reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-15 - Recovery Residence Certification And Accreditation Program › Section 69-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -
				This rule establishes criteria for recovery residence certification,
				revocation, and reinstatement; contracting with the certifying agency;
				monitoring of the certifying agency and evaluation of the accreditation
				program; and a grievance procedure for recovery residents. The purpose of this
				rule is to safeguard the rights and well-being of recovery residents by
				requiring certain standards for voluntary recovery residence certification and
				a clear process for resident grievances.
1.2. Authority. - W. Va. Code §
									16-59-2(g).
1.3. Filing Date. - April 29,
				2021.
1.4. Effective Date. - April
				30, 2021.
1.5. Sunset Provision. -
				This rule shall terminate and have no further force or effect on August 1,
				2026.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-15 - Recovery Residence Certification And Accreditation Program › Section 69-15-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Act" means
				the provisions of W. Va. Code §
									16-59-1,
et seq
.
2.2.
				"Certificate of Compliance" means a certificate that is issued to a recovery
				residence by the department's certifying agency.
2.3. "Certified Recovery Residence" means a
				recovery residence that holds a valid certificate of compliance.
2.4. "Department" means the West Virginia
				Department of Health and Human Resources.
2.5. "Recovery Residence" means a
				single-family, drug-free, alcohol-free residential dwelling unit, or other form
				of group housing, that is offered or advertised by any person or entity as a
				residence that provides a drug-free and alcohol-free living environment with
				the purpose of promoting sustained, long-term recovery from substance use
				disorder. Recovery residences shall be certified pursuant to National Alliance
				for Recovery Residences (NARR) standards.
2.6. "Bureau" means the Bureau for Behavioral
				Health within the West Virginia Department of Health and Human Resources.
2.7. "Drug-free" means that
				residents shall not use or possess illicit drugs or prescription drugs not
				prescribed to them. It does not mean a person's over-the-counter or
				prescription medication, including psychotropic medication, naloxone, and
				medication-assisted treatment (MAT).
2.8. "Medication-Assisted Treatment" or "MAT"
				means the use of FDA-approved medications, in combination with counseling and
				behavioral therapies, to provide a whole-patient approach to the treatment of
				substance use disorders.
2.9.
				"Substance Use Disorder" or "SUD" means the recurrent use of alcohol or drugs
				that causes clinically significant impairment, including health problems,
				disability, and failure to meet major responsibilities at work, school, or
				home.
2.10. "Supportive Services"
				are services provided to recovery residents by recovery residence staff or
				licensed professionals that include, but are not limited to, the following:
2.10.1. Vocational services;
2.10.2. Peer support;
2.10.3. Skills training;
2.10.4. Housing support; or
2.10.5. Community resource referral.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-15 - Recovery Residence Certification And Accreditation Program › Section 69-15-3 - Certifying Agency

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The
				bureau shall contract with a certifying agency to administer the recovery
				residence voluntary certification program for drug-free and alcohol-free
				recovery residences as follows:
3.1.1. The
				certifying agency shall use standards determined by NARR or a similar entity;
3.1.2. The contract may last up to
				two years and may be renewed based upon satisfactory accreditation program
				performance; and
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-15 - Recovery Residence Certification And Accreditation Program › Section 69-15-4 - Minimum Standards for Recovery Residence Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The certifying agency shall establish
				and implement an accreditation program for drug-free and alcohol-free recovery
				residences in accord with W. Va. Code §
									16-59-1,
et seq
.
4.2. To
				receive a certificate of compliance, a recovery residence must meet or exceed
				the current NARR standards as well as additional requirements in the Act.
4.3. A certificate of compliance
				should specify the following:
4.3.1. Name of
				the recovery residence;
4.3.2.
				Business name of the organization or entity that owns and operates the recovery
				residence;
4.3.3. Number of beds
				permitted under the certificate;
4.3.4. Gender designation of the beds;
4.3.5. Address of the recovery
				residence;
4.3.6. Type of
				certification (i.e., initial or renewal);
4.3.7. Level of recovery support provided;
4.3.8. Duration of the certificate
				of compliance;
4.3.9. Date of
				issue; and
4.3.10. Certificate
				number.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-15 - Recovery Residence Certification And Accreditation Program › Section 69-15-5 - Procedure for Revocation and Reinstatement of Recovery Residence Certification

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				The certifying agency may revoke a recovery residence's certificate of
				compliance for the following reasons:
5.1.1.
				The recovery residence administrator provides false or misleading information
				to the certifying agency at any time;
5.1.2. Monitoring or inspection shows the
				recovery residence is in violation of a NARR standard, the Act, or other
				requirements of the certifying agency;
5.1.3. The recovery residence fails to
				cooperate with the department, bureau, or certifying agency investigation of a
				complaint; or
5.1.4. Resident
				complaints or grievances indicate safety concerns, discrimination, abuse, or
				other practices detrimental to the well-being of residents.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-15 - Recovery Residence Certification And Accreditation Program › Section 69-15-6 - Residents' Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each
				recovery residence shall establish and adhere to a written policy, consistent
				with this rule series, regarding the rights and responsibilities of residents,
				which shall be explained to residents at the time of admission. Receipt of the
				rights by the resident shall be indicated by a signature and date by the
				resident on a line for that purpose on the admission agreement.
6.2. The rights and responsibilities of
				residents shall be posted prominently in the recovery residence.
6.3 Each residence shall establish an
				accessible, written grievance procedure for resolving residents' concerns or
				complaints that is explained to residents at the time of admission and posted
				in a prominent, public place on each floor of the residence. The grievance
				procedure shall include at a minimum, time frames, a process for responding to
				residents in writing within 10 calendar days, and the next steps a resident may
				take if the complaint or grievance is not resolved to the resident's
				satisfaction at the recovery residence level.
6.3.1. The residence shall assist a resident
				with grievances and recommended changes in policies without fear of reprisal,
				interference, punishment, or discrimination.
6.3.2. The resident may submit any grievance
				he or she finds unsatisfactorily resolved by the recovery residence to the
				certifying agency, in writing, within 10 calendar days after receiving the
				recovery residence's decision.
6.3.3. The resident may submit any grievance
				he or she finds unsatisfactorily resolved by the certifying agency to the
				bureau for a final decision of his or her grievance. Any grievance submitted to
				the bureau must be submitted in writing within 10 calendar days from the final
				decision of the certifying agency and mailed to the bureau's current address.
				Resident's grievances submitted to the bureau must include all writings
				submitted to and received from the recovery residence and certifying agency.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-15 - Recovery Residence Certification And Accreditation Program › Section 69-15-7 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Before any certificate of compliance is denied, suspended, or revoked, written
				notice shall be given to the owner or owners of the recovery residence, stating
				the grounds of the denial, suspension, revocation, or penalty and the date set
				for any enforcement action.
7.1.1. The notice
				shall be sent by certified mail to the owner or owners at the owner's business
				address.
7.1.2. Within 30 days of
				receipt of the notice, the owner or owners may submit a request for an
				administrative hearing before the Department's Board of Review or an informal
				meeting with the bureau to address and resolve the findings.
7.1.3. The recovery residence and its owner
				or owners shall be entitled to be represented by legal counsel at the informal
				meeting or at the hearing at their own expense.
7.1.4. All of the pertinent provisions of W.
				Va. Code §
										29A-5-1,
				et seq., and W. Va. Code R. § 69-1-1, et seq., shall apply to and govern
				any hearing authorized by this rule.
7.1.5. If an owner fails to request a hearing
				within the time frame specified, he or she shall be subject to the full penalty
				imposed.
7.1.6. The filing of a
				request for a hearing does not stay or supersede enforcement of the final
				decision or order of the Secretary. The Secretary may, upon good cause shown,
				stay such enforcement.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-15 - Recovery Residence Certification And Accreditation Program › Section 69-15-8 - Administrative Appeals and Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Any owner of a recovery residence who
				disagrees with the final administrative decision as a result of the hearing
				may, within 30 days after receiving notice of the decision, appeal the decision
				to the Circuit Court of Kanawha County or in the county where the petitioner
				resides or does business.
8.1.1. The filing
				of a petition for appeal does not stay or supersede enforcement of the final
				decision or order of the Secretary. An appellant may apply to the circuit court
				for a stay of or to supersede the final decision or order.
8.1.2. The Circuit Court may affirm, modify,
				or reverse the final administrative decision. The owner or owners, or the
				Secretary may appeal the court's decision to the Supreme Court of Appeals.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-16 - Purchasing Procedures › Section 69-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - The
				poHdes and procedures set forth herem are promulgated as reguSatsons governing
				the purchasing and contracting for exempt goods and services contracts as
				administered by the West Virginia Department of Health and Human Resources, in
				accordance with the statutory exemptions from the West Virginia Purchasing
				Divasion and approved by the West Virginia Legislature.
1.2. Authority. -- W. Va. Code §
									5A-1-12.
1.3. Filing Date. -- April 16,
				2021
1.4. Effective Date. -- May
				17, 2021.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-16 - Purchasing Procedures › Section 69-1-2 - incorporated by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				Department of Health and Human Resources hereby adopts and incorporates by
				reference the purchasing procedures as outlined in the
DHHR Exempt
				Goods and Services Contracid Purchosin Methodology and Manual
, adopted
				March 2021, as follows:
Click Here To
				  View Image
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				legislative rule establishes standards and procedures for the licensure and
				regulation of syringe services programs in the state of West
				Virginia.
1.2. Authority. - W. Va.
				Code § 16-64-7.
1.3. Filing
				Date. - April 4, 2022.
1.4.
				Effective Date. - April 4, 2022.
1.5. Sunset Provision. - This rule shall
				terminate and have no further force or effect upon August 1, 2026.
1.6. Applicability - This rule applies to any
				person, partnership, association, or corporation that operates a syringe
				services program as part of a harm reduction program. This rule does not apply
				to any person, partnership, association, or corporation that operates a harm
				reduction program that does not provide syringe services program.
1.7. Purpose. - The purpose of this rule is
				to ensure that all West Virginia syringe services programs conform to a common
				set of minimum standards and procedures to ensure the care, service, safety,
				and welfare of participants therein.
1.8. Enforcement. - This rule is enforced by
				the Secretary of the Department of Health and Human Resources or his or her
				lawful designee. For the purposes of this rule, W. Va. Code § 16-64-2
				designates the Office of Health Facility Licensure and Certification to license
				and regulate syringe services program within the state of West
				Virginia.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Definitions
				incorporated by reference. - Those terms defined in W. Va. Code § 16-64-1
				are incorporated herein by reference.
2.2. 1:1 Exchange Model -- A practice of
				restricting syringe access by providing a participant only the number of
				syringes that the participant returns to the syringe services program for
				disposal either by counting or by weight.
2.3. Adverse Event or Incident -- An event
				involving an immediate threat to the care or safety of an individual, either
				program staff member, contracted individual, volunteer, or participant; the
				possibility of serious operational or personnel problems within the syringe
				services program; or the potential to undermine public confidence in the
				syringe services program.
2.4.
				Bloodborne pathogens -- Pathogenic microorganisms that are present in human
				blood and can cause disease in humans; including, but not limited to, hepatitis
				B virus, hepatitis C virus, and human immunodeficiency virus.
2.5. Bureau for Public Health -- The West
				Virginia Bureau for Public Health within the West Virginia Department of Health
				and Human Services.
2.6. Full Array
				of Harm Reduction Services -- As used in this rule and in W. Va. Code §
				16-64-10(d), "full array of harm reduction services" means those harm reduction
				services stated in W. Va. Code § 16-64-3(a).
2.7. Injection Equipment -- Equipment
				involved in injecting drugs including, but not limited to cookers, cottons,
				water, and alcohol wipes.
2.8.
				Opioid Antagonist -- A drug that blocks opioids' reception by attaching to the
				opioid receptors without activating them thereby causing no opioid effect and
				blocking full agonist opioids.
2.9.
				Participant -- An individual who receives services or supports, or both, from a
				syringe services program or harm reduction program, or both, under this rule.
2.10. Participant Confidentiality
				Protocols -- Written protocols that strictly limit the disclosure of
				participant identification information.
2.11. Plan of Correction -- A written
				description of the actions the syringe services program intends to take to
				correct and prevent the reoccurrence of violations of a rule or policy
				identified by the Office of Health Facility Licensure and Certification during
				an investigation, inspection, or survey.
2.12. Secretary -- The Secretary of the West
				Virginia Department of Health and Human Resources or his or her
				designee.
2.13. Viral Hepatitis --
				Any of the forms of hepatitis caused by a virus, including hepatitis A virus,
				hepatitis B virus (HBV), and hepatitis C virus (HCV).
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-4 - Inspections and Plans of Correction

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Director or his or her designee
				shall conduct unannounced inspections of a syringe services program for cause
				if the Director has received a complaint about the program or has reason to
				believe that the program may be operating in violation of federal or state
				statutes, rules, or regulations.
4.2. Inspections may include interviews with
				owners and staff; interviews of participants with participant's consent; review
				of program records; observation of service delivery; review of program
				documents and policies; and review of any other documents necessary for the
				determination of compliance with this rule and W. Va. Code §§
				16-64-1,
et seq.
4.3. The syringe services program shall
				ensure immediate access to all participant and program records upon request of
				the Director or his or her designee. If access is denied, a judge of any court
				of record in this state having criminal jurisdiction, and upon proper oath or
				affirmation showing probable cause, may issue administrative or inspection
				warrants for the purpose of conducting inspections and seizures of property
				appropriate to the inspections.
4.4. At the time of any onsite investigation
				activities, the investigator shall notify the syringe services program
				administrator at the syringe services program of the general reason for the
				investigation.
4.5. Within 15
				working days of the investigation, the Director shall provide to the program
				administrator at a syringe services program a written report of the results of
				the investigation. The report shall specify any deficiency found and the
				statute or rule that forms the basis for each deficiency.
4.6. Within 10 working days after receipt of
				the inspection report, the program administrator of a syringe services program
				shall submit to the Director for approval a written plan to correct all
				deficiencies that are in violation of this rule or statute. The plan of
				correction shall specify:
4.6.1. Any action
				taken or procedures proposed to correct the deficiencies, and prevent their
				reoccurrence;
4.6.2. The date of
				completion of each action taken or to be taken; and
4.6.3. The signature of the program
				administrator, or his or her designee, or other executive officer of the
				syringe services program.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-5 - Organization and Management

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Each
				syringe services program shall identify a program administrator and disclose
				other employees and their duties.
5.2. Program Administrator.
5.2.1. The administrator of a syringe
				services program shall have at a minimum one of the following:
5.2.1.a. An associate degree in an
				appropriate area of study and a minimum of two years of experience in the
				fields of public health, substance use disorders, behavioral health, health
				care administration, peer recovery programs, or harm reduction;
5.2.1.b. A bachelor's degree in an
				appropriate area of study and a minimum of one year of experience in the fields
				of public health, substance use disorders, behavioral health, health care
				administration, peer recovery programs, or harm reduction;
5.2.1.c. A master's degree in an appropriate
				professional area of study; or
5.2.1.d. Four years of experience in the
				fields of public health, substance use disorders, behavioral health, health
				care administration, peer recovery programs, or harm reduction.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-6 - Service Environment and Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Each syringe services program shall
				have:
6.1.1. Programmatic guidelines
				including a sharps disposal plan, a staff training plan, data collection and
				program evaluation plan, and a community relations plan;
6.1.2. Sufficient space and adequate
				equipment for the provision of or referral for all services specified in the
				syringe services program's description of harm reduction services offered
				pursuant to W. Va. Code § 16-64-3;
6.1.3. Clean and safe participant treatment
				areas;
6.1.4. A secure room and
				lockable equipment for physical participant records or appropriate security
				mechanisms for electronic records, or both;
6.1.5. Policies and procedures regarding the
				confidentiality of all information in participant records which specify the
				requirements for access to the secure room and to electronic records, including
				levels of access; and
6.1.6.
				Sanitary and secure disposal areas.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-7 - Staff; Training and Credentialing of Staff

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. All employees, volunteers, contracted
				individuals, and associates of a syringe services program are subject to the
				restrictions, prohibitions, and requirements established in this
				rule.
7.2. Professional Medical
				Staff.
7.2.1. The syringe services program
				may employ, contract with, and use physicians and other licensed health care
				professionals working within their scope of practice who have received
				sufficient training and experience in accordance with program policies and
				procedures developed by the syringe services program.
7.2.2. All physicians and licensed health
				care professionals employed or contracted by the syringe services program shall
				be actively licensed in West Virginia.
7.2.3. The syringe services program must
				ensure that there is trained staff on duty at all times who are proficient in
				cardiopulmonary resuscitation and administration of opioid
				antagonist.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-8 - Participant Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each
				syringe services program shall have policies and procedures that guarantee the
				following rights to participants:
8.1.1. To be
				informed, both verbally and in writing, of program rules and regulations and
				participant's rights and responsibilities;
8.1.2. To receive services provided in a fair
				and impartial manner free from unlawful discriminatory practices pursuant to W.
				Va. Code §
										5-11-9;
8.1.3. To be informed about the financial
				aspects of any services provided by the harm reduction program and the syringe
				services program;
8.1.4. To ensure
				confidentiality in accordance with federal regulations, 42 C.F.R. Part 2 , and
				the Health Insurance Portability and Accountability Act of 1996, as
				amended;
8.1.5. To be informed of
				the extent of confidentiality, including the conditions under which information
				can be released without consent, the use of identifying information for the
				purpose of program evaluation and statutory requirements for reporting
				abuse;
8.1.6. To give informed
				consent prior to being involved in research projects and the right to retain a
				copy of the informed consent form; and
8.1.7. To inform each participant about all
				service procedures, services, and other policies and procedures throughout the
				course of treatment.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-9 - Provision of Services

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1.
				Participant Requirements.
9.1.1. Participants
				in the syringe services program must be at least 18 years old. Other harm
				reduction services may be offered to individuals under 18 years old where
				permitted and appropriate.
9.1.2.
				Participants in the syringe services program must present proof of West
				Virginia identification upon dispensing syringes and injection equipment. Each
				program must have a policy regarding the types of West Virginia identification
				that will be accepted by its program.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-10 - Reports and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Inspection Reports and Records.
10.1.1. The
				Director shall keep on file a report of any inspection, survey, or
				investigation of a syringe services program.
10.1.2. Information in reports or records
				shall be available to the public except for the following:
10.1.2.a. Information regarding complaints
				and subsequent investigations that is deemed confidential by any provision of
				this rule or applicable state or federal law;
10.1.2.b. Information of a personal nature
				from a participant or personnel file; or
10.1.2.c. Information required to be kept
				confidential by state or federal law.
10.1.3. The Director will not make a report
				of any investigation public until the syringe services program has the
				opportunity to review the report, submit a plan of correction, and obtain an
				approved plan of correction.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-11 - Quality Assurance and Performance Improvement

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The program administrator is
				responsible for and shall review at least annually the development,
				implementation, maintenance, and effective evaluation of quality assessments
				for performance improvement and effectiveness. This process systematically
				collects, measures, analyzes, and tracks objective indicators of participant
				care and services and program operations. This evaluation plan should review
				whether the syringe services goals are being met and, if goals are not being
				met, decide if and how to change services to better meet the syringe services
				program's goals.
11.2. The syringe
				services program shall maintain current quality assessment and performance
				improvement policies that objectively and systematically monitor and evaluate
				the quality and appropriateness of participant service, evaluate the methods to
				improve participant service, identify and correct deficiencies within the
				program, and provide for opportunities to improve the program's performance and
				quality of service.
11.3. The
				syringe services program shall make available to the Director the results of
				quality assessment and performance improvement information upon
				request.
11.4. Quality assessment
				and performance improvement policies and areas of measurement shall include,
				but not be limited to:
11.4.1. Staff,
				administrative, and practitioner performance;
11.4.2. Evaluation of services
				provided;
11.4.3. Incidents and
				adverse events;
11.4.4. Evaluation
				of all services provided to participants by the syringe services program and
				harm reduction program;
11.4.5.
				Review and verification of staff credentials, training, periodic evaluations,
				and licensure;
11.4.6. Review of
				syringe services program policies and procedures;
11.4.7. Infection control issues in regard to
				universal infection control guidelines set forth by the Centers for Disease
				Control and Prevention; and
11.4.8.
				Review of participant outcomes and service outcomes.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-12 - Infection Control

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				syringe services program shall maintain an effective infection control program
				that protects the participants and program personnel and volunteers by
				preventing and controlling infections and communicable diseases.
12.2. The syringe services program shall
				include the implementation of a nationally recognized system of infection
				control guidelines.
12.3. The
				syringe services program shall have an active surveillance and education
				program for the prevention, early detection, control, and investigation of
				infections and communicable diseases.
12.4. The syringe services program shall
				designate a person or persons, with appropriate education and training, as
				infection control officers to develop and implement policies and governing
				control of infections and communicable diseases for participants and
				personnel.
12.5. Employees,
				contracted individuals, and volunteers should assume that blood and other
				bodily fluids from participants are potentially infectious and require
				infection control precautions at all times, including, but not limited to:
12.5.1. Routine use of barriers such as
				gloves, goggles, closed-toe and closed-heel shoes;
12.5.2. Immediate washing of hands and other
				skin surfaces after contact with blood or bodily fluids; and
12.5.3. Careful handling and disposal of
				sharp instruments during and after use.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-13 - License Suspension or Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Grounds for Suspension or Revocation.
13.1.1. The Director may suspend or revoke a
				syringe services program license issue pursuant to this rule if any provisions
				of federal or state law or this rule are violated based upon the findings and
				results of any periodic, complaint, or other inspection and evaluation. Any
				period of suspension for the license of a syringe services program shall be
				prescribed by the Director but may not exceed one year.
13.1.2. The Director may suspend or revoke a
				syringe services program license for one or more of the following reasons:
13.1.2.a. The Director makes a determination
				that fraud or other illegal action has been committed by any owner or
				administrator of the syringe services program;
13.1.2.b. The syringe services program has
				violated federal, state, or local law relating to licensure, building, health,
				fire protection, safety, sanitation, or zoning;
13.1.2.c. The written statement of support
				from a majority of the members of the county commission or a majority of the
				members of a governing body of a municipality in which a syringe services
				program is located has been rescinded;
13.1.2.d. The syringe services program has
				failed or refused to submit reports or make records available as requested by
				the Director;
13.1.2.e. A syringe
				services program has refused to provide access to its location or records as
				requested by the Director;
13.1.2.f. A syringe services program's
				administrator has knowingly and intentionally misrepresented actions taken to
				correct a violation;
13.1.2.g. An
				owner or program administrator of a syringe services program concurrently
				operates an unlicensed syringe services program;
13.1.2.h. An owner of a syringe services
				program knowingly operates, owns, or manages an unlicensed syringe services
				program that is required to be licensed;
13.1.2.i. The owners of a syringe services
				program fail to apply for a new license for the program upon a change of
				ownership and operate the program under the new ownership; or
13.1.2.j. An owner or administrator acquires
				or attempts to acquire a license for a syringe services program through
				misrepresentation or fraud or procures or attempts to procure a license for a
				syringe services program for any other person by making or causing to be made
				any false representation.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-14 - Penalties and Equitable Relief

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Grounds for Penalties and Injunctions.
14.1.1. Any person, partnership, association,
				or corporation that establishes, conducts, manages, or operates a syringe
				services program without first obtaining a license therefore or which violates
				any provisions of W. Va. Code §§ 16-64-1,
et seq.
,
				or this rule shall be assessed a civil money penalty by the Director in
				accordance with this rule.
14.1.2.
				Each day of continuing violation after notification of the infraction shall be
				considered a separate violation.
14.1.3. If the syringe services program fails
				to timely file reports required by section 10 of this rule and W. Va. Code
				§ 16-64-7, the Director may impose a civil money penalty not to exceed
				$500 per day.
14.1.4. If the
				syringe services program's owner or program administrator, or both, knowingly
				and intentionally misrepresents actions taken to correct a violation, the
				Director may impose a civil money penalty not to exceed $5,000, and deny or
				revoke the syringe services program's license.
14.1.5. If an owner of a syringe services
				program concurrently operates an unlicensed syringe services program, the
				Director may impose a civil money penalty upon the owner or program
				administrator, or both, not to exceed $2,500 per day.
14.1.6. If the owner of a syringe services
				program that requires a license under W. Va. Code §§ 16-64-1,
et seq.
, fails to apply for a new license for the syringe
				services program upon a change of ownership and operates the syringe services
				program under the new ownership, the Director may impose a civil money penalty
				not to exceed $2,500.
14.1.7. If a
				syringe services program knowingly operates, owns, or manages an unlicensed
				syringe services program that is required to be registered pursuant to W. Va.
				Code §§ 16-64-1,
et seq.
, obtains a license to
				operate a syringe services program through misrepresentation or fraud; procures
				or attempts to procure a license for a syringe services program for any other
				person by making or causing to be made any false representation, the Director
				may assess a civil money penalty of not more than $10,000. The penalty may be
				in addition to or in lieu of any other action that may be taken by the Director
				or any other board, court, or entity.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-15 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Before any syringe services program license is denied, suspended, penalized, or
				revoked, written notice shall be given to the program administrator of the
				syringe services program, stating the grounds of the denial, suspension,
				penalty, or revocation and the date set for any enforcement action and the
				location to which it applies. The notice shall also include the remedial
				measures the syringe services program shall take, if any, to consider
				reinstatement or removal of suspension of the license and the due process
				rights of the syringe services program.
15.1.1. The notice shall be sent by certified
				mail to the program administrator at the address where the syringe services
				program concerned is located.
15.1.2. Within 30 days of receipt of the
				notice, the owner or program administrator may submit a request for an
				administrative hearing to address and resolve the findings.
15.1.3. The syringe services program and its
				owner shall be entitled to be represented by legal counsel at the
				administrative hearing at their own expense.
15.1.4. All of the pertinent provisions of W.
				Va. Code §§
										29A-5-1,
et seq.
, and 69CSR1, shall apply to and govern any hearing
				authorized by this rule.
15.1.5. If
				an owner fails to request an administrative hearing within the time frame
				specified, he or she shall be subject to the full penalty imposed.
15.1.6. The filing of a request for an
				administrative hearing does not stay or supersede enforcement of the final
				decision or order of the Director. The Director may, upon good cause shown,
				stay such enforcement.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-17 - Syringe Services Program Licensure › Section 69-17-16 - Administrative Appeals and Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. Any owner of a syringe services program
				who disagrees with the final administrative decision as a result of the
				administrative hearing may, within 30 days after receiving notice of the
				decision, appeal the decision to the Circuit Court of Kanawha County or in the
				county where the petitioner resides or does business.
16.2. The filing of a petition for appeal
				does not stay or supersede enforcement of the final decision or order of the
				Director. An appellant may apply to the circuit court for a stay of or to
				supersede the final decision or order.
16.3. The Circuit Court may affirm, modify,
				or reverse the final administrative decision. No circuit court has jurisdiction
				to affirm, modify, or reverse a decision of the Director if the syringe
				services program failed to request an administrative hearing with the Board of
				Review in the time frame allowed. The owner or owners, or the Secretary, may
				appeal the court's decision to the West Virginia Supreme Court of
				Appeals.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-19 - Core Behavioral Health Crisis Services System › Section 69-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This legislative rule supports
				implementation of the state's 988 crisis hotline center or centers by allowing
				appropriate information sharing and communication between and across crisis and
				emergency response systems for the purpose of real-time crisis care
				coordination, deployment of crisis and outgoing services, and linked, flexible
				services specific to crisis response.
1.2. Authority. -- W. Va. Code
				§
									16-42-6.
1.3. Filing Date. --
				March 30, 2023.
1.4. Effective
				Date. -- April 1, 2023.
1.5. Sunset
				Provision. -- This rule shall terminate and have no further force or effect on
				August 1, 2028.
1.6. Applicability
				-- This rule applies to any person, partnership, association, or corporation
				that operates a 988 crisis hotline center in the state and all other persons or
				entities engaging in services that assist individuals who use the 988 crisis
				hotline center.
1.7. Enforcement.
				-- This rule is enforced by the Secretary of the Department of Health and Human
				Resources or his or her lawful designee.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-19 - Core Behavioral Health Crisis Services System › Section 69-19-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "988 Crisis Hotline Center" or "hotline
				center" means a state-identified center participating in the National Suicide
				Prevention Lifeline Network to respond to statewide or regional 988 calls,
				chats, or texts.
2.2. "BBH" means
				the Department of Health and Human Resources, Bureau for Behavioral
				Health.
2.3. "Crisis receiving and
				stabilization services" means facilities providing short-term (under 24 hours)
				with capacity for diagnosis, initial management, observation, crisis
				stabilization, and follow- up referral services to all persons in a home-like
				environment.
2.4. "Department"
				means the West Virginia Department of Health and Human Resources.
2.5. "National Suicide Prevention Lifeline"
				or "NSPL" means the national network of local crisis centers that provides free
				and confidential emotional support to people in suicidal crisis or emotional
				distress 24 hours a day, seven days a week. Membership as an NSPL center
				requires nationally recognized certification which includes evidence-based
				training for all staff and volunteers in the management of calls.
2.6. "Secretary" means the Secretary of the
				West Virginia Department of Health and Human Resources.
2.7. "Substance Abuse and Mental Health
				Services Administration" or "SAMHSA" means the agency within the U.S.
				Department of Health and Human Services that leads public health efforts to
				advance the behavioral health of the nation.
2.8. "Warm transfer" means a process to
				connect a caller, chatter, or texter with another entity while prioritizing
				continuity of care by providing an explanation of the call to the receiving
				entity.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-19 - Core Behavioral Health Crisis Services System › Section 69-19-3 - 988 Crisis Hotline Center

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Designation
				of 988 Crisis Hotline Center.
3.1.1. The
				Secretary shall designate a crisis hotline center or centers every even state
				fiscal year.
3.1.2. In order to be
				designated as the state's 988 Crisis Hotline Center shall:
3.1.2.a. Be or have the ability to become
				certified, accredited, or licensed according to the 988 Suicide & Crisis
				Lifeline standards;
3.1.2.b. Be a
				member or join the NSPL Network as West Virginia's call center;
3.1.2.c. Have the capacity to verify callers
				statewide through caller identification mechanisms that are immediately
				documented upon receipt of the call and ensure that teletypewriter services are
				available at all times for people who are deaf, hard of hearing, or have a
				speech impairment.
3.1.2.d. In
				addition to answering calls, have the capacity to answer chats and texts to
				988.
3.1.3. If the
				designated 988 Crisis Hotline Center is unable to perform its duties adequately
				under any agreements with the state, W. Va. Code §
										16-42-1
et
				seq.
, the duties contained in this rule, or any other state or federal
				law, the Secretary may:
3.1.3.a. Cancel any
				contracts, grants, or other agreements with the call center pursuant to the
				terms of such contracts, grants, or agreements and designate a new 988 Crisis
				Hotline Center; or
3.1.3.b.
				Designate additional 988 Crisis Hotline Centers.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-19 - Core Behavioral Health Crisis Services System › Section 69-19-4 - Information sharing

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The hotline
				center shall utilize an electronic information, referral and tracking platform
				that will support immediate connectivity with behavioral health, intellectual
				and developmental disability, and other providers statewide, making
				non-electronic connectivity available for providers unable to utilize an
				electronic system, such that available and qualified providers may be included
				in the database structure.
4.2. The
				hotline center shall provide for utilization of a "real-time, live" database,
				inclusive of all resources, service options, and system capacity in order to
				maintain an updated directory of regional and local service options, including
				bed capacity and supports and in both online searchable format for users and
				printable format for BBH internal use only.
4.3. All information and data collection,
				maintenance, or sharing must comply with all applicable state and federal
				privacy laws, including, but not limited to, the Health Insurance Portability
				and Accountability Act of 1996, W. Va. Code §
									27-3-1
et
				seq.
,  47 U.S.C. §
										222(d)(4)(A), and 42 C.F.R. Part 2.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-19 - Core Behavioral Health Crisis Services System › Section 69-19-5 - Reporting

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The designated 988 Crisis Hotline center
				shall:
5.1.1. Assist the department with
				preparation of required data reports, including the annual report referenced in
				W. Va. Code §
										16-42-7.
5.1.2.
				Collect and provide documentation of all activities related to the services it
				provides as required by the Department, SAMHSA, or other national
				partners.
West Virginia Code of State Rules › Agency 70 - Cancer Advisory Committee › Title 70 - PROCEDURAL RULE CANCER ADVISORY COMMITTEE › Series 70-01 - Meetings And Bylaws › Section 70-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule sets
				forth the means by which the time, place and purpose of all regular and special
				meetings are made available in advance to the public and the news media, and
				also establishes bylaws of the Cancer Advisory Committee.
1.2. Authority. -- W. Va. Code 6-9A-3 and
				16-5A-2a(d).
1.3. Filing Date. --
				July 9, 1993.
1.4. Effective Date.
				-- August 9, 1993.