reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 67 - Human Services › Title 67 - LEGISLATIVE RULE OFFICE OF DRUG CONTROL POLICY DEPARTMENT OF HUMAN SERVICES › Series 67-01 - Collection and Exchange of Data Related to Overdoses › Section 67-1-4 - Exchange of data and information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
Permitted Uses and Disclosures
. The ODCP may disclose data for
				legitimate purposes relating to public health to participants. The ODCP shall
				have the sole discretion to determine what constitutes a legitimate purpose
				relating to public health.
4.2.
				Participants may use and disclose data and information in furtherance of the
				purposes and goals of participants relevant to the development and
				implementation of best practices and evidence-based substance use disorder
				prevention, cessation, treatment and recovery programs, and youth tobacco
				access, smoking cessation and prevention when necessary for their proper
				management, administration, or execution of their legal responsibilities and
				privileges established herein. The participants agree not to use or further
				disclose data and information other than as authorized by law.
4.3. Data and information maintained by the
				ODCP may not be disclosed for commercial purposes.
4.4.
Overdose Information Maintained
				by Participants
.
4.4.1. Participants
				will provide overdose information in electronic format as maintained on each
				participant's system. The specific data elements that will be exchanged are the
				demographic and health information being requested from the originating
				participant's system. The participants are not responsible for the absence of
				overdose information in a participant's records and are only obligated to
				provide such information as they currently possess. The participants
				acknowledge that the overdose information provided is drawn from numerous
				sources and the overdose information provided may not include an entire
				record.
4.4.2. Participants shall
				provide overdose information to the ODCP in a timely manner.
4.4.3. Participants will reasonably determine
				that information disclosed is accurate and complete. If a participant becomes
				aware of any material inaccuracies in its own overdose information or system,
				it agrees to communicate such inaccuracy to the ODCP as soon as reasonably
				possible.
West Virginia Code of State Rules › Agency 67 - Human Services › Title 67 - LEGISLATIVE RULE OFFICE OF DRUG CONTROL POLICY DEPARTMENT OF HUMAN SERVICES › Series 67-01 - Collection and Exchange of Data Related to Overdoses › Section 67-1-5 - Failure to report; enforcement; request for a hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. If a mandatory reporter fails to report
				an overdose event or other reportable information to the ODCP within 24 hours
				of the overdose event, the ODCP may assess a civil penalty of not less than
				$500 or more than $1,000 per occurrence.
5.2. The ODCP shall not enforce a penalty on
				a mandatory reporter who makes a good faith attempt to collect the reportable
				information but is unable to do so. The mandatory reporter must, however,
				report the overdose event and any reportable information that it can ascertain
				within the appropriate time period.
5.3. The ODCP shall send written notice of
				any failure to report to the mandatory reporter. The notice shall contain the
				time period in which the failure occurred and the total amount of the
				fine.
5.4. A fined mandatory
				reporter may request a hearing related to the fine by sending a written request
				for a hearing to the ODCP within 30 days of receipt of the notice of the
				failure to report.
5.5. Hearings
				under this section will be conducted according to 69CSR1.
West Virginia Code of State Rules › Agency 68 - Health Care Planning Commission › Title 68 - PROCEDURAL RULES WEST VIRGINIA HEALTH CARE PLANNING COMMISSION › Series 68-01 - Meetings Of The WV Health Care Planning Commission › Section 68-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- This
				procedural rule establishes procedures for meetings of the West Virginia Health
				Care Planning Commission. The rule establishes procedures by which the time and
				place of all regularly scheduled meetings and the time, place and purpose of
				all special meetings of the "Commission will be made available, in advance, to
				the public and news media, as required by W. Va. Code §
									6-9A-3.
1.2. Authority. - W. Va. Code
				§§ 5-9A-3;16-lA-3.
1.3.
				Filing Date. - July 9, 1991
1.4.
				Effective Date. -
West Virginia Code of State Rules › Agency 68 - Health Care Planning Commission › Title 68 - PROCEDURAL RULES WEST VIRGINIA HEALTH CARE PLANNING COMMISSION › Series 68-01 - Meetings Of The WV Health Care Planning Commission › Section 68-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Chairperson"
				means the Commission member designated by the Governor as chairperson of the
				Commission, pursuant to W. Va. Code §16-lA-3.
2.2. "Commission" means the West. Virginia
				Health Care Planning Commission within the Office of the Governor, created by
				W. Va. Code §
									16-1A-3,
2.3. ''Decision" means any determination,
				action, vote or final disposition of a motion, proposal, resolution, order or
				measure on which a vote of the Commission is required at any meeting at which a
				quorum is present.
2.4. "Executive
				session" means any meeting or part of a meeting of the Commission which is
				closed to the public.
2.5.
				"Meeting" means the convening of the Commission for which a quorum is required
				in order to make a decision or to deliberate toward a decision on any matter,
				but such term does not include:
(a) any
				meeting for the purpose of making an adjudicatory decision in any
				quasi-judicial or administrative proceeding;
(b) any on-site inspection of any project or
				program, or
(c) any public hearing
				conducted solely for the purpose of receiving public comment or making
				information available to the public, and at which no decision or deliberation
				toward a decision will be made by the Commission.
West Virginia Code of State Rules › Agency 68 - Health Care Planning Commission › Title 68 - PROCEDURAL RULES WEST VIRGINIA HEALTH CARE PLANNING COMMISSION › Series 68-01 - Meetings Of The WV Health Care Planning Commission › Section 68-1-4 - Public hearings

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				presence o a quorum o Commission members shall not be required at any public
				hearing conducted solely for the purpose c receiving public comment or making
				information available to the public, and at which no decision or deliberation
				toward a decision will be made by the Commission. Provided, however, that at
				least one Commission member and the Commission's staff director shall attend
				each of the six (6) or more public hearings required by W. Va. Code §
									16-1A-5
				to be conducted on or before September 30, 1991.
4.2. The Commission, in its discretion, may
				designate one or more of its members or staff, or any other appropriate person,
				to preside over and conduct any public hearing which the Commission elects to
				conduct.
4.3. At any public hearing
				at which a quorum of Commission members is not present, arrangements shall be
				made to prepare a verbatim record, by either stenographic notes or mechanical
				recording device, of all public comments offered at the hearing.
West Virginia Code of State Rules › Agency 68 - Health Care Planning Commission › Title 68 - PROCEDURAL RULES WEST VIRGINIA HEALTH CARE PLANNING COMMISSION › Series 68-01 - Meetings Of The WV Health Care Planning Commission › Section 68-1-5 - Meetings generally open to the public; executive session

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All meetings
				of the Commission shall be open to the public. Provided, however, that the
				Commission may hold an executive session during a regular or special meeting,
				after the presiding officer has identified the authorization under W. Va. Code
				chapter six, article nine-a for the holding of such executive session and has
				presented it to the Commission and to the general public. No decision shall be
				made in an executive session.
5.2.
				An executive session may be held only upon a majority affirmative vote of the
				Commission at a meeting at which a quorum is present, for one of the reasons
				enumerated in W. Va. Code §
									6-9A-4 or as expressly
				and specifically otherwise provided by law.
5.3. The Commission may adopt and enforce
				reasonable restrictions on attendance and presentation at any meeting or public
				hearing where there is not sufficient room to accommodate all members of the
				public who wish to attend. Such restrictions may include, but are not limited
				to, limiting the number of people who may be present in the meeting room at one
				time, limiting the length of time individual members of the public may remain
				in the room, and limiting the length of remarks by individual members of the
				public at a meeting or public hearing at which the public is invited to address
				the Commission. The Commission may also invite and encourage individuals to
				submit written comments in lieu of speaking. The Commission shall make every
				reasonable effort to accommodate as many members of the public who wish to
				attend a meeting or public hearing as possible.
5.4. The chairperson or other presiding
				officer may order the removal from a meeting or public hearing of any member of
				the public who is disrupting the proceeding the extent that orderly conduct of
				the proceeding is compromised.
5.5.
				All members of the public who attend a meeting or public hearing of the
				Commission may indicate their presence fay signing a register of attendance.
				The register may provide a place for members of the public to indicate whether
				or not they wish to address the Commission. Persons who desire to speak shall
				not be required to register more than fifteen (15) minutes prior to the time
				the scheduled meeting or public hearing is to commence.
West Virginia Code of State Rules › Agency 68 - Health Care Planning Commission › Title 68 - PROCEDURAL RULES WEST VIRGINIA HEALTH CARE PLANNING COMMISSION › Series 68-01 - Meetings Of The WV Health Care Planning Commission › Section 68-1-6 - Decisions

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. All official
				decisions of the Commission shall require the affirmative vote of a majority of
				the members present and voting at a meeting at which a quorum is present,
				unless bylaws adopted by the Commission require a larger number o votes. Each
				Commission member shall be entitled to one vote on each question before the
				Commission.
West Virginia Code of State Rules › Agency 68 - Health Care Planning Commission › Title 68 - PROCEDURAL RULES WEST VIRGINIA HEALTH CARE PLANNING COMMISSION › Series 68-01 - Meetings Of The WV Health Care Planning Commission › Section 68-1-7 - Subcommittees

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Commission
				may from time to time create one or more subcommittees composed of its members
				and any other persons selected by the Commission, to gather information,
				conduct studies, develop recommendations for the full Commission or engage in
				other like activities. Meetings of any such subcommittees shall not be
				considered meetings o the Commission. Provided, however, that no determination,
				action, vote, motion, proposal, resolution, order, measure, recommendation or
				decision of any subcommittee shall become a decision of the Commission unless
				and until the Commission deliberates and makes its own decision at a meeting
				called and conducted in accordance with these rules.
West Virginia Code of State Rules › Agency 68 - Health Care Planning Commission › Title 68 - PROCEDURAL RULES WEST VIRGINIA HEALTH CARE PLANNING COMMISSION › Series 68-01 - Meetings Of The WV Health Care Planning Commission › Section 68-1-8 - Minutes; records

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The
				Commission shall provide for the preparation of written minutes of all of its
				meetings. All such minutes shall be available to the public within a reasonable
				time after the meeting and shall include at least the following:
8.1.1. The date, time and place of the
				meeting;
8.1.2. The name of each
				member of the Commission present and absent;
8.1.3. All motions, proposals, resolutions,
				orders and measures proposed, the name of the person proposing the same and
				their disposition; and
8.1.4. The
				results of all votes and, upon the request of a member, the vote of each
				member, by name.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-01 - Rules for Hearings Under the Administrative Procedures Act › Section 69-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -This
				procedural rule is intended to set forth the procedures for administrative
				hearings which are conducted by the Secretary of the Department of Health and
				Human Resources pursuant to the West Virginia Administrative Procedures Act,
				§ 29A-5-1 et seq.
1.2.
				Authority. - West Virginia Code, § 5F-2-2,
§
				16-1-15
and § 29A-5-1 et seq.
1.3. Filing Date.-
1.4. Effective Date.-
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-01 - Rules for Hearings Under the Administrative Procedures Act › Section 69-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. As used in
				this rule, the following terms, words, and phrases have the meanings stated
				unless in any instance where such term, word, or phrase is employed the context
				expressly indicates that another meaning is intended.
2.2. The term "act" means the specific
				statute under which a hearing arises and which statute is among the various
				statutes for which the Secretary of the Department of Health and Human
				Resources has administrative responsibility,
2.3. The terms "Code of West Virginia" and
				"West Virginia Code" mean the West Virginia Code of 1931, as amended.
2.4. The term "this rule" means the present
				procedural rule which is designated in the caption hereof as Title 69, Series
				1.
2.5. The term "secretary" means
				the Secretary of the Department of Health and Human Resources as provided for
				by West Virginia Code, § 5F-1-1 (1989).
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-01 - Rules for Hearings Under the Administrative Procedures Act › Section 69-1-3 - Administrative Hearings; Notice; and Place

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. All administrative hearings conducted
				pursuant to this rule will be held in accordance with the provisions of West
				Virginia Code, §29-A-5-1 et seq., and with the provisions of this rule. In
				any particular case, any special conditions which are set forth in the act or
				in other rules promulgated by the secretary and which are applicable to that
				case will be adhered to during administrative hearings in lieu of any contrary
				provision in this rule.
3.2. Unless
				waived by all parties to the hearing and by the secretary, all hearings shall
				be preceded by at least 10 days written notice, calculated from the date of
				delivery or mailing of such notice. The notice shall be given either personal
				delivery thereof to the person or to the entity to be notified or by depositing
				such notice in the regular United States mail, postage prepaid, in an envelope
				addressed to such person or other entity at the last known address of such
				person or other entity. Proof of the giving of notice in either such manner may
				be made by the affidavit of any officer or assistant or employee of the
				secretary, or by affidavit of any person over 18 years of age, naming the
				person or other entity to which or to whom such notice was given and specifying
				the time, place and manner of giving thereof. If regular United States mail is
				used, the notice will be presumed delivered unless returned by fee Postal
				Service as unclaimed.
3.3. Notice
				of the hearing and service of any document or order shall be upon the parties
				of record except that any party who is represented by an attorney shall be
				deemed to have designated that attorney as the proper recipient of all such
				notices, documents, or orders and service upon that attorney will be equivalent
				for all purposes as service upon the party. Notice shall be complete if the
				written notice is served or delivered to the intended recipient and is either
				accepted or refused by that recipient. Similarly, notice shall be complete if
				the written notice is sent by regular United States mail, postage prepaid, to
				the recipient at the last known address, and the notice is not returned by the
				Postal Service as unclaimed.
3.4.
				The notice in subsection 3.2 of this rule shall contain the date, time, and
				place of the hearing and a short and plain statement of the matters asserted.
				If the secretary is unable to state the matters in detail at the time the
				notice is served, the initial notice may be limited to a statement of the
				issued involved. Thereafter, upon application by a party a more definitive and
				detailed statement shall be furnished.
3.5. The hearing shall be held in the county
				selected by the secretary.
Hearings may be held by electronic
				means.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-01 - Rules for Hearings Under the Administrative Procedures Act › Section 69-1-5 - Correction of Record

Current through Register Vol. XLI, No. 28, July 12, 2024
Upon motion in writing served by any party or by the
				  secretary as notice may be served pursuant to subsection 3.2 of this rule and
				  therein assigning error or omission in any part of any transcript of the
				  proceedings had and testimony taken at any such hearing, the hearing officer
				  shall settle all differences arising as to whether such transcript truly
				  discloses what occurred at the hearing or shall direct that the transcript be
				  corrected and revised in the respects designated by the hearing officer, so as
				  to make it conform to the whole truth.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-01 - Rules for Hearings Under the Administrative Procedures Act › Section 69-1-7 - Discovery

Current through Register Vol. XLI, No. 28, July 12, 2024
Discovery shall be engaged in only with the consent of the
				  hearing officer or, if a hearing officer has not yet been assigned, with the
				  consent of the secretary. All discovery requests will be submitted to the
				  appropriate official at the same time as the discovery request is served upon
				  the other party. If the official determines that the requested information is
				  relevant and material to the issues to be heard and not unduly burdensome, the
				  official will permit the discovery and set a reasonable time frame for the
				  disclosure of the information. Determination of a reasonable time frame will be
				  premised upon the nature and scope of the information requested and the date on
				  which the hearing is scheduled. The official shall attempt to avoid continuing
				  a previously scheduled hearing.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-01 - Rules for Hearings Under the Administrative Procedures Act › Section 69-1-8 - Hearing Officers

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Every hearing officer appointed by the secretary to conduct a hearing under
				this rule
who is not a member of the Board of Review
shall be an attorney licensed to practice law in the state.
8.2. The hearing officer is authorized to
				receive and rule upon any procedural matter arising before, during, or after a
				hearing. All final rulings on substantive matters shall be made by the
				secretary
or as designated by the secretary to the Board of
				Review.
8.3. The
				hearing officer may continue a hearing upon motion of the secretary or other
				party. Requests for continuances shall not be granted as a matter of course,
				but only upon a showing of good cause.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-01 - Rules for Hearings Under the Administrative Procedures Act › Section 69-1-9 - Concluding the Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. At
				the conclusion of the hearing, the parties shall be permitted to file proposed
				findings of fact, conclusions of law, and such legal briefs or memoranda as
				they wish, which filings shall be concurrent. The parties shall be permitted to
				respond to the filing of any other party. No further argument shall be
				permitted.
9.2. Thereafter, unless
				the secretary
or a member of the Board of Review
served as the hearing officer in the particular case, the hearing officer will
				prepare a report and recommendation which shall contain proposed findings of
				fact and conclusions of law as suggested by the hearing officer for the
				secretary's approval. The parties to the hearing shall then be permitted seven
				days in which to file objections or comments upon the report and recommendation
				and three more days to respond to each others' objections or comments.
				Thereafter, the secretary shall decide whether to accept the report and
				recommendation, to reject it, to modify to, or to remand the matter to the
				hearing officer for further proceedings or upon other instructions. The
				secretary retains his or her right to review any and all proposed findings of
				facts against the record and to disagree therewith provided that the secretary
				states the basis for the disagreement in his or her final order. The secretary
				shall render either a final order or an interlocutory order as his or her
				decision may require in which the secretary accepts in whole or in part the
				proposed findings of fact and conclusions of law submitted by the hearing
				officer and, to the extent that the secretary rejects or modifies the report
				and recommendation of the hearing officer, the secretary shall furnish his or
				her own findings of fact and conclusions of law. If in a particular case the
				secretary
or member of the Board of Review
served as
				the hearing officer, the secretary
or member of the Board of
				Review
shall issue a decision following his or her review of the
				proposed finds of fact, conclusions of law, and legal briefs or
				memoranda.
9.3. A copy of the final
				order or decision of the secretary shall be served upon each party and or the
				party's attorney of record.
9.4.
				All appeals from the final order or decision of the secretary shall be taken
				pursuant to West Virginia Code, § 29A-5-4.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-01 - Rules for Hearings Under the Administrative Procedures Act › Section 69-1-10 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
If any provision of this rule or the application thereof to
				  any entity or circumstance shall be held invalid, such invalidity shall not
				  affect the provisions or the applications of this rule which can be given
				  effect without the invalid provisions or application and to this end the
				  provisions of this rule are declared to be severable.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-02 - Implementation Of The Omnibus Health Care Act › Section 69-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule implements the provisions of the Omnibus Health Care Act, W.
				Va. § 16-29D-1 et seq., 1989. Under the Act, the Secretary of the
				Department of Health and Human Resources is charged with the responsibility of
				promulgating rules to carry out the provisions of the Act. The agencies
				subordinate to the Secretary under the provisions of the Act and to whom this
				rule is applicable are the Division of Human Services, the Division of Human
				Services, the Division of Employment Security, and the Workers' Compensation
				Commissioner. In addition, section 3 of the Act specifies that certain entities
				not within the Department of Health and Human Resources are also subject to the
				provisions of the Act and of this rule. Those other entities are the Public
				Employees Insurance Agency within the Department of Administration, the
				Division of Rehabilitation Services under the State Board of Education sitting
				as the State Board of Rehabilitation, and the University of West Virginia Board
				of Trustees, and the state's medical schools, within the Department of
				Education and the Arts. All of these governmental entities either are involved
				in provision of health care services to beneficiaries of their programs or pay
				for health care services delivered to those beneficiaries, or both, as well as
				often providing many other services to the beneficiaries of those governmental
				entities' programs.
1.2. Authority.
				-- W. Va. Code §
									16-29D-7.
1.3. Filing Date. -- June 3, 2005.
1.4. Effective Date. -- June 3,
				2005.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-02 - Implementation Of The Omnibus Health Care Act › Section 69-2-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. As used in
				this legislative rule, the following terms, words, and phrases have the
				meanings stated below unless in any instance where such term, word, or phrase
				is employed the context clearly indicates that another meaning is
				intended.
2.2. The term "Act" means
				the Omnibus Health Care Act which is codified at W. Va. Code §
									16-29D-1
				et seq., as amended.
2.3. The terms
				"Code of West Virginia" and "West Virginia Code" mean the W. Va. Code of 1931,
				as amended.
2.4. The term
				"coordination of benefits" means a provision which establishes an order in
				which two or more insurance contracts, plans or programs covering the same
				beneficiary pay their claims, with the effect that there is no duplication of
				benefits.
2.5. The terms "health
				care", "health care services", or "health care treatments" mean clinically
				related preventive, diagnostic, treatment, or rehabilitative services whether
				provided in the home, office, hospital, clinic or any other suitable place
				either inside or outside the State of West Virginia provided or prescribed by
				any health care provider or providers. Such services include, among others,
				medical supplies, appliances, laboratory, preventive diagnostic, therapeutic
				and rehabilitative services, hospital care, nursing home and convalescent care,
				medical physicians, osteopathic physicians, chiropractors, and such other
				surgical including inpatient oral surgery, nursing, and podiatric services and
				supplies as may be prescribed by such health care providers but not other
				dental services.
2.6. The term
				"health care provider" means a person, partnership, corporation, facility or
				institution licensed, certified or authorized by law to provide professional
				health care services in or outside this state to an individual during this
				individual's medical care, treatment or confinement. For the sole purpose of
				this rule and the implementation of the Act, the term does not include
				pharmacists and pharmacies.
2.7.
				The term "life-threatening medical or surgical emergency" includes an emergency
				posing an imminent threat of significant, permanent and clearly recognizable
				bodily impairment such as blindness or loss of limb.
2.8. The term "this rule" means the present
				legislative rule which has been designated as Title 69, Series 2.
2.9. The term "the Secretary" means the
				Secretary of the Department of Health and Human Resources.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-02 - Implementation Of The Omnibus Health Care Act › Section 69-2-3 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The purpose of
				this rule is to implement the Act. In adopting the Act, the Legislature stated
				that it intended "to provide a framework within which the departments and
				divisions of state government can cooperate to effect cost savings for the
				provision of health care services and the payment thereof. It is the purpose of
				the Legislature to encourage the long-term, well-planned development of fair,
				equitable and cost-effective systems for all health care providers paid or
				reimbursed by the public employees insurance agency, the state medicaid
				program, the workers' compensation fund or the division of rehabilitation
				services". W. Va. Code §
									16-29D-1(b).
				This same purpose is applicable to the Division of Health.
3.2. In order to achieve this purpose, the
				Legislature directed that the State must ensure the delivery of high quality
				health care services and effect cost savings in the provision of health care
				services. The legislature concluded that it is in the best interests of the
				State and its citizens for the various state departments and divisions,
				including the State's medical schools, which are involved in the provision of
				health care services and the payment thereof, to cooperate in the generation of
				cost savings and in ensuring the quality of the health care services delivered
				to the beneficiaries of all the state-supported programs.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-02 - Implementation Of The Omnibus Health Care Act › Section 69-2-4 - Non-Interference with the Medicaid Program

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. It is expressly recognized that no other
				entity may interfere with the discretion and judgment given to the single state
				agency which administers the state's medicaid program. Thus, it is the
				intention of this rule that nothing contained herein shall be interpreted,
				construed, or applied to interfere with the powers and actions of the single
				state agency which, in keeping with applicable federal law, shall administer
				the state's medicaid program as it perceives to be in the best interest of that
				program and its beneficiaries.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-02 - Implementation Of The Omnibus Health Care Act › Section 69-2-5 - Emergency Services

Current through Register Vol. XLI, No. 28, July 12, 2024
The agreement of a health care provider to accept assignment
				  of benefits of a state program beneficiary pursuant to W. Va. Code §
									16-29D-4
				  shall not arise when the health care provider delivers health care services to
				  a state program beneficiary which are immediately needed to resolve an imminent
				  life-threatening medical or surgical emergency: Provided, that once the disease
				  or injury which caused the emergency is stabilized, then further treatment of
				  that beneficiary by the health care provider will give rise to the agreement as
				  a matter of law. For the purpose of this subsection, stabilize means that the
				  immediate threat of death or permanent harm has been resolved to the extent
				  that the patient is stable and/or capable of being safely
				  transported.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-02 - Implementation Of The Omnibus Health Care Act › Section 69-2-6 - Testimony by Providers

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Nothing in this rule or in the Act prohibits a health care provider who has
				elected not to participate in the provision of health care services to state
				program beneficiaries (but who may have provided covered services to such
				beneficiaries prior to such election) from testifying on behalf of or against a
				state program beneficiary in any administrative or judicial proceeding.
				Divisions or agencies which otherwise have the responsibility of reimbursing
				such health care providers for the time expended by the provider in testifying
				shall continue to do so notwithstanding any other provision of this rule or the
				Act. Further, such testimony shall not obligate any health care provider who
				has previously elected not to participate in the delivery of health care
				services to state program beneficiaries to begin the delivery of such
				services.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-02 - Implementation Of The Omnibus Health Care Act › Section 69-2-8 - Declaratory Rulings and Informal Opinions

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. If in any particular instance a health
				care provider wishes to request that the Secretary make a determination of the
				applicability of any section of this rule, or of any exception contained
				therein, to a given state of facts, the health care provider may request either
				an informal opinion or a declaratory ruling from the Secretary in accordance
				with the provisions of W. Va. Code, §
									29A-4-1.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-02 - Implementation Of The Omnibus Health Care Act › Section 69-2-9 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. If any
				provision of this rule or the application thereof to any entity or circumstance
				is held invalid, such invalidity does not affect the provisions or the
				applications of this rule which can be given effect without the invalid
				provisions or application, and to this end the provisions of this rule are
				severable.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-03 - Implementation Of The Omnibus Health Care Act Payment Provisions › Section 69-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule implements the provisions of the Omnibus Health Care Act, W.
				Va. Code §
									16-29D-1
				et seq.
1.2. Authority. -- W. Va.
				Code §
									16-29D-7.
1.3. Filing Date. -- June 3, 2005.
1.4. Effective Date. June 3, 2005.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-03 - Implementation Of The Omnibus Health Care Act Payment Provisions › Section 69-3-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The following
				words and phrases as used in these rules, unless a different meaning is clearly
				indicated by the context, shall have the meanings stated below.
2.2. The "Act" means the Omnibus Health Care
				Act which is codified at W. Va. Code §
									16-29D-1
				et seq, as amended.
2.3.
				"Legitimate uncontested invoice" means a claim for payment for medical services
				delivered to a beneficiary of a department or division subject to the Act,
				received by that department or division in a manner prescribed and with all
				information, whether from the provider, beneficiary, or other third-party
				payor, stipulated by that department or division, and for which there is no
				action necessary for coordination of benefits, subrogation or other good cause
				to establish the legitimacy of the claim.
2.4. "Secretary" means the Secretary of the
				West Virginia Department of Health and Human Resources.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-03 - Implementation Of The Omnibus Health Care Act Payment Provisions › Section 69-3-3 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. This rule also
				interprets the provisions of W. Va. Code §
									16-29D-3(i)
				relating to prompt payment to a health care provider on or after September 1,
				1989, for the purchase of health care or health care services by the PEIA, the
				division of rehabilitation services and the workers' compensation
				commission.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-03 - Implementation Of The Omnibus Health Care Act Payment Provisions › Section 69-3-4 - Prompt Payment

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The
				PEIA, the division of rehabilitation services and the workers' compensation
				commission shall cause to be issued, within sixty-five (65) days after actual
				receipt by the agency of a legitimate uncontested invoice, a state check in
				payment for health care or health care services delivered to the respective
				beneficiaries of such agencies on or after September 1, 1989.
4.1.1. If a state check is issued more than
				sixty-five (65) days after actual receipt by the agency of a legitimate
				uncontested invoice, the agency shall pay interest, at the current rate, as
				determined according to subsection 4.1.1.1., calculated from the sixty-sixth
				(66th) day after such invoice was actually received by the division or agency
				up to and including the date on which the state check is mailed to the vendor.
4.1.1.1. The current rate of interest will be
				determined by the state tax commissioner under the provisions of W. Va. Code
				§
											11-10-17(a).
4.1.1.2. Each division or agency shall record
				by electronic or other means the actual date of receipt on all invoices
				received, and, if different, the date on which each invoice is deemed to be
				legitimate and uncontested.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-04 - Procedural Rules For The Advisory Committee For The Omnibus Health Care Act › Section 69-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				West Virginia Open Governmental Proceedings Law, section 1, article 9A, Chapter
				6 et seq. of the West Virginia Code of 1931, as amended, requires in section
				three that governing bodies of state public bodies shall promulgate rules by
				which the time, the place, and the purpose of all regularly scheduled meetings
				and the time, place, and purpose of all emergency meetings are made available,
				in advance, to the public and the news media to the extent possible. Similarly,
				West Virginia Code, '29A-3-3, requires that agencies adopt procedural rules.
				The purpose of this rule is to comply with these requirements.
1.2. Authority. -- W. Va. Code,
				'6-9A-3
				and '29A-3-3.
1.3. Filing Date. --
				November 27, 1989.
1.4. Effective
				Date. -- December 28, 1989.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-04 - Procedural Rules For The Advisory Committee For The Omnibus Health Care Act › Section 69-4-2 - Application and enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
This procedural rule applies to the Advisory Committee of the
				  Omnibus Health Care Act which is under the jurisdiction of the Secretary of the
				  Department of Health and Human Resources. The enforcement of this rule is
				  vested with the chairperson of the Advisory Committee. This rule has received
				  the written approval of the Secretary of the Department of Health and Human
				  Resources.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-04 - Procedural Rules For The Advisory Committee For The Omnibus Health Care Act › Section 69-4-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Advisory
				Committee. -- The Advisory Committee created under section seven, article
				twenty-nine-D, chapter sixteen of the Code of West Virginia of 1931, as
				amended.
3.2. Decision. -- Any
				determination, action, vote or final disposition of a motion, proposal,
				resolution, order or measure on which a vote of the Advisory Committee is
				required at any meeting at which a quorum is present.
3.4. Meeting. -- The convening of the
				Advisory Committee for which a quorum is required in order to make a decision
				or to deliberate toward a decision on any matter.
3.5. Quorum. -- The presence of a majority of
				the voting members of the Advisory Committee.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-04 - Procedural Rules For The Advisory Committee For The Omnibus Health Care Act › Section 69-4-5 - Proceeding to be open; exceptions; executive session permitted

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. All meetings
				of the Advisory Committee shall be open to the public; Except that, an
				executive session closed to the public may be held during a regular or
				emergency meeting, after the presiding office has identified the authorization
				under section four, article nine-A, chapter six of the West Virginia Code of
				the holding of such executive session and has presented it to the Advisory
				Committee and to the general public, but no decision shall be made in such
				executive session.
5.2. An
				executive session may be held only upon a majority affirmative vote of the
				Advisory Committee members present for the following (as from section four,
				article nine-A, chapter six of the West Virginia Code) reasons:
5.2.1. Matters of war, threatened attack from
				a foreign power, civil insurrection or riot; or
5.2.2. The appointment, employment,
				retirement, promotion, demotion, disciplining, resignation, discharge,
				dismissal or compensation of any public officer or employee, or other personnel
				matters, or for the purpose of conducting a hearing on a complaint against a
				public officer or employee, unless such public officer or employee requests an
				open meeting; or
5.2.3. The
				issuance, effecting, denial, suspension or revocation of a license, certificate
				or resignation under the laws of this State or any political subdivision,
				unless the person seeking such license, certificate or registration or whose
				license, certificate or registration was denied, suspended or revoked requests
				an open meeting; or
5.2.4. The
				physical or mental health of any person, unless such person requests an open
				meeting; or
5.2.5. Matters which,
				if discussed in public, would be likely to affect adversely the reputation of
				any person; or
5.2.6. The
				development of security personnel or devices; or
5.2.7. Matters involving or affecting the
				purchase, sale or lease of property, advance construction planning, the
				investment of public funds or other matters involving competition which, if
				made public, might adversely affect the financial or other interest of the
				state or any political subdivision.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-04 - Procedural Rules For The Advisory Committee For The Omnibus Health Care Act › Section 69-4-6 - Minutes

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The Advisory
				Committee shall provide for the preparation of written minutes of all its
				meetings. All such minutes shall be available to the public within a reasonable
				time after the meeting and shall include the following information:
6.1.1. The date, time and place of the
				meeting;
6.1.2. The name of each
				Advisory Committee member present or absent;
6.1.3. All motions, proposals, resolutions,
				orders, ordinances and measures proposed, the name of the person proposing the
				same and their disposition; and
6.1.4. The results of all votes and, upon
				request of a member, the vote of each member, by name.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-04 - Procedural Rules For The Advisory Committee For The Omnibus Health Care Act › Section 69-4-7 - Majority vote required; vote by proxy prohibited

Current through Register Vol. XLI, No. 28, July 12, 2024
The vote of a majority of all voting members present at any
				  meeting of the Advisory Committee shall be necessary to take any action. Proxy
				  voting is prohibited.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-04 - Procedural Rules For The Advisory Committee For The Omnibus Health Care Act › Section 69-4-8 - Records of the Advisory Committee - Public

Current through Register Vol. XLI, No. 28, July 12, 2024
Records of the Advisory Committee are public records that may
				  be inspected in accordance with section three, article one, chapter
				  twenty-nine-B of the West Virginia Code and copied at a charge of twenty-five
				  cents ($0.25) per page.
West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-05 - Survey Of Facilities For Determinations Regarding Licensure as Residential Child Care Facilities And B › Section 69-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - In
				order to help protect the health and safety of children, this rule provides for
				a survey of facilities to help determine if they are subject to licensure as
				residential child care facilities, behavioral health centers, or
				both.
1.2. Authority. - W. Va. Code
				§§ 49-2B-4,
				27-9-1,
				27-17-3,
				27-1A-6(6)
				and
				16-1-4
				in conjunction with 16-1-1 and 16-1-3(b).
1.3. Filing Date. -
1.4. Effective Date. - Upon approval by the
				Secretary of State.