West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-14 - Assisted Living Residences › Section 64-14-11 - Licensure Denials, Revocations, and Suspensions

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. An assisted living provider licensed by
				the Department of Health and Human Resources adversely affected by an order or
				citation of a deficient practice may request an informal dispute resolution
				process. A licensee may contest a cited deficiency as contrary to rule,
				regulation, or law or unwarranted by the facts, or any combination
				thereof.
11.2. The informal dispute
				resolution process is not a formal evidentiary proceeding and utilization of
				the informal dispute resolution does not waive the right of the licensee to
				request a formal hearing with the Secretary.
11.3. The informal dispute resolution process
				shall consist of the following:
11.3.1. The
				Secretary shall transmit to the licensee a statement of deficiencies attributed
				to the licensee and request that the licensee submit a plan of correction
				addressing the cited deficiencies no later than 10 working days following the
				last day of the survey or inspection, or no later than 10 working days
				following the last day of a complaint investigation. Notification of the
				availability of the informal dispute resolution process and an explanation of
				the process shall be included in the transmittal.
11.3.2. When the licensee returns its plan of
				correction to the Secretary, the licensee may request, in writing, to
				participate in the informal dispute resolution process to protest or refute all
				or part of the cited deficiencies within 10 working days. The Secretary may not
				release the final report until the informal dispute process is final.
11.3.3. The informal dispute resolution must
				be held, unless additional time is requested by either the licensee or the
				Secretary, within 10 working days of receipt of the written request for the
				informal dispute resolution process by a licensee. The licensee or the
				Secretary may submit additional information before the informal dispute
				resolution conference.
11.3.4.
				Neither the Secretary nor the licensee may be accompanied by counsel during the
				informal dispute resolution conference. The manner in which the informal
				dispute resolution conference is held is at the discretion of the licensee, but
				is limited to:
11.3.4.a. A review of written
				information submitted by the licensee;
11.3.4.b. A telephonic conference;
				or
11.3.4.c A face-to-face
				conference held at a mutually agreed upon location.
11.3.5. If the informal dispute resolution
				determines the need for additional information, clarification, or discussion at
				the conclusion of the informal dispute resolution conference, the Secretary and
				the licensee shall present the requested information.
11.3.6. The informal dispute resolution
				committee, consisting of qualified individuals who have no involvement in the
				investigation or survey being reviewed, shall make a determination within 10
				working days of receipt of any additional information as provided or the
				conclusion of the informal dispute resolution conference, based upon the facts
				and findings presented, and shall transmit a written decision containing the
				rationale for its determination to the Secretary.
11.3.7. If the Secretary disagrees with the
				determination, the Secretary may reject the determination made by the informal
				dispute resolution process and shall issue an order setting forth the rationale
				for the reversal of the informal dispute resolution's decision to the licensee
				within 10 working days of receiving the independent review provider's
				determination.
11.3.8. If the
				Secretary accepts the determination, the Secretary shall issue an order
				affirming the informal dispute review's determination within 10 working days of
				receiving the review determination.
11.3.9. If the review determines that the
				original statement of deficiencies should be changed as a result of the
				informal dispute resolution process and the Secretary accepts the
				determination, the Secretary shall transmit a revised statement of deficiencies
				to the licensee within 10 working days of the review determination.
11.3.10. The licensee shall submit a revised
				plan to correct any remaining deficiencies to the Secretary within 10 working
				days of receipt of the Secretary's order and the revised statement of
				deficiencies.