reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-70 - Primary Care Support Program › Section 64-70-7 - Audits

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A primary care
				center that has received a grant under this rule shall arrange to have an audit
				of its total entity for its annual fiscal period in accordance with 2 CFR Part
				200, Uniform Administrative Requirements, Cost Principles and Audit
				Requirements for Federal Awards and in accordance with W. Va. Code §
									12-4-14.
				The primary care center shall furnish the director with two copies of the audit
				report within 120 days of the end of the primary care center's annual fiscal
				(audit) period. All questioned or disallowed costs identified in the audit that
				cannot be resolved to the director's, and if applicable, the appropriate
				federal granting agency's satisfaction shall be returned to the director no
				later than 180 days following the audit period. The primary care center shall
				retain audit work papers for a minimum of three years from the date of the
				audit report and shall make the audit work papers available upon request to the
				director as well as the appropriate federal granting agency.
7.2. In carrying out the requirements of
				section 7.1 of this rule, the primary care center shall not use the firm that
				prepares the organization's financial statements to conduct the annual
				independent audit. A grantee may request an exemption from the audit
				requirement from the director. The request shall be written and shall include
				justification for the exemption. The director may, at his or her discretion,
				grant the exemption.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-70 - Primary Care Support Program › Section 64-70-8 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those persons adversely affected by the enforcement of this
				  rule desiring a contested case hearing to determine any rights, duties,
				  interests, or privileges shall do so in a manner prescribed in the "Rules of
				  Procedure for Contested Case Hearings and Declaratory Rulings,"
				  64CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-72 - Interstate Compact On Mental Health › Section 64-72-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule contains requirements for the proper and expeditious transfer
				of committed persons between West Virginia and other party states to the
				interstate compact on mental health. This rule should be read in conjunction
				with the provisions and definitions in the interstate compact on mental health
				appearing in W. Va. Code '27-14-1
				et seq.
1.2. Authority. -- W. Va.
				Code '27-14-2.
1.3. Filing Date. -- April 29,
				1999.
1.4. Effective Date. -- July
				1, 1999.
1.5. Construction. -- This
				rule shall be liberally construed to effectuate the compact goals of chapter 27
				of the W. Va. Code.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-72 - Interstate Compact On Mental Health › Section 64-72-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - This rule applies to the duties and authority of the compact
				administrator.
2.2. Enforcement -
				This rule is enforced internally by the secretary of the department of health
				and human resources or his or her designee.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-72 - Interstate Compact On Mental Health › Section 64-72-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Compact - The
				interstate compact on mental health appearing in W. Va. Code '27-14-1
				et seq. that provides for the proper and expeditious transfer from one state to
				another of persons who have been committed with mental deficiency or mental
				illness.
3.2. Compact administrator
				- The secretary of the department of health and human resources or his or her
				designee.
3.3. Dangerous or
				potentially dangerous patient - A person who has escaped from an institution in
				another state and poses a threat to society by his or her escape.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-72 - Interstate Compact On Mental Health › Section 64-72-4 - Compact Administrator; Powers and Duties

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The compact administrator shall
				administer the compact in accordance with W. Va. Code '27-14-1
				et seq. and shall be the general coordinator of activities under the compact.
				The compact administrator shall receive copies of all reports, correspondence,
				and other documents relating to any patient processed under the compact by this
				state either in the capacity of sending or receiving state.
4.2. The compact administrator, subject to
				the approval of the state auditor, may make or arrange for any payments
				necessary to discharge any financial obligations imposed upon this state by the
				compact or by any supplementary agreement entered into under the
				compact.
4.3. The compact
				administrator is not obligated to receive any patient from another party to the
				compact.
4.4. The compact
				administrator shall determine the place most suitable for the patient and may
				review at any time the placement and make changes in accordance with the best
				interests of the patient and the state.
4.5. The compact administrator is the only
				person authorized to issue an order requesting the detention of a dangerous or
				potentially dangerous patient who has escaped from an institution in another
				state.
4.5.a. Immediately upon learning that
				a dangerous or potentially dangerous escaped patient may be in West Virginia,
				the compact administrator may detain him or her through the issuance of a
				detention order.
4.5.b. Once
				identification has been made of an escaped patient, the compact administrator
				shall arrange to immediately return that individual to the state where he or
				she escaped. If the escaped patient cannot be immediately returned to the state
				where he or she escaped, the escaped patient shall be detained at an
				institution or a secure setting designated by the compact administrator until
				transfer is possible.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-72 - Interstate Compact On Mental Health › Section 64-72-5 - Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. When
				issuing a detention order, the compact administrator shall substantially recite
				the facts necessary to the validity of the order.
5.2. Before a patient is returned to the
				state where he or she escaped, the compact administrator shall assure that the
				patient is informed: of the reason for his or her detention; of his or her
				right to a hearing to determine identification; and, if the patient decides to
				challenge the identification, of his or her right to have the representation of
				counsel provided at state expense.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-73 - Basic Public Health Service Standards For Local Boards Of Health › Section 64-73-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1 Scope. -- This
				legislative rule establishes standards for the provision of basic public health
				services by local boards of health.
1.2 Authority. -- W. Va. Code §
									16-1-6(b)(9).
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.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-73 - Basic Public Health Service Standards For Local Boards Of Health › Section 64-73-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application -- This rule applies to local boards of health.
2.2. Enforcement -- This rule is enforced by
				the Commissioner of the Bureau for Public Health and the Center for Local
				Public Health as set forth in W. Va. Code §
									16-1-6(b).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-73 - Basic Public Health Service Standards For Local Boards Of Health › Section 64-73-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Bureau --
				Bureau for Public Health in the Department of Health and Human
				Resources.
3.2. Commissioner -- The
				Commissioner of the Bureau or his or her designee.
3.3. Department -- The state department of
				health and human resources.
3.4.
				Fiscal Year -- The 12-month period beginning the first day of July and ending
				the 30th day of the following June.
3.5. Immediate Jeopardy -- A situation in
				which entity noncompliance has placed the health and safety of those in its
				care at risk for serious injury, serious harm, serious impairment, or
				death.
3.6. Local Board of Health
				or Board -- A board of health serving one or more counties, one or more
				municipalities, or a combination thereof.
3.7. Local Health Department -- The staff of
				the local board of health.
3.8.
				Local Health Officer -- A physician with a current license to practice medicine
				in West Virginia or a licensed advanced practice registered nurse who has the
				ability to independently practice who shall supervise and direct the activities
				of the local health department services, employees, and facilities who is
				appointed by the local board of health.
3.9. Plan of Correction -- A written
				description of the actions the local board of health intends to take to correct
				and prevent the reoccurrence of violations of a rule or policy identified by
				the Performance-Based Evaluation Team during a performance review.
3.10. State Aid Funds -- Funds appropriated
				annually by the legislature to provide financial aid to local boards of
				health.
3.11. West Virginia Public
				Health Advisory Committee -- Committee established for purposes of
				bi-directional communication, collaboration, and input into the design and
				implementation of a performance-based evaluation system, input into the
				development of tools for assessment of local health performance, and input into
				training necessary for local boards of health and staff.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-73 - Basic Public Health Service Standards For Local Boards Of Health › Section 64-73-4 - Operation

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1 The Bureau
				shall distribute and monitor state aid funds to the Local Boards of Health in
				accordance with W. Va. Code §
									16-1-4, W. Va. Code §
									16-1-6(b), and
				64CSR67.
4.2. Contracts, memoranda,
				or other forms of agreement between the board and other parties to support the
				provision of basic public health services shall be in writing unless resources
				need to be deployed to respond to an imminent and urgent public health threat,
				and in that case, within 45 days.
4.3. The board shall ensure that any
				additional non-basic public health services, including primary care and other
				health services, that are initiated or implemented are well coordinated with
				basic public health services and are supported by plans that include sources of
				funding other than state aid.
4.4.
				The board shall ensure adequate staff to carry out basic public health services
				and appoint a local health officer and administrator to oversee and maintain
				continuity of staff to support the provision of basic public health services
				and daily operations.
4.5. The
				board shall have liability insurance at least equivalent to that available to
				local boards through the Board of Risk and Insurance Management, which includes
				all staff, board members, and contracted services.
4.6. Patient or client care protocols,
				including standing orders and medical directives, shall be approved annually by
				the local health officer and available within the local health
				department.
4.7 The board shall
				maintain records of necessary licensure, certifications and/or registration for
				personnel.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-73 - Basic Public Health Service Standards For Local Boards Of Health › Section 64-73-5 - Basic public health service standards

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. The board shall provide the following
				basic public health services:
5.1.1.
				Community health promotion services standards.
5.1.1.a. The board shall target outreach to
				create and maintain relationships with diverse partners, which may include but
				is not limited to, health-related and community-based organizations, community
				groups representing populations experiencing health inequity, private
				businesses, health care organizations, and government leaders;
5.1.1.b. At least every five years, the board
				shall conduct or participate in an evaluation of the health needs of the
				community it serves using generally accepted needs assessment techniques and
				publicly report the results;
5.1.1.c. Every five years, in collaboration
				with community partners identified in paragraph 5.1.1.a., the board shall
				initiate or participate in the mobilization of the community to identify and
				report publicly the health priorities arising from the health assessment,
				including the analysis of health disparities and social determinants of health;
				and
5.1.1.d. The board shall
				establish an annual plan to address the priority health needs that define a
				role for the local health department in the programmatic or policy
				activities.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-73 - Basic Public Health Service Standards For Local Boards Of Health › Section 64-73-6 - Reports and Records

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The board
				shall in a timely manner submit written reports and records in compliance with
				applicable state and federal rules and regulations.
6.2. The board shall develop a data retention
				policy for medical records, laboratory results, and case reports.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-73 - Basic Public Health Service Standards For Local Boards Of Health › Section 64-73-7 - Performance-based evaluation, site visits, and plans of correction

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The Center for
				Local Public Health shall:
7.1.1. Develop and
				facilitate bi-directional relationship with Local Health Departments. This bi
				directional relationship shall include the West Virginia Public Health Advisory
				Committee that will meet at least six times per year and shall be tasked to
				provide the following:
7.1.1.a. Establish,
				review, and revise the instrument used to evaluate the provision of basic
				public health services annually and in accordance with the provisions of this
				rule;
7.1.1.b. Develop, maintain,
				and update a tool for conducting an annual assessment and an annual inventory
				of local public health services.
7.1.1.c. Maintain at least quarterly training
				curriculum for local boards of health and local health department
				staff.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-73 - Basic Public Health Service Standards For Local Boards Of Health › Section 64-73-8 - Membership and duties of the West Virginia Public Health Advisory Committee

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The West
				Virginia Public Health Advisory Committee shall be comprised of the following
				nine members, appointed by the Commissioner as follows:
8.1.1. The West Virginia Association of Local
				Health Departments shall submit to the Commissioner a list of up to eight
				names, which are to include administrators and health officers, of which five
				in total shall be appointed.
8.1.2.
				The County Commissioner's Association of West Virginia and the West Virginia
				Association of Counties shall each submit to the Commissioner a list of five
				names, of which three in total will be selected.
8.1.3 The President of the
				WVALHD.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-73 - Basic Public Health Service Standards For Local Boards Of Health › Section 64-73-9 - Penalties

Current through Register Vol. XLI, No. 28, July 12, 2024
In the event that the Commissioner determines that a local
				  board of health is not in compliance with this rule and upon written notice to
				  the local board of health, the Commissioner may withhold state aid funds until
				  such time as the board submits an acceptable plan to correct deficiencies that
				  is approved by the Commissioner, the board of health and the appointing
				  authority. If such withholding of funds would impair the provision of public
				  health service(s) for a county or service area, the Commissioner shall arrange
				  for those service(s) to be provided to the county or service
				  area.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-73 - Basic Public Health Service Standards For Local Boards Of Health › Section 64-73-10 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
Those local boards of health adversely affected by the
				  enforcement of this rule who desire a contested case hearing to determine any
				  rights, duties, interests, or privileges, shall do so in a manner prescribed in
				  64CSR1, Rules of Procedure for Contested Case Hearings and Declaratory
				  Rulings.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-73 - Basic Public Health Service Standards For Local Boards Of Health › Section 64-73-11 - Severability

Current through Register Vol. XLI, No. 28, July 12, 2024
The provisions of this rule are severable. If any provisions
				  of this rule are held invalid, the remaining provisions remain in
				  effect.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes personal rights of individuals with behavioral
				health needs.
1.2. Authority. -- W.
				Va. Code '
				27-5-9(g).
1.3. Filing Date. -- April 13,
				2000.
1.4. Effective Date. -- July
				1, 2000.
1.5. Construction. -- This
				rule shall be liberally construed to effectuate the rehabilitative goals of
				Chapter 27 of the West Virginia Code, consistent with the protection of
				consumer rights and dignity.
1.6.
				Applicability. -- This rule applies to individuals with behavioral health
				needs.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Abuse. B
2.1.a. Physical Abuse. -- Any act or failure
				to act by an employee of a behavioral health service that was knowingly,
				recklessly, or intentionally performed, or that was failed to be performed, and
				that caused, or may have caused, injury or death to an individual, including,
				but not limited to:
2.1.a.1. The rape or
				sexual assault of an individual;
2.1.a.2. The striking of an
				individual;
2.1.a.3. The use of
				excessive force when placing an individual in bodily restraints; and
2.1.a.4. The use of physical or chemical
				restraints that is not in compliance with federal or State law.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-3 - Applicability to Other Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
When an individual receives care or treatment from a
				  behavioral health service, state and federal requirements, accreditation
				  standards applicable to the behavioral health service and the standards set
				  forth in this rule apply. If there is a conflict between those requirements,
				  accreditation standards and the standards specified in this rule, the more
				  stringent standard applies, unless the federal standard must be met for the
				  purposes of Medicare or Medicaid participation, then the federal standard
				  prevails. Behavioral health service providers accredited by a national
				  accreditation agency are deemed to be in compliance with this
				  rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-4 - General Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A consumer
				with behavioral health needs has the following general rights:
4.1.a. The right not to be discriminated
				against because of the receipt of behavioral health services.
4.1.b. The right to exercise his or her civil
				rights, except as abrogated by court order or for the reasons provided in this
				rule;
4.1.c. The right to be
				informed of these rules and, if an inpatient in a behavioral health service,
				the right to be given a copy of them;
4.1.d. The right of a consumer, who resides
				in congregate living arranged for by a behavioral health service provider, to
				be housed with other consumers of similar age and need unless otherwise
				specified in the consumer's individualized program plan or treatment
				plan;
4.1.e. The right to privacy
				and the right to move about freely, unless his or her safety or the safety of
				others is threatened;
4.1.f. The
				right not to be deprived of any right as punishment or for clinical reasons,
				except when an incident occurs related to the exercise of a right, the right
				may be deprived for clinical reasons, but only for as long as is necessary to
				permit correction of a situation; and
4.1.g. The right of a consumer receiving care
				and treatment to receive it in accordance with accepted behavioral health and
				medical practice standards.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-5 - Advance Psychiatric Directive Right

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A consumer with psychiatric or mental
				health needs has a right to an advance psychiatric directive prepared at a time
				when the individual has not been adjudged to be incompetent. Any advance
				psychiatric directive written and signed by a consumer may be withdrawn at any
				time verbally or in writing.
5.2. A
				consumer has the right to be informed by a behavioral health service of the
				availability and applicability of an advance psychiatric directive and to
				receive education and assistance from the behavioral health service in
				preparing such a document.
5.3. A
				consumer has the right to refuse to create an advance psychiatric
				directive.
5.4. A consumer with an
				advance psychiatric directive has the right to have it entered into his or her
				clinical record at the behavioral health service at which he or she is
				receiving or may receive care or treatment;
5.5. An advance psychiatric directive shall
				be honored unless:
5.5.a. It is withdrawn
				verbally or in writing by a consumer;
5.5.b. The behavioral health service lacks
				sufficient resources;
5.5.c. A
				professional staff member of the behavioral health service believes that the
				directive would endanger the consumer's life or be dangerous to
				others.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-6 - Informed Consent Right

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In
				order for a consumer to give informed consent for care or treatment, a
				behavioral health service shall inform him or her of the following:
6.1.a. The rights provided under this
				rule;
6.1.b. The nature of his or
				her condition and the treatment proposed;
6.1.c. Any reasonable alternative treatments
				available;
6.1.d. That consent for
				any part of treatment may be withdrawn at any time in writing or verbally to a
				member of the treatment staff. Revocation of consent shall be documented on the
				consent form, and further treatment shall not be provided except as authorized
				in an emergency;
6.1.e. The reason
				for taking a proposed medication, including the likelihood of the consumer's
				condition improving or not improving without the proposed medication;
6.1.f. The type, dosage, including the use of
				PRN (as needed) orders, the method of administration (oral or injection), and
				the duration of taking the proposed medication; and
6.1.g. The common side effects, any side
				effects probable with the particular consumer, and additional side effects that
				may occur when taking the proposed medication longer than three (3)
				months.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-7 - Right to Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. A
				consumer has the right to treatment in the least restrictive setting
				possible.
7.2. A consumer has the
				right to treatment that is provided humanely in an environment that affords
				them full protection of their rights.
7.3. A consumer has the right to treatment by
				trained and competent personnel capable of implementing the consumer's
				individualized program plan or treatment plan.
7.4. A consumer has the right to periodic
				evaluations related to his or her needs no less frequently than every one
				hundred eighty (180) days while an active consumer of a behavioral health
				service.
7.5. A consumer has the
				right to treatment based on diagnosis and assessment of their needs.
7.6. A consumer has the right to treatment
				based on a treatment plan that identifies immediate needs and interventions and
				responsibility for implementing the plan.
7.7. A consumer has the right to have
				treatment plans updated every ninety (90) days or as his or her needs
				change.
7.8. A consumer has the
				right to participate in the development of his or her individualized program
				plan or treatment plan and any revisions.
7.9. A consumer has the right to have a copy
				of his or her individualized program plan or treatment plan.
7.10. A consumer has the right to have
				present at any treatment planning or discharge planning meeting representatives
				of all disciplines providing treatment to the consumer and any other
				individual, including the consumer's case manager and family members.
7.11. A consumer has the right to have
				recorded all treatments administered.
7.12. A consumer who resides in an inpatient
				behavioral health service for more than fourteen (14) days has the right to
				outdoor exercise and activity programming conforming with the Division of
				Health rule, ABehavioral Health Client Rights,@ 64CSR59,
				''14.1-14.3.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-8 - Right to Refuse Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. As a participant in the program planning
				process, a consumer has the right to object to or refuse any aspect of the
				individualized program plan or treatment plan.
8.2. If informal discussion and negotiation
				do not resolve differences, a consumer's right to object to or refuse treatment
				shall be recognized as legitimate, and shall be responded to in accordance with
				the provisions of the behavioral health service's consumer grievance
				procedure.
8.3. A consumer who has
				refused psychotropic medications or other recommended therapy has the right to
				have an agreed-upon effective alternative treatment offered, and it shall be
				provided if the consumer consents and if within the scope of the behavioral
				health service's practice.
8.4. A
				consumer has the right to orally refuse medication or other treatment that
				overrides prior written consent, except in emergency situations in which it is
				documented that the absence of medication or other treatment would be harmful
				to the consumer or others.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-9 - Right to Refuse Research and Experimental Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A consumer has the right to refuse to
				participate in or be subjected to research or experimental treatment.
				Participation by a consumer shall require voluntary, informed and written
				consent, and an opportunity for consultation with independent specialists and
				with his or her legal representative.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-10 - Rights Regarding Seclusion and Restraints

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A consumer has the right to freedom
				from seclusion and restraints unless the restraints are documented as
				clinically necessary and all other less restrictive measures have been
				exhausted.
10.2. A consumer with a
				single diagnosis of mental retardation or another developmental disability has
				the right not to be secluded or restrained, but time-out procedures may be used
				when they have been developed specifically for the consumer and described in
				the consumer's treatment plan.
10.3. A consumer has the right to not have
				seclusion used as punishment. Seclusion may be used only as an emergency
				measure to control imminent destructive behavior that is a threat to a consumer
				or to others.
10.4. A consumer has
				the right to not have physical restraints used as punishment or as a
				convenience of staff.
10.5. A
				consumer has the right for drugs or medications to not be used as punishment,
				as a convenience of staff, as a substitute for adequate staffing, or as a
				substitute for an individualized program plan or treatment plan.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-11 - Right of Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. A
				consumer has the right to have all information about his or her diagnosis and
				treatment kept confidential.
11.1.a.
				Confidential information includes, but is not limited to:
11.1.a.1. Information obtained during
				diagnosis or treatment, including the fact that an individual is or has been a
				consumer;
11.1.a.2. Information
				provided by a consumer or his or her family for purposes related to diagnosis
				or treatment;
11.1.a.3. Information
				provided by the treatment staff;
11.1.a.4. Diagnoses, opinions or remarks made
				by treatment staff that relate to a consumer's treatment;
11.1.a.5. Advice, instructions, or
				prescriptions issued in the course of diagnosis or treatment; and
11.1.a.6. Any record of a consumer's
				treatment.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-12 - Right to Unrestricted Communication

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A consumer has the right to unimpeded
				and private communication by any means with whomever a consumer chooses, except
				as specified in this rule.
12.2. A
				consumer's right to communication, except for that with his or her legal
				representative, may be restricted or denied if authorized by the treatment
				staff or the attending physician for a specified time not to exceed thirty (30)
				days, after which time the restriction may be reviewed and
				reinstated.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-13 - Rights Regarding Labor, Earnings, and Funds

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A consumer has the right not to be
				required to perform uncompensated labor that involves the operation and
				maintenance of a behavioral health service, but may voluntarily perform it with
				compensation in accordance with the requirements of relevant State and federal
				requirements.
13.2. A consumer
				shall not suffer consequences for refusing to perform uncompensated labor for a
				behavioral health service.
13.3. A
				consumer may perform vocational training tasks that do not involve the
				operation and maintenance of the behavioral health service when the assignment:
13.3.a. Is an integrated part of a consumer's
				individualized program plan or treatment plan;
13.3.b. Has been approved as a program
				activity by the treatment staff; and
13.3.c. Is supervised by a staff
				member.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-14 - Juveniles= Additional Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. A consumer under the age of eighteen
				(18) has the right to be housed separately from emancipated consumers over the
				age of eighteen (18).
14.2. A
				consumer under the age of eighteen (18) has the right to an
				education.
14.3. A consumer under
				the age of eighteen (18) has the right to appropriate contact and communication
				with his or her family members and legal representative.
14.4. A consumer under the age of eighteen
				(18) has the right to be informed about behavior expectations for the
				protection of others.
14.5. All
				other rights under this rule apply to consumers under the age of eighteen
				(18).
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-74 - Behavioral Health Consumer Rights › Section 64-74-15 - Right of Advocacy and Grievance Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. A consumer has the right to be informed
				of and receive a written copy of the behavioral health service grievance
				procedure.
15.2. A consumer, or
				another person acting on a consumer's behalf, has the right to file a grievance
				with the behavioral health service concerning any alleged violation of the
				rights afforded by this rule.
15.3.
				A consumer has the right to discuss a grievance with their professional
				behavioral health care provider or with an advocate of his or her
				choosing.
15.4. A consumer has the
				right to receive a reasonable and timely written decision from the behavioral
				health service.
15.5. A consumer
				may, after receipt of the decision or lack of a timely decision on his or her
				grievance, request a hearing by the Secretary or bring action in circuit court
				against the behavioral health service.
15.6. A consumer has the right to withdraw
				his or her grievance at any time.
15.7. The final order by the Secretary after
				a hearing shall be binding upon the parties, unless appealed in accordance with
				W. Va. Code ''29A-5 and -6.
15.8. A
				consumer has the right to pursue other relief even if he or she does not file a
				grievance.
15.9. A consumer has the
				right to report any reasonable suspicion of abuse or neglect to civil and
				criminal authorities in accordance with the applicable adult protective
				services act (W. Va. Code '9-6-1 et seq.) or
				child protective services act (W. Va. Code '49-6A-1 et seq.), in addition to
				usingthe grievance procedure of the behavioral health service.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule prescribes specific standards and procedures to provide for
				the health, safety, and protection of the rights and dignity of residents of
				residential care communities. This rule must be read in conjunction with W. Va.
				Code '16-5N-1 et seq. to
				determine the complete requirements for licensing, regulation, and complaint
				investigations of residential care communities.
1.2. Authority. -- W. Va. Code ''16-5N-3(k),
				16-5N-5 and 16-1-7.
1.3. Filing
				Date. -- April 29, 1999.
1.4.
				Effective Date. -- July 1, 1999.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. -- This rule applies to any person, and every form of
				organization, whether incorporated or unincorporated, including any
				partnership, corporation, trust, association or political subdivision of this
				state establishing, maintaining or operating a residential care community as
				defined in W. Va. Code '16-5N-1 and this rule:
				Provided, That this rule does not apply to homes or asylums operated by
				fraternal orders pursuant to W. Va. Code '35-3-1
				et seq.
2.2. Enforcement. -- This
				rule is enforced by the secretary of the West Virginia department of health and
				human resources.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-5 - Administrative, Staffing and Personnel Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. General Administrative Requirements.
5.1.a. The licensee shall, in consultation
				with a licensed health care professional, establish and adopt written policies
				and procedures, which are consistent with this rule and specific to the
				residential care community, governing the care and safety of residents ( i.e.,
				notification of a resident's family, legal representative and physician
				regarding any apparent significant deviations from the resident's normal
				condition; administration of medications and treatments, disposal of outdated
				or discontinued medications in accordance with applicable State and federal
				laws, assistance with activities of daily living, the provision of limited and
				intermittent nursing care if applicable, infection control, admission,
				discharge and transfer of residents, and release of information from resident
				records). Policies and procedures will be developed by the residential care
				community governing the protection of residents' personal property (i.e.,
				periodic inventories of each resident's personal possessions) and rights, the
				operation of the residential care community, the services provided by the
				residential care community, emergency procedures and disaster plan, complaint
				procedures, and all other policies and procedures required by this rule. (Class
				III)
5.1.b. Policies and procedures
				shall be in writing, signed and dated by the administrator at the time of
				adoption and kept current with changes indicated by a dated signature of the
				administrator. (Class III)
5.1.c. A
				copy of each policy and procedure shall be available for inspection on request
				by employees, residents and the general public. (Class III)
5.1.d. The residential care community shall
				have written rules governing resident behavior and responsibilities as follows:
				smoking; alcohol consumption; visitation; recreational activities (including
				television); laundry; and the use and storage of personal belongings such as
				furnishings and clothing. House rules may not be inconsistent with this rule.
				(Class III)
5.1.e. Those
				residential care communities that provide limited and intermittent nursing care
				shall comply with the requirements established in Section 12 of this rule.
				(Class I)
5.1.f. The licensee shall
				not manage the personal finances or funds of its residents. The licensee shall
				not serve as a resident's legal representative. (Class III)
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-6 - Resident Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Posting of
				Information and General Rights.
6.1.a. The
				licensee shall post the following information, easily readable, in a
				conspicuous place:
6.1.a.1. Residents'
				rights; (Class III)
6.1.a.2. Phone
				numbers of the abuse hotline; the office of the licensing agency; the state
				ombudsman; and the regional ombudsman; (Class III)
6.1.a.3. Information about the ombudsman
				program including:
6.1.a.3.A. The name,
				address and telephone number of the designated long-term care ombudsman program
				serving the region in which the residential care community is
				located;
6.1.a.3.B. A brief
				description of the services provided by the long-term care ombudsman program;
				and
6.1.a.3.C. A statement as to
				the penalties for willful interference and retaliation; (Class III)
				and
6.1.a.4. The
				residential care community's current license. (Class III)
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-7 - Health Care Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Admission
7.1.a. Only self-preservation
				individuals shall be admitted. The resident record shall include documented
				certification by a physician or psychologist that the resident is capable of
				self-preservation by virtue of his or her ability to follow directions and,
				with prompting if necessary, to take appropriate action for self-preservation
				under emergency conditions, except as provided in this section. The
				certification shall be updated as indicated by changes in the resident's
				physical or mental condition. (Class II)
7.1.b. Individuals admitted may be in need of
				personal assistance in activities of daily living, in need of supervision
				because of mental or physical impairment, or have limited and intermittent
				nursing care needs. (Class II)
7.1.c. Individuals requiring ongoing or
				extensive nursing services shall not be admitted. (Class II)
7.1.d. Individuals requiring a level of
				service for which the residential care community is not licensed or does not
				provide shall not be admitted. (Class I)
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-75 - Residential Care Communities › Section 64-75-8 - Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The licensee
				shall provide a planned and meaningful activity program designed to meet the
				needs of each resident. The program shall:
8.1.a. Encourage, guide, or assist residents
				with arrangements to participate in social, recreational, diversional,
				vocational, religious, or other activities within the home in accordance with
				individual interests, tolerance and abilities; (Class III)
8.1.b. Provide information and referral
				services and opportunities for utilization of social, recreational, and
				vocational activities within the residential care community; (Class
				III)
8.1.c. Provide a monthly
				calendar of varied events which lists all social and recreational activities
				for the residents; (Class III)
8.1.d. Provide at least eleven (11) hours of
				scheduled activities available to the residents each week for no less than one
				(1) hour each day; (Class III) and
8.1.e. Encourage but not require residents to
				participate in activities and not restrict a resident's participation in an
				activity except upon a physician's order. (Class III)