West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-4 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. General licensing provisions.
4.1.a. A person establishing, maintaining,
				offering, operating or advertising a residential care community shall obtain
				from the secretary a license authorizing the operation, which license remains
				unsuspended, unrevoked and unexpired.
4.1.b. A license is valid only for the
				licensee and for the structure named in the application and identified on the
				license. Separate buildings on the same premises operated as residential care
				communities require separate licenses. The license is not transferable or
				assignable. The license shall be surrendered to the secretary upon written
				demand, or immediately, when the residential care community ceases provision of
				services.
4.1.c. Neither the name
				of the residential care community nor the residential care community's
				advertising shall use the words "clinic,@ "hospital,@ "nursing home,@ "personal
				care home" or any other words which suggest a type of facility other than a
				residential care community. If the licensee owns more than one (1) residential
				care community, each residential care community shall have a separate
				identification. The licensee shall notify the secretary of any change in the
				name of the residential care community.
4.1.d. Residential care communities which
				have residents who need limited and intermittent nursing care shall comply with
				Section 12 of this rule in addition to all other requirements of this
				rule.
4.1.e. The licensee is
				responsible for compliance with this rule, the terms of the residential care
				community's license; W. Va. Code '16-5N-1 et seq., titled
				Residential Care Communities; other relevant federal, state or local laws and
				regulations; and with the residential care community's policies.
4.1.f. A licensee shall not rent, lease or
				use the premises for any purpose that disrupts the activities of the
				residents.
4.1.g. A residential
				care community that intends to provide adult day care shall notify the
				secretary of the number of individuals it plans to serve in addition to the
				residential care community census. The secretary shall approve the provision of
				day care for the number of individuals identified based on space,
				accommodations and staffing before day care residents are accepted. Individuals
				being provided this service shall have health screening as required for
				residential care community residents and shall be capable of
				self-preservation.
4.1.h. A
				licensee shall not advertise, assert, represent or otherwise imply in any
				manner that it may render care or services other than those specifically
				identified within the scope of its license.
4.1.i. The secretary may issue an initial or
				a renewal license for a period not to exceed one (1) year: Provided, That if an
				applicant timely submits, in conformance with this rule and W. Va. Code
				'16-5N-1 et seq., an
				application for renewal of a license currently in effect, together with payment
				of the proper fee, the license shall continue in effect until;
4.1.i.1. One (1) year following the
				expiration date of the license;
4.1.i.2. The date of the revocation or
				suspension of the license pursuant to this rule and W. Va. Code '16-5N-1 et seq.;
				or
4.1.i.3. The date of issuance of
				a new license, whichever date occurs first.