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 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-3 - Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The division
				will receive capitalization grants from the U. S. Environmental Protection
				Agency for the purpose of establishing a drinking water treatment revolving
				fund construction fund to assist public water systems to finance the cost of
				infrastructure needed to comply with the Safe Drinking Water Act and to fund
				non-project activities defined in Section 4 of this rule.
3.2. The division shall develop an annual
				intended use plan for each year that the drinking water treatment revolving
				fund program is in place.
3.2.a. The intended
				use plan shall contain the proposed set-aside amounts for non-project
				activities that the division intends to use. The set-aside accounts are
				described in Section 4 of this rule.
3.2.b. The intended use plan shall contain a
				priority list of eligible projects per Section 5 of this rule that the State
				intends to fund during the fiscal year covered. The priority ranking procedure
				is described in Section 6 of this rule. This list shall contain at a minimum,
				the public water system, population served, water supply, project description,
				project type, estimated project cost, project priority and the expected
				financial terms. The financial administration is described in Section 7 of this
				rule.
3.2.c. The division shall
				also maintain a comprehensive priority list of anticipated future projects as
				described in Section 6 of this rule. This list shall contain the projects, the
				estimated priority and the expected funding schedule for each.
3.2.d. The intended use plan shall include a
				discussion of the financial status of the drinking water treatment revolving
				fund. This discussion shall include the total amount of moneys in the fund from
				all sources, the types of projects to be funded, the general types and terms of
				financial assistance to be provided, the amounts for non-project activities and
				the amounts used for disadvantaged communities. The procedure for disadvantaged
				communities is described in Section 8 of this rule and shall be included in the
				annual intended use plan.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-4 - Fund Establishment

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				Establishment of the Fund. -- The water development authority shall establish a
				permanent and perpetual fund to be known as the West Virginia drinking water
				treatment revolving fund. The fund shall be kept separate and apart from all
				other funds or programs of the water development authority and the
				division.
4.2. Establishment of Set
				Aside Accounts. -- There are four (4) allowable set-asides from the
				capitalization grant, as described in subdivisions 4.2.a through 4.2.d of this
				rule.
4.2.a. Program Oversight
				(Administration of the Fund). -- An amount up to four percent (4%) of the
				capitalization grant may be used for to finance the cost to the division or its
				agents of administering the program.
4.2.b. Technical Assistance. -- Two percent
				(2%) of the federal capitalization grants shall be utilized to provide
				technical assistance services for small systems to assist those systems in
				maintaining compliance with the federal safe drinking water act. The technical
				assistance services for small systems shall be contracted by the division to
				non-profit organizations that:
4.2.b.1. Have
				a membership that represents at least twenty-five percent (25%) of the small
				systems of this State; and
4.2.b.2.
				Have at least five (5) years of experience in providing on-site technical
				assistance to small systems.
4.2.c. Local Assistance. -- An amount up to
				fifteen percent (15%) of the capitalization grant may be used for local
				assistance such as, but not limited to: delineation and assessment of source
				water protection areas, loans for source water protection programs and
				well-head protection programs and capacity development assistance. Contractual
				services may be funded from this account for these services. No more than ten
				percent (10%) may be used for any one (1) activity.
4.2.d. State Activities. -- An amount up to
				ten percent (10%) of the capitalization grant may be used for State activities
				such as, but not limited to: the public water supply supervision program,
				source water protection, capacity development, and operator
				certification.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-5 - Project and System Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Both community and non-community
				non-transient public water systems are eligible for drinking water treatment
				revolving fund funding, with the following exceptions:
5.1.a. For-profit non-community non-transient
				water systems; and
5.1.b. Federally
				owned public water systems.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-6 - Priority Ranking Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The division shall develop an annual
				intended use plan indicating how the drinking water treatment revolving fund
				will be used. The division shall give the highest priority to projects that:
6.1.a. Address the most serious health
				risks;
6.1.b. Are necessary to
				achieve compliance; and
6.1.c.
				Assist those systems most in need on a per household basis.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-8 - Disadvantaged Communities

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Thirty
				percent (30%) of the federal capitalization grant shall be dedicated to the
				funding of projects for disadvantaged communities.
8.2. The subsidy options for assistance to
				disadvantaged communities shall be described in the annual intended use plan.
				Options include the following:
8.2.a.
				Principal forgiveness or other incentive agreed upon between the borrower and
				the division within the U. S. Environmental Protection Agency guidelines;
				and
8.2.b. Extended loan terms. The
				normal loan from the drinking water treatment revolving fund is twenty (20)
				years, but in the case of a system defined as a disadvantaged community the
				State may provide extended loan terms, up to thirty (30) years. The loan terms
				may not exceed the expected design life of the project.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-9 - Application Procedures and Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Pre-application Process.
9.1.a. The applicant shall complete and
				submit to the division a preliminary application package obtained from the
				division.
9.1.b. The application
				shall provide documentation that the project has been approved by the West
				Virginia infrastructure and jobs development council.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-10 - Capacity Development

Current through Register Vol. XLI, No. 28, July 12, 2024
The division shall, by August, 2000, establish a capacity
				  development strategy to define systems and assist systems in developing and
				  maintaining technical, financial and management capability. The strategy shall
				  be designed to ensure that all new community water systems and non-community
				  non-transient water systems demonstrate technical, managerial and financial
				  capability needed to comply with applicable federal and State laws, rules and
				  regulations for drinking water.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-11 - Environmental Review

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. An
				environmental review shall be completed for each project that receives funds
				from the drinking water treatment revolving fund. Any adverse environmental
				impacts that may occur on a project, as determined by the director, shall be
				mitigated by the local entity.
11.2. The director hereby adopts and
				incorporates by reference the provisions contained in 40 CFR Part 6 subpart E
				and related subparts as applicable to drinking water systems.
11.3. The costs of preparing the
				environmental assessment reports may be included as part of costs of planning
				the project and are eligible for drinking water treatment revolving fund
				assistance. The cost for the State to review the environmental assessments are
				not eligible from the drinking water treatment revolving fund and are
				considered administrative costs. Environmental reviews required by other
				funding agencies participating in the funding of the project may fulfill the
				requirements for environmental review. The applicant shall obtain written
				approval from the division.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-12 - Records

Current through Register Vol. XLI, No. 28, July 12, 2024
The division shall maintain files for each drinking water
				  treatment revolving fund project.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-49 - Drinking Water Treatment Revolving Fund › Section 64-49-13 - 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 W. Va. Division
				  of Health Administrative Rules, Rules and Procedures 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 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule prescribes specific standards and procedures to provide for
				the health, safety, and protection of the rights and dignity of residents of
				legally unlicensed health care homes administered by service providers. This
				rule does not apply to adult family care providers approved and monitored by
				the department of health and human resources' office of social services. This
				rule shall be read in conjunction with W. Va. Code '16-5E-1 et seq.
1.2. Authority. -- W. Va. Code ''16-1-7 and
				16-5E-1a(a).
1.3. Filing Date. --
				April 29, 1999.
1.4. Effective
				Date. -- July 1, 1999.
1.5.
				Applicability. -- This rule applies to service providers, legally unlicensed
				health care homes administered by service providers, legal representatives of
				residents in those homes and complainants against service providers.
1.6. Enforcement. -- This rule is enforced by
				the secretary of the West Virginia department of health and human resources or
				his or her lawful designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Abuse. --
				Mistreatment of residents, including physical bodily harm, misuse of physical
				or chemical restraints, verbal abuse, and infliction of emotional
				suffering.
2.2. Director. -- The
				secretary of the department of health and human resources or his or her
				designee.
2.3. Extensive Nursing
				Care. -- The nursing care required when there is a major deviation from normal
				in a body system or multiple body systems of such magnitude that the deviations
				are life threatening, and the individual's condition is unstable and
				unpredictable.
2.4. Immediate and
				Serious Threat. -- A situation that presents a high probability of serious harm
				or injury to one or more residents. An immediate or serious threat need not
				result in actual harm to any resident.
2.5. Legal
				Representative[1]. --
2.5.a. A conservator, temporary conservator
				or limited conservator appointed pursuant to the West Virginia guardianship and
				conservatorship act, W. Va. Code, '44A-1-1
				et seq., within the limits set by the order;
2.5.b. A guardian, temporary guardian or
				limited guardian appointed pursuant to the West Virginia guardianship and
				conservatorship act, W. Va. Code, '44A-1-1
				et seq., within the limits set by the order;
2.5.c. An individual appointed as committee
				or guardian prior to June 9, 1994, within the limits set by the appointing
				order and W. Va. Code '44A-1-2(d);
2.5.d. An individual having a medical power
				of attorney pursuant to the West Virginia medical power of attorney act, W. Va.
				Code '16-30A-1 et seq., within the limits set by the law and the
				appointment;
2.5.e. An individual
				named as representative payee under the United States social security act,
				title 42 U.S.C. '301 et seq., within the limits of the payee's legal
				authority;
2.5.f. A surrogate
				decision-maker appointed pursuant to the West Virginia health care surrogate
				act, W. Va. Code '16-30B-1 et seq., or the West Virginia do not resuscitate
				act, '16-30C-1 et seq., within the limits set by the appointment;
2.5.g. An attorney in fact appointed with
				power of attorney under common law or pursuant to uniform durable power of
				attorney, W. Va. Code '39-4-1et seq., within the limits set by the appointment;
				or
2.5.h. An individual lawfully
				appointed in a similar or like relationship of responsibility for a resident
				under the laws of this state, or another state or legal jurisdiction, within
				the limits of the applicable statute and appointing authority; and
2.5.i. Who has no financial ties to the
				legally unlicensed health care home.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-3 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General registration provisions.
3.1.a. A person administering an unlicensed
				home shall register with the director as a service provider.
3.1.b. A registration is valid only for the
				individual submitting the application for registration and for the structure
				named in the application. The registration is not transferable or
				assignable.
3.1.c. The words,
				"clinic", "hospital", "nursing home", "personal care home", "residential board
				and care home", or any other words which suggest a type of facility other than
				an unlicensed home, shall not be used in the name of the home or in any of the
				home's advertising. The provider shall notify the director of any change in the
				name of the home.
3.1.d. A service
				provider shall operate no more than one legally unlicensed home and shall
				notify the director if the location of his or her administration of services is
				changed.
3.1.e. A service provider
				shall:
3.1.e.1. Provide residents at the time
				of admission with the name, address and telephone number of the offices of
				health facility licensure and certification, the state long-term care
				ombudsman, and adult protective services; and
3.1.e.2. Advise residents both orally and in
				writing of their right to file a complaint with those offices.
3.1.f. Applicants for initial
				registration as a service provider shall complete and sign a form provided by
				the director and submit the form to the office of health facility licensure and
				certification of the West Virginia 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 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-4 - Administration of the Legally Unlicensed Home

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. In administering an unlicensed home, a
				service provider shall assure compliance of the home with this rule and any
				applicable state and local laws and rules.
4.2. The service provider or a responsible
				individual shall be available for resident assistance in the home at all
				times.
4.3. Any information
				pertaining to residents shall be retained at the home in a secure area. The
				director shall be provided access to the information during an
				inspection.
4.4. In an unlicensed
				home administered by a service provider, the service provider, household
				members, exclusive of residents, and all care givers shall have a personal
				history which is free of: evidence of abuse, neglect, fraud, or substantial and
				repeated violations of applicable laws and rules in the operation of any health
				or social care facility or service organization, or in the care of dependent
				persons; and conviction of crimes relevant for the provision of care to a
				dependent population as evidenced by a background check of the WV state police
				central abuse registry.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-5 - Physical Environment Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The unlicensed home shall have electric
				power and have hot and cold running water adequate to meet the needs of the
				residents, household members and employees.
5.2. Services utilizing equipment which
				requires auxiliary electrical power shall not be used unless the home has a
				backup power generator.
5.3. The
				interior, exterior and grounds of the home shall be maintained in a clean, safe
				and sanitary condition, and the home shall be in good repair.
5.4. No smoking or open flames shall be
				allowed in a room where oxygen is being used or stored.
5.5. A separate bed shall be provided for
				each resident, for their own use, in a bedroom. In addition, a chair, reading
				light and appropriate clothing space shall be available in the home for each
				resident.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-6 - Nutrition Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Each resident shall be offered at least three (3) meals daily, seven (7) days a
				week and special diets and snacks that provide nutrients and calories to meet
				the resident's needs and choices and to maintain his or her normal
				weight.
6.2. Therapeutic or
				modified diets, as recommended by the resident's physician, shall be prepared
				according to written instructions obtained from the resident's physician or
				dietitian.
6.3. The service
				provider shall maintain a daily record of actual foods served for each meal.
				Meal content shall be varied.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-7 - Requirements Related to the Provision of Limited and Intermittent Nursing

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The service
				provider shall arrange for a registered professional nurse to supervise limited
				and intermittent nursing care to residents needing that type of care.
7.2. A service provider shall not accept as a
				resident a person who is in need of extensive or ongoing nursing care and shall
				arrange for the transfer to an appropriate health care facility of a resident
				needing that type of care.
7.3. The
				service provider shall provide adequate nursing support staff to ensure
				appropriate nursing care outcomes. Nursing support staff shall be under the
				supervision of the registered professional nurse who has assumed supervision
				for the limited and intermittent nursing care provided to the
				residents.
7.4. The service
				provider shall implement, within reasonable expectation, the recommendations of
				the registered nurse regarding limited and intermittent nursing care and staff
				training intended to protect the residents requiring that type of
				care.
7.5. The service provider
				shall assure that treatment involving medical management of a resident is
				carried out only in accordance with an order from a physician or other lawfully
				authorized health care professional. No medication, diet, medical procedure or
				treatment shall be started, changed or discontinued by the service provider
				without an order by a lawfully authorized health care professional.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-8 - Medication Administration Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The service provider shall make
				provisions for the administration or self-administration of medicines and drugs
				according to physician orders in compliance with applicable state
				laws.
8.2. The container label of
				each prescription drug shall be legible, legally dispensed and labeled for the
				resident for whom it has been prescribed. When the prescriber's directions
				change, the container shall be relabeled by a licensed pharmacist or there
				shall be a written document signed and dated by the physician to verify the
				change in a medication prescription. All medications shall be kept in their
				original labeled containers and shall be labeled in accordance with the rules
				of the West Virginia board of pharmacy and in a manner that the name and
				strength of medication, manufacturer name, lot number, and expiration date can
				be readily identified.
8.3. All
				medications shall be kept in a locked cabinet or other storage receptacle and
				accessible only to the staff responsible for medications.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-9 - Protective and Personal Care Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. The service provider shall provide the
				residents with personal services to meet their needs, including but not limited
				to: self-administration of medically prescribed drugs and treatments; any
				planned diet, rest or activity regimen; access to their functional equipment
				(e.g., hearing aides, glasses, canes); and activities of daily
				living.
9.2. Residents who are
				incapable of self-preservation shall only be housed on a floor that has direct
				ground level egress through a door to the outside.
9.3. Physical restraints may be used only if
				all the following conditions are present:
9.3.a. The restraints are used under a
				physician's order;
9.3.b. The
				restraints are used in an emergency for the safety of the resident or
				others;
9.3.c. The restraints are
				applied only by staff who have been trained in their use;
9.3.d. The restraints are cloth vests or soft
				belts;
9.3.e. The restraints are
				released every two (2) hours for at least ten (10) minutes;
9.3.f. Professional help is called;
				and
9.3.g. The restraints are only
				used until professional help arrives, in no case exceeding twenty-four (24)
				hours.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-10 - Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Residents
				shall be treated with respect and dignity and retain their rights protected by
				the state of West Virginia and the United States.
10.2. If a legal representative has been
				appointed for or designated by any resident as having the authority to exercise
				on behalf of the resident one (1) or more of the resident's rights under this
				rule, the service provider shall afford the legal representative full
				opportunity to exercise the authority. If the appointed or designated legal
				representative exercises this authority, he or she shall do so in a manner
				consistent with all applicable state and federal laws. The service provider or
				any individual who has financial ties to the legally unlicensed health care
				home shall not serve as any resident's legal representative.
10.3. No resident shall be restrained, or
				experience interference, coercion, discrimination, or reprisal from the service
				provider or those under his or her influence for exercising his or her
				rights.
10.4. Residents have the
				right to voice grievances with respect to treatment or care furnished without
				discrimination or reprisal for voicing the grievance.
10.5. A resident has the right to receive
				visitors. Relatives and members of the clergy may visit at any time with the
				consent of the resident. Any entity or individual that provides health, social,
				legal or other services to a resident shall be permitted access to the resident
				subject to the resident's right to deny or withdraw consent at any
				time.
10.6. The resident has the
				right to receive information from agencies acting as client advocates, such as
				the state's long term care ombudsman program, and to be afforded the
				opportunity to contact these agencies.
10.7. The resident has the right to
				participate in planning his or her overall care, to utilize the physician of
				his or her choice, and to be fully informed in advance about care and treatment
				that may affect him or her.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-11 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Penalties are
				as provided in W. Va. Code '16-5E-6.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-50 - Legally Unlicensed Health Care Homes › Section 64-50-12 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Administrative due process and remedies for actions taken under this rule, are
				set forth in the division of health procedural rule, Rules of Procedure for
				Contested Case Hearings and Declaratory Rulings, 64 CSR 1 and Articles 4 and 5
				of the State Administrative Procedures Act, W. Va. Code Chapter 29A.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-51 - Fees for Services › Section 64-51-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. --
				This rule establishes reasonable fees for services provided by the Bureau for
				Public Health. This legislative rule does not supersede other rules which
				establish fees for services not addressed in this rule.
1.2. Authority. -- W. Va. Code §
									16-1-4.
1.3. Filing Date. -- March 28,
				2024.
1.4. Effective Date. -- April
				28, 2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-51 - Fees for Services › Section 64-51-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application.
				-- This rule applies to persons receiving services from the Bureau for Public
				Health.
2.2. Enforcement. -- This
				rule is enforced by the Commissioner of the West Virginia Bureau for Public
				Health or his or her lawful designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-51 - Fees for Services › Section 64-51-4 - Fees Generally

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Authority to
				Assess and Collect Fees -- The Commissioner of the Bureau for Public Health may
				assess and collect fees for the provision of services. Except as specified in
				subsections 4.2., 5.2., and 9.2. of this rule, the Commissioner may require
				payment of fees in advance for services. Where the Commissioner has staffed and
				equipped offices of the Bureau for Public Health to provide the services it is
				required to perform, the Commissioner may make efficient use of those resources
				by providing other public health services at reasonable fees established by the
				Commissioner.
4.2. Exemption from
				Fees Generally -- No individual may be denied health care services because of
				the inability of the individual to pay for services when services are provided
				to similarly situated individuals who have the ability to pay for
				them.
4.3. Fees for Copies of
				Public Records -- Copies of public records which may be disclosed shall be
				furnished at a charge of 50 cents per page on 8 1/2" x 11" or 8 1/2" x 14"
				paper. Copies of documents produced on larger paper may be furnished at actual
				cost, which includes, but is not limited to, materials, operator's time, and
				transportation and delivery charges. Copying fees may be required to be paid
				before issuance of the copies.
4.4.
				Fee for Location Information -- When the service provided is location
				information of licensees, permit holders, or other persons, the fee shall be at
				the rate of 25 cents per location.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-51 - Fees for Services › Section 64-51-5 - Laboratory Service Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Laboratory
				Services for Which a Fee May be Charged -- Except as provided in subsection
				5.2. of this rule, the Commissioner may charge a fee for each test or group of
				tests, including specimen collection kits, as listed in Appendix A of this
				rule. The laboratory may charge for bacteriological and chemical analyses of
				environmental water samples, clinical specimens, and for the certification of
				laboratories to conduct drinking water tests.
5.2. Exemption from Laboratory Fees -- Fees
				shall not be charged when:
5.2.1. Laboratory
				tests are authorized by the Commissioner as part of an epidemiological
				investigation, or the charging of the fee would significantly and adversely
				affect the public health;
5.2.2.
				Tests on second or additional specimens are required by the Commissioner
				because of the inability to make or complete a test, or because the testing
				operation or procedure is unsatisfactory for any reason;
5.2.3. Specimens are determined to be
				unsatisfactory for testing at the time of submission; or
5.2.4. The exemption from fees provision of
				subsection 4.2. of this rule applies.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-51 - Fees for Services › Section 64-51-6 - Environmental Health Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				Commissioner may charge a fee for each environmental health service listed in
				Appendix B 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 64-51 - Fees for Services › Section 64-51-7 - Health Facility Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Department
				may charge a fee for each service provided to health facilities listed in
				Appendix C of this rule. The Office of Health Facility Licensure and
				Certification is under the auspices of the Office of the Inspector General
				(OIG). When a new rule is promulgated to replace this one with respect to
				Health Facility Licensure and Certification, the facility definitions in
				section 3 of this rule and the fee provisions in Appendix C of this rule, will
				be repealed.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-51 - Fees for Services › Section 64-51-8 - Health Statistics Center Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Commissioner may charge a fee for each service provided as listed in Appendix D
				of this rule: Provided that the state registrar may furnish services to state
				agencies and to organized charities, free of charge, when the services are
				required before presenting claims to the federal government, or to the state
				for public assistance, and; provided further, that the state registrar shall
				make an accurate record of all services provided for the above
				purposes.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-51 - Fees for Services › Section 64-51-9 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. 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 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 64-51 - Fees for Services › Appendix C - Health Facility Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
1.
Site Inspections for New Construction or
							 Major Renovation
A. Hospitals
$475
B. Ambulatory Surgical Facility
$400
C. Nursing Homes
$475
D. Assisted Living Residence
$250
E. Residential Care Community
$250
F. Behavioral Health Center Locations
$250
G. Medical Adult Day Care Centers
$200
2.
Architect's Review of Plans
A. Hospitals
1. New Hospitals and Major Additions
2. Minor Additions and Renovations
$850
$300
B. Ambulatory Surgical Centers
$200
C. Nursing Homes
1. New Home and Major Additions
2. Minor Additions and Renovations
$750
$200
D. Assisted Living Residence - 17 beds and
							 larger
1. New Home and Major Additions
2. Minor Additions and Renovations
$500
$250
E. Assisted Living Residences 4 - 16 beds
1. New Homes and Major Additions
2. Minor Additions and Renovations
$300
$200
F. Residential Care Community
$500
G. Behavioral Health Center Group Homes
$200
H. End Stage Renal Disease (ESRD)
$200
I. Hospice
1. New Hospice and Major Additions
2. Minor Additions and Renovations
$500
$250
J. Birthing Center
$200
K. Overtime Review Requested by Facility (per
							 hour)
$50
L. Medical Adult Day Care
$150
3.
Building Inspection of New Projects Prior to
							 Opening
A. Hospitals
1. New Hospitals and Major Additions
2. Minor Additions and Renovations
$850
$500
B. Ambulatory Surgical Facility
$400
C. Nursing Homes
1. New Home and Major Additions
2. Minor Additions and Renovations
$750
$400
D. Behavioral Health Center Group Homes
$400
E. End Stage Renal Disease (ESRD)
$400
F. Hospice
1. New Hospice and Major Additions
2. Minor Additions and Renovations
$650
$300
G. Birthing Center
$400
H. Medical Adult Day Care Centers
$300
I. Assisted Living Residences
$400
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-51 - Fees for Services › Appendix D - Health Statistics Center Fees

Current through Register Vol. XLI, No. 28, July 12, 2024
1. Fees for services:
A. Preparation of a new certificate of birth due to
							 adoption or legitimation. This does not include one certified copy.
No Charge
B. Amendment of a certificate following a legal name
							 change by court order. This does not include one certified copy.
$10
C. Amendment of a certificate subsequent to
							 acceptance of a child support enforcement order or a court ordered
							 determination of paternity. This does not include a certified copy.
No Charge
D. Amendment of a birth certificate after acceptance
							 of a paternity acknowledgment. This does not include a certified copy.
No charge within 1 year of birth $10 after the 1st
							 year
E. Preparing and filing a delayed certificate of
							 birth or death. This does not include one certified copy.
$15
F. Additional handling charge for non-routine,
							 expedited service and all special delivery, priority, or express mail that
							 requires special attention. Express shipping charges extra at cost.
$5 for regular mail
$10 for next day service
G. Preparing and filing a presumptive death
							 certificate. This does not include one certified copy.
No Charge
H. Amending a birth or death certificate. This does
							 not include one certified copy.
$No charge within one year of event $10 after the 1st
							 year of event
I. Manually preparing an abstracted document from the
							 original on file for certification, upon demand by the customer. This does not
							 include a certified copy of the abstracted certificate.
$10
J. Preparing an heirloom birth certificate from the
							 original document.
$30
K. A fee may be charged for special services not
							 specified in this Appendix. The fee shall be the actual cost for providing the
							 service as determined by the State Registrar.
L. The State Registrar may waive a fee for service
							 for good cause, including requests from legitimate charities and those on
							 behalf of indigent persons.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-52 - Pertussis Guidelines › Section 64-52-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				interpretive rule establishes guidelines relating to the administration of
				pertussis vaccine, procedures for notification of health care providers of the
				guidelines and procedures for data collection and reporting.
1.2. Authority. -- W. Va. Code
				'16-3B
1.3. Filing Date. --
				February 20, 1987
1.4. Effective
				Date. -- August 1, 1987
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-52 - Pertussis Guidelines › Section 64-52-2 - Application And Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Application -- This rule applies to any
				health care provider (See Section 3.4).
2.2. Administration -- The administration of
				this rule is vested with the Director of the West Virginia Department of
				Health.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-52 - Pertussis Guidelines › Section 64-52-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Any Other
				Adverse Reaction -- Any reaction which the department, after consultation with
				the medical and pharmacy facilities of West Virginia's teaching hospitals,
				determines by guidelines is a basis for not continuing with pertussis vaccine
				administration (See Section 4).
3.2. Department -- The West Virginia
				Department of Health.
3.3. Director
				-- The Director of the West Virginia Department of Health or his or her lawful
				designee.
3.4. Health Care Provider
				-- Any licensed health care professional, organization or institution, whether
				public or private, under whose authority pertussis vaccine is
				administered.
3.5. Major Adverse
				Reaction -- Any serious illness, disability or impairment of mental, emotional,
				behavioral or physical functioning or development, the first manifestation of
				which appears within four weeks after the date of administration of pertussis
				vaccine and for which there is reasonable scientific or medical evidence that
				pertussis vaccine causes, or significantly contributed to, such
				effect.
3.6. Pertussis Vaccine --
				Any vaccine that contains materials intended to prevent the occurrence of
				pertussis, whether or not the materials are administered separately or in
				conjunction with other materials intended to prevent the occurrence of other
				diseases.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-52 - Pertussis Guidelines › Section 64-52-4 - Circumstances Under Which PertussisVaccine Should Not Be Administered

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Pertussis
				vaccine should not be administered to an individual who is less than six weeks
				of age or who is seven or more years old, except that in epidemic situations,
				immunization may be started as early as two weeks of age, and the first three
				doses can be given as frequently as four weeks apart.
4.2. If pertussis vaccine is to be
				administered to an individual who is less than six weeks of age and the seventh
				birthday, general use guidelines (a recommended immunization schedule based on
				data collected by the Advisory Committee on Immunization Practices of the
				United States Public Health Service and the Committee on Infectious Diseases of
				the American Academy of Pediatrics) provided by the department to local and
				county health departments should be consulted.
4.3. Pertussis vaccine should not be
				administered to an individual who has an evolving neurologic
				disorder.
4.4. When an infant or
				child returns for a second or later dose of pertussis vaccine, the parent
				should be questioned about any adverse events occurring after the previous
				dose.
4.5. Pertussis Vaccine
				Contradictions -- Major adverse reactions following pertussis immunization that
				constitute absolute contraindications to further administration of pertussis
				vaccine are as follows:
(a) collapse or shock
				occurring within forty-eight hours;
(b) crying persisting for three or more hours
				or an unusual high-pitched cry occurring within forty-eight hours;
(c) temperature of 104.9 degrees fahrenheit
				or greater occurring within forty-eight hours;
(d) a convulsion or seizure with or without
				accompanying fever occurring up to three days after receipt of pertussis
				vaccine;
(e) severe alteration of
				consciousness within seven days;
(f) generalized and/or focal neurologic signs
				within seven days;
(g) systemic
				(severe) allergic reactions within seven days;
(h) excessive somnolence within seven
				days;
(i) an evolving neurologic
				disorder within seven days; or
(j)
				an episode of limpness and paleness within seven days.
If additional circumstances under which pertussis vaccine
				  should not be administered become known by the scientific community, the
				  department will review the above list to determine whether amendment is
				  warranted. Nothing in this section relieves a health care provider from
				  responsibility for reporting all adverse reactions as required under Section
				  8.1 (c).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-52 - Pertussis Guidelines › Section 64-52-5 - Circumstances Under WhichAdministration Of Pertussis Vaccine Should BeDelayed

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Administration
				of the pertussis vaccine should be delayed under any of the following
				circumstances:
(a) an individual exhibits a
				severe febrile illness;
(b) an
				individual is receiving immunosuppresive therapy, including irradiation,
				antimetabolites, corticosteroids, alkylating agents, or cytotoxic
				drugs;
(c) an individual has a
				history of seizure and it has not been determined that there is not an evolving
				neurologic disorder present; or
(d)
				it is suspected, although not confirmed, that an individual has experienced a
				major adverse reaction.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-52 - Pertussis Guidelines › Section 64-52-6 - Categories Of Potential Recipients Significantly More Vulnerable To Major Adverse Reactions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Individuals who have an evolving neurologic disorder are significantly more
				vulnerable to major adverse reactions than is the general population.
6.2. Individuals who have or had a current or
				previous major or other adverse reaction are significantly more vulnerable to
				major adverse reactions than is the general public.
6.3. Infants and young children who have had
				previous convulsions (whether febrile or nonfebrile) are more likely to have
				seizures following pertussis vaccine than those without such histories, but
				there is no evidence that such seizures induce permanent brain damage in
				children.
6.4. General or special
				use guidelines, as referenced in Section 4.2 and 5.2 should be consulted when a
				health care provider is considering the administration of pertussis vaccine to
				individuals significantly more vulnerable to major adverse reactions than the
				general population.