer researchers
				for the purposes of cancer prevention, control and research.
5.5.a. Identifying data may be released for
				research purposes provided:
5.5.a.1. The
				researcher supplies the West Virginia Cancer Registry with written consent of
				the patient, physician, health care provider or personal representative of a
				deceased case, whichever is appropriate; and
5.5.a.2. The researcher assures that the data
				received from the West Virginia Cancer Registry will be maintained by the
				researcher with the same level of confidentiality as that maintained by the
				West Virginia Cancer Registry.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-68 - Cancer Registry › Section 64-68-6 - Violations and Sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
Failure to comply with this rule as required subjects a
				  person to the criminal penalties prescribed in WV Code §
									16-1-18.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-68 - Cancer Registry › Section 64-68-7 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this
				  rule desiring a contested case hearing to determine any rights, duties,
				  interests or privileges shall do so in a manner prescribed in the bureau for
				  public health Rules of Procedure for Contested Case Hearings and Declaratory
				  Rulings, 64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-69 - Breast And Cervical Cancer Diagnostic And Treatment Fund › Section 64-69-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedures and the process for providing financial
				assistance to medically and financially eligible patients for certain
				diagnostic and treatment services for breast cancer, cervical cancer or
				precancerous cervical lesions. Funds appropriated by the Legislature, any funds
				allocated by the federal government, and any other sums designated for deposit
				in the fund from any other public or private source for medical assistance are
				to be distributed from the breast and cervical cancer diagnostic and treatment
				fund established by the State Legislature. In selecting services to be covered,
				the advisory committee has attempted to maximize the coverage of early
				diagnostic and treatments procedures in order to maximize the efficient use of
				funds. The advisory committee believes that in many instances if more extensive
				procedures are needed in later stages of diagnosis and treatment, patients are
				likely to qualify for coverage under Medicaid.
1.2. Authority. -- W. Va. Code '16-33-8.
1.3. Filing Date. -- April 3, 1998.
1.4. Effective Date. -- May 4,
				1998.
1.5. Applicability. -- This
				rule applies to providers of, applicants for, and recipients of breast and
				cervical cancer diagnostic and treatment services.
1.6. Enforcement. -- This rule is
				administered by the office of maternal and child health within the bureau of
				public health[1] of the department of health and
				human resources.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-69 - Breast And Cervical Cancer Diagnostic And Treatment Fund › Section 64-69-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Advisory
				Committee. -- The medical advisory committee to the breast and cervical cancer
				detection and education program coalition.
2.2. Approved Procedure. -- A medical
				procedure that has been selected by the medical advisory committee to be paid
				for by the fund.
2.3. Bureau. --
				The state bureau for public health of the department of health and human
				resources.
2.4. Federal Poverty
				Level. -- The prevailing national poverty income guidelines established by the
				federal government and published in the Federal Register.
2.5. Fund. -- The breast and cervical cancer
				diagnostic and treatment fund.
2.6.
				Provider. -- A physician, hospital or laboratory currently licensed and
				operating or practicing in this state.
[1] The Department of Health and
				  Human Resources (DHHR) was created by the Legislature's reorganization of the
				  executive branch of State government in 1989. The Department of Public Health
				  was renamed the Division of Health and made a part of the DHHR (W. Va. Code '
				  5F-1-1
				  et seq.). Administratively within the DHHR the Bureau for Public Health through
				  its Commissioner carries out the public health function of the Division of
				  Health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-69 - Breast And Cervical Cancer Diagnostic And Treatment Fund › Section 64-69-3 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. No person who
				obtains information protected by the provisions of W. Va. Code '16-5A-2a
				and this rule may disclose confidential information to any other person except
				in strict compliance with W. Va. Code '16-5A-2a,
				this rule and any other applicable federal or state law, rule or
				regulation.
3.2. Any person who
				obtains information protected by the provisions of W. Va.Code Code '16-5A-2a
				and this rule shall sign a statement that he or she fully understands those
				provisions and will maintain the confidentiality of the information.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-69 - Breast And Cervical Cancer Diagnostic And Treatment Fund › Section 64-69-4 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. To be eligible
				financially for services under the fund, a patient's income shall be at or
				below two hundred percent (200%) of the federal poverty level. No patient who
				is covered by medical insurance, Medicaid or Medicare is financially eligible
				for participation in the fund.
4.2.
				To be eligible medically for diagnostic services under the fund, a patient
				shall have a condition strongly suspicious of cancer which requires diagnostic
				services to confirm the preliminary diagnosis. The bureau shall authorize only
				those services determined by the advisory committee as established in this rule
				to be medically necessary to confirm a preliminary diagnosis.
4.3. To be eligible medically for treatment
				services under the fund, the patient shall have a positive pathology
				report.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-69 - Breast And Cervical Cancer Diagnostic And Treatment Fund › Section 64-69-5 - Procedures Covered

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Breast
				cancer related procedures covered by the fund include, but are not limited to:
5.1.a. Breast biopsy-needle core;
5.1.b. Breast biopsy-incisional;
5.1.c. Breast biopsy-excisional;
5.1.d. Breast biopsy-identified by
				radiological marker;
5.1.d.1. Each additional
				lesion;
5.1.e. Pre-op
				placement of needle localization wire;
5.1.f. Breast biopsy-stereotactic
				localization;
5.1.g. Needle
				localization-radiologic supervision/interpretation;
5.1.h. Radiological examination, surgical
				specimen;
5.1.i. Ultrasound guided
				biopsy;
5.1.j. Lab-needle
				biopsy;
5.1.k. Lab-surgical
				pathology breast tissue biopsy;
5.1.l. Stereotactic biopsy
				supplies;
5.1.m. Follow-up after
				procedure-outpatient;
5.1.n.
				Follow-up consultation-post-op outpatient; and
5.1.o. General anesthesia.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-69 - Breast And Cervical Cancer Diagnostic And Treatment Fund › Section 64-69-6 - Review and Authorization

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6.1.
				The medical advisory committee shall entrust the day to day review and
				authorization for payment as authorized by this rule to the director of the
				breast and cervical cancer screening program of the office of office of
				maternal and child health within the bureau.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-69 - Breast And Cervical Cancer Diagnostic And Treatment Fund › Section 64-69-7 - Application and Process

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				provider shall apply for and receive reimbursement from the fund on behalf of
				the patient. The provider shall:
7.1.a. Refer
				to the list of covered procedures set forth in Section 5 of this rule, and may,
				if needed, consult with the director of the breast and cervical cancer
				screening program to determine if the procedure to be performed is
				covered;
7.1.b. Complete the fund
				application form approved by and available from the division and submit it to
				the director of the breast and cervical cancer screening program for approval,
				except as specified in subsection 7.2 of this rule;
7.1.c. Provide the services; and
7.1.d. Submit an invoice to the director of
				the breast and cervical cancer screening program listing procedures and CPT
				codes, accompanied by a pathology report when appropriate, within ninety (90)
				days of the date the service was provided.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-69 - Breast And Cervical Cancer Diagnostic And Treatment Fund › Section 64-69-8 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this
				  rule desiring a contested case hearing to determine any rights, duties,
				  interests or privileges shall do so as prescribed in the division of health's
				  administrative rule, Rules of Procedure for Contested Case Hearings and
				  Declaratory Rulings, 64 CSR 1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-70 - Primary Care Support Program › Section 64-70-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. This
				rule establishes processes for the administration of the primary care support
				program created within the Bureau for Public Health.
1.2. Authority. -- W. Va. Code §
									16-2H-2(d).
1.3. Filing Date. -- April 15,
				2020.
1.4. Effective Date. -- April
				15, 2020.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force and effect on April 15,
				2025.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-70 - Primary Care Support Program › Section 64-70-3 - Primary Care Support Appropriation

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Upon the enactment and approval of an
				annual state budget that includes an appropriation dedicated to "primary care
				support," the Secretary shall designate a portion of such fund for transfer to
				the BMS medical services fund for use in the state Medicaid program; such
				amount so designated shall be in an amount that the Secretary, in his or her
				discretion and based on an assessment of the state's overall primary care
				needs, determines would be best dedicated to provide additional
				funding.
3.2. The portion of the
				annual appropriation remaining in the primary care support fund after the
				transfer to the BMS medical services fund in accordance with subsection 3.1 of
				this rule shall be disbursed by the director in accordance with the provisions
				of this rule, and may be expended to support activities related to rural and
				primary care and include, but not limited to, the following: Offset of costs of
				uncompensated care provided by primary care centers; technical support to and
				educational collaboration with the primary care centers; required cost-sharing
				and matching of key federal grants; and personnel and related administrative
				costs incurred by BPH in its operation of the program.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-70 - Primary Care Support Program › Section 64-70-4 - Application Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Applications for grants to offset the cost of providing uncompensated primary
				care services shall be submitted by May 1 of each year, unless another date is
				announced by the director, and shall be on forms approved by the director. The
				director may request appropriate documentation or clarification of the
				application from the applicant.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-70 - Primary Care Support Program › Section 64-70-5 - Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In order to be
				eligible for a grant, an entity shall provide evidence that it:
5.1.1. Has been in existence for a period of
				at least two years or has requested certificate of need review at least two
				years prior to the date of the application;
5.1.2. Is incorporated under the laws of West
				Virginia as a private nonprofit corporation;
5.1.3. Has a community-based board of
				directors;
5.1.4. If it derives
				revenues, at least 80 percent of the revenues, excluding those funds from
				charitable foundations and state and federal grants, are derived from the
				provision of primary care services;
5.1.5. Provides full disclosure regarding all
				related organizations and their financial relationship to the primary care
				center;
5.1.6. Provides primary
				care services to all patients regardless of the patients' ability to pay;
				and
5.1.7. Uses generally accepted
				accounting principles.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-70 - Primary Care Support Program › Section 64-70-6 - Application Reviews and Grant Awards

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Review of grant applications to offset
				costs of uncompensated care consists of the analysis and evaluation of the
				following information:
6.1.1. The
				organization's most recent audit as described in section 7 of this
				rule;
6.1.2. A 12 month period
				summary of revenues and expenses;
6.1.3. Projected grant year revenues and
				expenses;
6.1.4. Number of actual
				and projected patients and patient encounters;
6.1.5. Actual and projected
				collections;
6.1.6. Services
				provided;
6.1.7.
				Indebtedness;
6.1.8. Notice of
				federal grant awards;
6.1.9.
				Verification of quality assurance;
6.1.10. Evidence of historical receipt of
				funds as of July 1, 2019; and
6.1.11. Any other information judged
				necessary by the director to evaluate the organization's need for state
				funding.