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 64-12 - Hospital Licensure › Section 64-12-9 - Extended Care Unit and Nursing Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. General Requirement -- The extended care
				unit shall be located in a segregated, physically separated area of the
				hospital and shall include the usual complement of ancillary services required
				in the conventional care unit and meet the general rules and regulations for
				hospitals.
9.2. Special
				Requirements -- Adequate space shall be provided for dining and recreation
				areas, special equipment storage, training toilets, showers, and bath
				facilities. Handrails, drinking fountains, lavatories, thresholds, and
				telephone alcoves shall be designed to meet the requirements of patients using
				crutches, walkers, and wheelchairs.
9.3. Organization and Staffing.
9.3.1. The extended care unit shall be
				organized under the direction of a committee of the medical staff. Written
				policies shall be developed by professional personnel including at least one
				registered professional nurse.
9.3.2. The Nursing service shall be under the
				direction of a registered professional nurse.
9.3.3. A registered professional nurse shall
				be in charge of the extended care unit on each tour of duty with sufficient
				other personnel to assure adequate patient care.
9.3.4. For all units with more than 60
				resident beds, the hospital governing body shall appoint a qualified
				administrator who holds a current valid license or emergency permit issued by
				the West Virginia Nursing Home Administrators Licensing Board.
9.3.5. The hospital shall appoint a physician
				licensed by the West Virginia Board of Medicine or the West Virginia Board of
				Osteopathy to serve as Medical Director for a unit with more than 60 resident
				beds. The hospital physician Medical Director may fulfill these
				responsibilities for any unit or facility with 60 or less resident
				beds.
9.3.6. The hospital shall
				assign a registered professional nurse as the Director of Nursing, different
				from the hospital Director of Nursing, who shall be responsible for care
				provided in an extended care unit with more than 60 resident beds and shall
				ensure a sufficient number of personnel are available to provide adequate
				patient care.
9.3.7. The unit may
				use the hospital pharmacy services to fulfill the pharmacy services
				requirements as defined in the Code of Federal Regulations,
				42 CFR
				§483.60. No written agreement is
				required if the pharmacist is an employee of the hospital.
9.3.8. The unit may use social workers
				employed by the hospital to provide services to unit patients:
Provided,
That at least one social worker shall be assigned
				responsibility only for social work services for any unit with more than 60
				resident beds. The social worker shall have a license to practice social work
				in the state of West Virginia.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-10 - Adjunct Diagnostic Services and Treatment Departments

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. General Requirements.
10.1.1. The hospital shall develop and
				maintain all ancillary diagnostic and treatment departments in accordance with
				section 5 of this rule.
10.1.2. The
				hospital shall locate ancillary patient departments conveniently to provide
				services to all patient populations.
10.1.3. A waiting area for patients shall
				provide for patient comfort and confidentiality.
10.1.4. The hospital shall provide toilets
				for ambulatory patients and the public.
10.1.5. The hospital shall ensure that all
				ancillary diagnostic services and treatment departments shall maintain current
				policy and procedure manuals approved by the medical staff. These manuals shall
				be reviewed and revised, as necessary, but at least, every three
				years.
10.1.6. All outpatient
				specialty services such as outpatient surgery and cardiac catheterization
				laboratory shall be equipped and maintained according to current professional
				standards.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-11 - Medical Staff

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Each
				hospital shall have an organized medical staff that is composed of one or more
				licensed physicians and may include other practitioners, in accordance with
				state law, that operates under by-laws approved by the governing authority. The
				medical staff is accountable to the governing body for the quality of medical
				care provided to the patients.
11.2. The governing authority of the hospital
				shall appoint the medical staff in accordance with its by-laws, rules, and
				regulations.
11.3. The medical
				staff periodically conduct appraisals of its members as defined by hospital
				policy.
11.4. The medical staff
				shall examine credentials of candidates for medical staff membership and make
				recommendations to the governing body on the appointment of
				candidates.
11.5. Medical staff
				recommendations to the governing authority for new members shall be specific to
				the type of appointment and extent of clinical privileges.
11.6. The governing authority shall delineate
				clinical privileges of each medical staff member in writing.
11.7. The governing authority shall approve
				the manner of organization of the medical staff.
11.8. If the medical staff has an executive
				committee, a majority of the members shall be physicians licensed in the state
				of West Virginia.
11.9. The medical
				staff shall adopt and enforce by-laws, rules, and regulations consistent with
				standard medical staff practices. These shall be reviewed and revised as
				appropriate, but no less than every two years.
11.10. The by-laws shall:
11.10.1. Be approved by the governing
				body;
11.10.2. Include a statement
				of the duties and privileges of each category of medical staff;
11.10.3. Describe the organization of the
				medical staff; and
11.10.4.
				Describe the qualifications to be met by a candidate in order for the medical
				staff to recommend that the candidate be appointed by the governing
				body.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-12 - Nursing Service

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				hospital shall organize the nursing services to provide comprehensive,
				effective nursing care to each patient under the direction of a registered
				professional nurse currently licensed in West Virginia and with the education
				and experience to demonstrate his or her ability to properly execute his or her
				functions and responsibilities.
12.2. The Director of Nursing shall ensure
				that there are policy and procedure manuals developed for each different type
				of patient care unit and that the specific manuals are available on each
				specific unit.
12.3. The hospital
				shall maintain a written nursing service plan of administrative authority with
				delineation of responsibilities and duties of each category of nursing
				personnel, which shall include at least:
12.3.1. A statement of the policy, mission,
				and objectives of the nursing service; and
12.3.2. Current job descriptions,
				qualifications, and specifications for each category of nursing personnel of
				which there is documented annual review.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-13 - Patient Care Services

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Patient Care.
13.1.1. Every patient shall be
				under the care of a practitioner who is:
13.1.1.a. A Doctor of Medicine or Osteopathy
				who possesses a valid license issued by the West Virginia Board of Medicine or
				the West Virginia Board of Osteopathy, respectively, or who is otherwise
				lawfully practicing in the state: Provided, that this paragraph is not to be
				construed to limit the authority of a Doctor of Medicine or Osteopathy to
				delegate tasks to other qualified health care personnel to the extent
				recognized under state law or rules;
13.1.1.b. A Doctor of Podiatric Medicine who
				possesses a valid license issued by the West Virginia Board of Medicine or who
				is otherwise lawfully practicing in the state, but only with respect to
				functions that he or she is legally authorized under state law or
				rules;
13.1.1.c. A Doctor of Dental
				Surgery or Dental Medicine who possesses a valid license issued by the West
				Virginia Board of Dental Examiners or who is otherwise lawfully practicing in
				the state, but only with respect to functions that he or she is legally
				authorized by the state to perform;
13.1.1.d. A Doctor of Optometry who possesses
				a valid license issued by the West Virginia Board of Optometry or who is
				otherwise lawfully practicing in the state, but only with respect to services
				related to the condition of aphakia;
13.1.1.e. A chiropractor who possesses a
				valid license issued by the West Virginia Board of Chiropractic Examiners or
				who is otherwise lawfully practicing in the state, but only with respect to
				treatment by means of manipulation of the spine to correct a subluxation
				demonstrated to exist by x-ray or other medically accepted imaging
				media;
13.1.1.f. A psychologist who
				possesses a valid license issued by the West Virginia Board of Examiners of
				Psychologists or who is otherwise lawfully practicing in the state, but only
				with respect to functions that he or she is legally authorized by the state to
				perform; or
13.1.1.g. A midlevel
				practitioner who possesses a valid license issued by the appropriate licensing
				board who is lawfully practicing in the state.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-14 - Discharge Planning

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. The
				hospital shall have in effect a discharge planning process for post-hospital
				services, including hospice, which includes early assessment of the needs of
				each patient, particularly those with potential risk for adverse consequences
				upon discharge. The assessment shall be based upon the patient's functional
				abilities and probable environment to which the patient shall return. The
				hospital's policies and procedures shall be specified in writing.
14.2. A discharge needs assessment,
				evaluating the factors that affect the patient's need for post-hospital care,
				shall be performed or supervised by a registered nurse, social worker or other
				appropriately qualified person, as identified by hospital policy, and be
				completed in enough time for appropriate arrangements to be made prior to
				discharge. The assessment shall address the biopsychosocial needs of the
				patient, the level of understanding of those needs and an identification of
				post hospital care resources.
14.3.
				The hospital shall provide counseling as needed, to the patient and family
				members or interested persons, to prepare them for post-hospital care,
				including hospice services.
14.4.
				The hospital shall arrange for the initial implementation of the patient's
				discharge plan, including obtaining post-hospital services as
				necessary.
14.5. The hospital shall
				ensure that the discharge plan be reassessed, as needed, and entered into the
				patient's record.
14.6. The
				hospital shall transfer or refer patients, along with necessary medical
				information, to appropriate facilities, agencies, or outpatient services, as
				needed, for follow-up or ancillary care.
14.7. The discharge planning process shall be
				an integral part of the quality assessment and performance improvement program,
				as detailed in section 15 of this rule.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-15 - Quality Assessments and Performance Improvement

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. The governing body, medical staff, and
				hospital administration are responsible for and shall review at least annually
				the development, implementation, and maintenance and effective evaluation of
				quality assessments for performance improvement. This process systematically
				collects, measures, analyzes, and tracks objective indicators of the care and
				hospital operations. This evaluation plan should reflect the complexity of the
				hospital's organization and services.
15.2. The focus of performance evaluation
				shall be in areas over which the hospital exercises authority and
				responsibility, including services furnished by contract.
15.3. Priorities for performance improvement
				projects shall be based upon the prevalence and severity of problems which most
				affect clinical outcomes identified through the data collected.
15.4. Performance measures may be designed
				and implemented under contract by the hospital staff through research or
				consensus groups within the facility or through the use of credible
				consultants.
15.5. Performance
				measures shall be commensurate with the size and resources available to each
				hospital.
15.6. Performance
				measures should use not only hospital-specific data, but peer review
				organizations and any other available relevant data for comparative purposes as
				an integral part of the assessment plan.
15.7. The hospital shall make available to
				the Department the results of peer review and quality assessments and
				performance improvement information, upon the Department's request.
15.8. Quality improvement activities should
				be demonstrably linked to findings of performance evaluations and cover the
				full range of the hospital's services to patients.
15.9. The hospital shall conduct an
				assessment of the impact of quality improvement activities and corrections or
				reevaluation of the performance indicators, no longer than six months after any
				change is instituted, unless another time period for assessment can be
				justified based upon analytic factors, such as adequate sample size, or
				circumstances outside the control of the hospital.
15.10. Areas of measurement.
At a minimum the measure shall include, but not be limited
				  to:
15.10.1. Nosocomial infections and
				other infection control issues;
15.10.2. Staff, administrative, and
				practitioner performance;
15.10.3.
				Complaints, grievances, or risk management findings;
15.10.4. Evaluation of diagnostic and
				therapeutic services provided;
15.10.5. Medication errors and other
				incidents or occurrences;
15.10.6.
				Drug therapy and adverse drugs reactions; and
15.10.7. Evaluation of all services provided
				to patients by staff accountable to the hospital through employment or
				contract.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-16 - Critical Access Hospital

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Critical Access Hospital Designation.
16.1.1.
				A critical access hospital is designated as such by the Office of Community and
				Rural Health and approved by the Centers for Medicare and Medicaid
				Services.
16.1.2. Upon designation
				as a Critical Access Hospital, the hospital shall remain subject to the
				provisions of Critical Access Hospital rules and public health law and rules
				applicable to hospitals, including those parts pertaining to certificates of
				need and other operating certificates. This shall also apply to the proposed
				revocation, suspension, limitation, or decertification of a Critical Access
				Hospital designation.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-17 - Specialized Hospitals

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				Long-Term Acute Care Hospital.
17.1.1. To be
				licensed as a Long-Term Acute Care Hospital, a hospital shall:
17.1.1.a. Be devoted exclusively to the care
				of patients requiring hospitalization because of prolonged illness or who are
				acutely ill and not in need of general acute hospital care but who do require
				continuing medical care, skilled nursing care, and related medical services;
				and
17.1.1.b. Have a professional
				staff qualified in the diagnosis and treatment of chronic diseases.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-12 - Hospital Licensure › Section 64-12-18 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Administrative due process and remedies for actions taken pursuant to this rule
				or W. Va. Code §16-5B-1,
et seq.
are as provided by this rule, by applicable statutes, and in the West Virginia
				Department of Health Procedural Rule, Rules for Hearings Under the
				Administrative Procedures Act, 69CSR1.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. It is
				the purpose of this rule to implement state and federal law governing the
				licensing, operation, and standard of care in nursing homes located in the
				State of West Virginia. Compliance with this rule will help each resident
				attain or maintain the highest practicable physical, mental and psychosocial
				well-being in accordance with a comprehensive assessment and plan of care and
				prevailing standards of care, and will promote a standard of care that assures
				that the ability of each resident to perform activities of daily living does
				not diminish unless the resident's ability is diminished solely as a result of
				a change in the resident's clinical condition.
1.2. Authority. W. Va. Code §
									16-1-4,
				§
									16-5C-5,
				and §
									16-5C-21(b).
1.3. Filing Date. April 29, 2021.
1.4. Effective Date. July 1, 2021.
1.5. Sunset Provision. This rule will
				terminate and have no further force or effect upon August 1, 2026.
1.6. Application. This rule applies to
				nursing home residents and their legal representatives as well as every
				individual and every form of organization, whether incorporated or
				unincorporated, including any partnership, corporation, trust, association, or
				political subdivision of the state that operates or applies to operate a
				nursing home as defined in this rule and W. Va. Code §§
									16-5C-1,
et seq.
1.7.
				Variances From This Rule.
1.7.1. The
				department may grant a variance from any provision of this rule if it
				determines that:
1.7.1.a. Strict compliance
				would impose a substantial hardship on the licensee;
1.7.1.b. The licensee will otherwise meet the
				goal of the rule; and
1.7.1.c. A
				variance will not result in less protection of the health, safety and welfare
				of the residents.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-3 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General Licensure Provisions.
3.1.1. No person may establish, operate,
				maintain, offer, or advertise a nursing home as defined in this rule within the
				state of West Virginia unless that person obtains a valid license.
3.1.2. A separate license is required for
				nursing homes maintained or operated on separate premises even though
				maintained or operated under the same ownership or management.
3.1.3. A licensee shall notify the director
				if there is a special unit within the same physical environment of the nursing
				home, or on the same campus or premise which has a different advertised name,
				including but not limited to, signage outside of the building.
3.1.3.a. A separate license is unnecessary
				for this special unit, and the separately named unit shall still be treated as
				part of the overall nursing home.
3.1.3.b. The director may require the
				licensee to provide additional information and designate a subclassification
				under the primary license for the separately named unit.
3.1.4. Separate buildings on the same
				premises, operated under the same ownership and management, are one nursing
				home unless the director determines otherwise.
3.1.5. A license is valid only for the
				premises and persons named in the application.
3.1.6. A license is not transferable or
				assignable and shall be surrendered on demand to the director.
3.1.7. If the ownership of a nursing home
				with a valid unexpired license changes, the new owner shall apply for a new
				license.
3.1.8. The application for
				a license by the new owner has the effect of a valid license for three months
				from the date the application is received by the director.
3.1.9. The nursing home shall obtain approval
				from the director prior to changing the name of the nursing home.
3.1.10. An approved name change is reflected
				in a newly issued license at a charge of $50.
3.1.11. The words "clinic," "hospital,"
				"sanitarium," or any other word that suggests a type of institution other than
				the proposed or existing nursing home shall not appear in the name.
3.1.12. A license shall state:
3.1.12.a. The name of the nursing home to
				which it applies;
3.1.12.b. The
				name of the applicant who is the licensee;
3.1.12.c. The maximum bed capacity for which
				it is granted;
3.1.12.d. The date
				of issuance; and
3.1.12.e. The
				expiration date.
3.1.13.
				The name on the license shall be that used in the application which
				specifically identifies the nursing home.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-4 - Residents' Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Nursing
				Home Policies and Procedures.
4.1.1. The
				governing body of a nursing home shall establish written policies and
				procedures regarding the rights and responsibilities of residents. The policies
				adopted shall be consistent with the provisions of this rule.
4.1.2. Through the administrator, the
				governing body is responsible for on-going development of and adherence to
				procedures implementing policies regarding the rights and responsibilities of
				residents.
4.1.3. A nursing home
				shall make its policies and procedures available upon request to:
4.1.3.a. Residents or potential residents;
				and
4.1.3.b. Legal
				representatives.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-5 - Quality of Life

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A nursing
				home shall care for its residents in a manner and in an environment that
				promotes maintenance or enhancement of each resident's quality of life, and in
				accordance to their individual needs and preferences.
5.2. Dignity.
5.2.1. Each resident shall be treated with
				consideration and respect and with full recognition of his or her dignity and
				individuality.
5.2.2. The resident
				shall have the exclusive right to use and enjoy his or her personal property,
				and the property shall not used by other residents or staff without the express
				permission of the resident.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-6 - Resident Assessment

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				nursing home shall conduct a comprehensive, accurate, standardized, and
				reproducible assessment of each resident's functional capacity.
6.2. Admission Orders. At the time each
				resident is admitted, the nursing home shall have physician orders for the
				resident's immediate care.
6.3.
				Comprehensive Assessments.
6.3.1. The nursing
				home shall make a comprehensive assessment of a resident's needs which:
6.3.1.a. Is based on a uniform data set and
				instrument specified by the director; and
6.3.1.b. Describes the resident's capability
				to perform daily life functions and any significant impairments in functional
				capacity.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-7 - Comprehensive Care Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Development of the Care Plan. The nursing home shall develop a comprehensive
				care plan for each resident that includes measurable objectives and timetables
				to meet a resident's medical, nursing, mental and psychosocial needs that are
				identified in the comprehensive assessment. The comprehensive care plan shall
				describe the following:
7.1.1. The services
				that are to be furnished to attain or maintain the resident's highest
				practicable physical, mental, and psychosocial well-being as required under the
				provisions of this rule; and
7.1.2.
				Any services that would otherwise be required under the provisions of this
				rule, but are not provided due to the resident's exercise of rights including
				the right to refuse treatment.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-8 - Quality of Care

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Each
				resident shall receive, and the nursing home shall provide, the necessary care
				and services to attain or maintain the highest practicable physical, spiritual,
				mental, and psychosocial well-being of the residents, in accordance with the
				comprehensive assessment and plan of care.
8.2. Activities of Daily Living. Based on the
				comprehensive assessment of a resident, the nursing home shall ensure that:
8.2.1. A resident's abilities in activities
				of daily living do not diminish unless circumstances of the resident's clinical
				condition demonstrate that diminution was unavoidable. Activities of daily
				living include the resident's ability to:
8.2.1.a. Bathe, dress, and groom;
8.2.1.b. Transfer and ambulate;
8.2.1.c. Use the toilet;
8.2.1.d. Eat; and
8.2.1.e. Use speech, language, or other
				functional communication systems.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-10 - Administration and Human Resources

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A nursing home shall be administered in
				a manner that enables it to use its resources effectively and efficiently to
				attain or maintain the highest practicable physical, mental, and psychosocial
				well-being of each resident.
10.2.
				Licensure.
10.2.1. A nursing home shall be
				licensed under the provisions of this rule.
10.2.2. A nursing home shall operate and
				provide services in compliance with all applicable federal, state, and local
				laws, rules, and codes and with accepted professional standards and principles
				that apply to professionals providing services in a nursing home.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-11 - Laboratory, Radiology, and Other Diagnostic Services

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. Laboratory Services.
11.1.1. A nursing home shall provide or
				obtain laboratory services to meet the needs of its residents. The nursing home
				is responsible for the timeliness of the services.
11.1.2. If a nursing home provides its own
				laboratory services, the services shall meet the requirements in the federal
				regulation, 42 CFR Part 493.
11.1.3. If a nursing home arranges for
				outside laboratory services, the nursing home shall ensure that the laboratory
				services meet the requirements in the federal regulation, 42 CFR Part
				493.
11.1.4. If a nursing home
				provides blood bank and transfusion services, the nursing home shall ensure
				that the services are federally certified in the appropriate specialties and
				sub-specialties of services in accordance with the requirements to which it is
				subject.
11.1.5. A nursing home
				shall:
11.1.5.a. Provide or obtain laboratory
				services only when ordered by a physician;
11.1.5.b. The facility must promptly notify
				the ordering physician, physician assistant, nurse practitioner, or clinical
				nurse specialist of laboratory results that fall outside of clinical reference
				ranges in accordance with facility policies and procedures for notification of
				a practitioner or per the ordering physician's orders;
11.1.5.c. Assist the resident in making
				transportation arrangements to and from the source of service, if the resident
				needs assistance; and
11.1.5.d.
				File laboratory reports in the resident's clinical record that are dated and
				contain the name and address of the testing laboratory.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-12 - Clinical Records

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Records Maintenance and Retention.
12.1.1. A
				nursing home shall maintain clinical records on each resident in accordance
				with accepted professional standards and practices that are:
12.1.1.a. Complete;
12.1.1.b. Accurately documented;
12.1.1.c. Readily accessible; and
12.1.1.d. Systematically organized.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-13 - Quality Assessment and Assurance

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. Quality Improvement Committee.
13.1.1. A nursing home shall maintain a
				quality improvement and assessment committee consisting of:
13.1.1.a. The director of nursing
				services;
13.1.1.b. The medical
				director; and
13.1.1.c. At least
				three other members of the nursing home's staff.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-14 - Inspections and Investigations

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Regular Inspections.
14.1.1. The director
				shall make or cause to be made inspections by his or her authorized
				representatives as necessary to carry out the intent of W. Va. Code
				§§
										16-5C-1,
et seq.,
and this rule.
14.1.2. All licensed nursing homes shall be
				inspected annually, or in accordance with the provisions of this rule, to
				determine the nursing homes' compliance with applicable statutes and rules.
				Nursing homes with the greatest number of deficiencies shall be investigated
				with greater frequency as determined by the director.
14.1.3. The director shall provide a nursing
				home with a written description of its deficiencies within 10 working days of
				the last day of the inspection.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Section 64-13-15 - Enforcement and Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Enforcement. Director's Powers, Duties, and Rights. The director may invoke
				penalties against a nursing home violating the provisions of this rule in
				accordance with the provisions of this rule.
15.2. Enforcement Generally. The director may
				assess civil penalties, and may suspend, revoke, or deny renewal of the license
				of a nursing home for cause after notice as required by this rule and the
				provisions of W. Va. Code §§
									16-5C-1,
et seq.,
or take any other action contemplated by this rule.
				Cause may include one or more of the following:
15.2.1. Failure to provide standard quality
				of care for residents;
15.2.2.
				Willfully and knowingly falsifying the material content of resident
				assessments;
15.2.3. Failure to
				submit a plan of correction required by W. Va. Code §§
										16-5C-1,
et seq.;
15.2.4.
				Failure to submit a plan of correction that is approved by the
				director;
15.2.5. Failure to
				correct deficiencies within the time frame specified in an approved plan of
				correction;
15.2.6. Repeat
				noncompliance within the same regulatory grouping as defined in this
				rule;
15.2.7. Failure to cooperate
				with or interference with the director or an authorized representative of the
				director in the inspection of the nursing home;
15.2.8. Failure to comply with this
				rule;
15.2.9. Violation of any
				provision of this rule that produces immediate jeopardy to the health or safety
				of residents;
15.2.10. Violation of
				the provisions of this rule relative to the discharge of residents or employees
				because of complaints against the nursing home;
15.2.11. Use of subterfuge or other dishonest
				action in applying for an original or renewal license;
15.2.12. Use of subterfuge or other dishonest
				action in obtaining the time, date, and location of any inspection;
15.2.13. Abuse of residents;
15.2.14. Neglect of residents;
15.2.15. Misappropriation of residents'
				property; or
15.2.16. Attempted
				bribery of any employee or contracted person of the department.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Table 64-13A - Minimum Ratios of Resident Care Personnel to Residents

Current through Register Vol. XLI, No. 28, July 12, 2024
Total Resident
Care Personnel
Total Resident
Care Personnel
Total Resident
Care Personnel
Total Resident
Care Personnel
No. of
Residents
Hours
per Day
#Pers per Day
No. of
Residents
Hours
per Day
#Pers per Day
No. of
Residents
Hours
per Day
#Pers per Day
No. of
Residents
Hours
per Day
#Pers per Day
3 to 10
48
6
91
205
26
136
306
38
181
408
51
11 to 20
56
7
92
207
26
137
309
39
182
410
51
21 to 30
72
9
93
210
26
138
311
39
183
412
52
31 to 40
90
11
94
212
27
139
313
39
184
414
52
41 to 50
113
14
95
214
27
140
315
39
185
417
52
51
115
15
96
216
27
141
318
40
186
419
52
52
117
15
97
219
27
142
320
40
187
421
53
53
120
15
98
221
28
143
322
40
188
423
53
54
122
15
99
223
28
144
324
41
189
426
53
55
124
16
100
225
28
145
327
41
190
428
54
56
126
16
101
228
29
146
329
41
191
430
54
57
129
16
102
230
29
147
331
41
192
432
54
58
131
16
103
232
29
148
333
42
193
435
54
59
133
17
104
234
29
149
336
42
194
437
55
GO*
135
17
105
237
30
150
338
42
195
439
55
61
138
17
106
239
30
151
340
43
196
441
55
62
140
18
107
241
30
152
342
43
197
444
56
63
142
18
108
243
30
153
345
43
198
446
56
64
144
18
109
246
31
154
347
43
199
448
56
65
147
18
110
248
31
155
349
44
200
450
56
66
149
19
111
250
31
156
351
44
201
453
57
67
151
19
112
252
32
157
354
44
202
455
57
68
153
19
113
255
32
158
356
45
203
457
57
69
156
20
114
257
32
159
358
45
204
459
57
70
158
20
115
259
32
160
360
45
205
462
58
71
160
20
116
261
33
161
363
45
206
464
58
72
162
20
117
264
33
162
365
46
207
466
58
73
165
21
118
266
33
163
367
46
208
468
59
74
167
21
119
268
34
164
369
46
209
471
59
75
169
21
120
270
34
165
372
47
210
473
59
76
171
21
121
273
34
166
374
47
211
475
59
77
174
22
122
275
34
167
376
47
212
477
60
78
176
22
123
277
35
168
378
47
213
480
60
79
178
22
124
279
35
169
381
48
214
482
60
80
178
22
125
282
35
170
383
48
215
484
61
81
180
23
126
284
36
171
385
48
216
486
61
82
183
23
127
286
36
172
387
48
217
489
61
83
185
23
128
288
36
173
390
49
218
491
61
84
187
23
129
291
36
174
392
49
219
493
62
85
189
24
130
293
37
175
394
49
220
495
62
86
194
24
131
295
37
176
396
50
221
498
62
87
196
25
132
297
37
177
399
50
222
500
63
88
198
25
133
300
38
178
401
50
223
502
63
89
201
25
134
301
38
179
403
50
224
504
63
90
203
25
135
302
38
180
405
51
225
507
63
* 60 and less may include director of nurse
Number of personnel per day are full-time personnel
				  equivalents based on forty (40) hours per week.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-13 - Nursing Home Licensure Rule › Table 64-13B - Surety Bond Schedule

Current through Register Vol. XLI, No. 28, July 12, 2024
AVERAGE RESIDENTS
FUNDS MONTHLY BALANCE
REQUIRED SURETY
BOND AMOUNT
$1 to $2,000
$2,500
$2,001 to $2,100
$2,625
$2,101 to $2,200
$2,750
$2,201 to $2,300
$2,875
$2,301 to $2,400
$3,000
$2,401 to $2,500
$3,125
$2,501 to $2,600
$3,250
$2,601 to $2,700
$3,375
$2,701 to $2,800
$3,500
$2,801 to $2,900
$3,625
$2,901 to $3,000
$3,750
$3,001 to $3,100
$3,875
$3,101 to $3,200
$4,000
$3,201 to $3,300
$4,125
$3,301 to $3,400
$4,250
$3,401 to $3,500
$4,375
$3,501 to $3,600
$4,500
$3,601 to $3,700
$4,625
$3,701 to $3,800
$4,750
$3,801 to $3,900
$4,875
$3,901 to $4,000
$5,000
$4,001 to $4,100
$5,125
$4,101 to $4,200
$5,250
$4,201 to $4,300
$5,375
$4,301 to $4,400
$5,500
$4,401 to $4,500
$5,625
$4,501 to $4,600
$5,750
$4,601 to $4,700
$5,875
$4,701 to $4,800
$6,000
$4,801 to $4,900
$6,125
$4,901 to $5,000
$6,250
$5,001 to $5,100
$6,375
$5,101 to $5,200
$6,500
$5,201 to $5,300
$6,625
$5,301 to $5,400
$6,750
$5,401 to $5,500
$6,875
$5,501 to $5,600
$7,000
$5,601 to $5,700
$7,125
$5,701 to $5,800
$7,250
$5,801 to $5,900
$7,375
$5,901 to $6,000
$7,500
$6,001 to $6,100
$7,625
$6,101 to $6,200
$7,750
$6,201 to $6,300
$7,875
$6,301 to $6,400
$8,000
$6,401 to $6,500
$8,125
$6,501 to $6,600
$8,250
$6,601 to $6,700
$8,375
$6,701 to $6,800
$8,500
$6,801 to $6,900
$8,625
$6,901 to $7,000
$8,750
$7,001 to $7,100
$8,875
$7,101 to $7,200
$9,000
$7,201 to $7,300
$9,125
$7,301 to $7,400
$9,250
$7,401 to $7,500
$9,375
$7,501 to $7,600
$9,500
$7,601 to $7,700
$9,625
$7,701 to $7,800
$9,750
$7,801 to $7,900
$9,875
$7,901 to $8,000
$10,000
$8,001 to $8,100
$10,125
$8,101 to $8,200
$10,250
$8,201 to $8,300
$10,375
$8,301 to $8,400
$10,500
$8,401 to $8,500
$10,625
$8,501 to $8,600
$10,750
$8,601 to $8,700
$10,875
$8,701 to $8,800
$11,000
$8,801 to $8,900
$11,125
$8,901 to $9,000
$11,250
$9,001 to $9,100
$11,375
$9,101 to $9,200
$11,500
$9,201 to $9,300
$11,625
$9,301 to $9,400
$11,750
$9,401 to $9,500
$11,875
$9,501 to $9,600
$12,000
$9,601 to $9,700
$12,125
$9,701 to $9,800
$12,250
$9,801 to $9,900
$12,375
$9,901 to $10,000
$12,500
$10,001 or more
Calculate
*Calculate 1.25 times the prior year's average monthly
				  balance of client's funds.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-14 - Assisted Living Residences › Section 64-14-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes specific standards and procedures to provide for
				the health, safety, and the protection of the rights and dignity of residents
				of assisted living residences. This rule should be read in conjunction with W.
				Va. Code §§16-5D-1,
et seq
.
				The West Virginia Code is available in public libraries and on the
				Legislature's web page,
http://wvlegislature.gov/
.
1.2. Authority. -- W. Va. Code
				§16-5D-5 and §16-1-4.
1.3. Filing Date. - May 1, 2024.
1.4. Effective Date. -- May 1,
				2024.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on August 1,
				2029.
1.6. Application. -- This
				rule applies to any individual person and any organization, incorporated or
				unincorporated, including a partnership, corporation, trust, association or
				political subdivision of the State establishing, maintaining or operating an
				assisted living residence as defined in W. Va. Code §16-5D-2 and this rule. This rule
				does not apply to homes or asylums operated by fraternal orders pursuant to W.
				Va. Code §§35-3-1,
et seq.
,
				or to health care facilities subject to other applicable licensure rules, such
				as nursing homes, residential care communities, and behavioral health
				centers.
1.7. Enforcement. -- This
				rule is enforced 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 64-14 - Assisted Living Residences › Section 64-14-3 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. General Licensing Provisions.
3.1.1. No person, partnership, association,
				or corporation may operate an assisted living residence in the state of West
				Virginia without first obtaining a license pursuant to W. Va. Code
				§16-5D-6 and this rule.
3.1.2. A license is valid only for the person
				and for the location named in the application and on the license, and is not
				transferable.
3.1.2.a. The assisted living
				residence shall notify the Secretary in writing 30 days prior to a change in
				name or physical address of the program and request an application for a
				licensure amendment.
3.1.2.b. If
				the ownership of an assisted living residence changes, the new owner shall
				notify the Secretary within 10 days and immediately apply for a new license.
				The new owner's application for a license is valid for three months from the
				date the application is received by the Secretary.
3.1.3. Each assisted living residence
				location shall be licensed separately, regardless of whether the assisted
				living residence is operated under the same business name or management as
				another assisted living residence.
3.1.4. The words "clinic," "hospital,"
				"nursing home," "residential care community" or any other words that suggest a
				type of facility other than an assisted living residence shall not be used in
				the name or the advertising of the residence.
3.1.5. The licensee is responsible for
				compliance with this rule, W. Va. Code §§16-5D-1,
et seq.
,
				and other relevant federal and state laws.
3.1.6. The Secretary may issue an initial or
				a renewal license for a period not to exceed one year, except if an applicant
				submits an application for renewal of a license currently in effect in
				accordance with this rule and W. Va. Code §§16-5D-1,
et seq.
,
				together with the required fee described in W. Va. Code §16-5D-6(i). The
				Office of Health Facility Licensure and Certification shall post the annual
				consumer price index increases on its website located at:
http://ohflac.wvdhhr.org/
. The
				license shall continue in effect until:
3.1.6.a. One year following the expiration
				date of the license;
3.1.6.b. The
				date of a revocation or suspension of the license pursuant to this rule and W.
				Va. Code §§16-5D-1,
et seq.
,
				or
3.1.6.c. The date of issuance of
				a new license, whichever date occurs first.
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-14 - Assisted Living Residences › Section 64-14-4 - Administrative Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1.
				General Administrative Requirements.
4.1.1.
				The licensee shall develop and adopt written policies and procedures that are
				consistent with this rule and specific to the assisted living residence,
				governing the care and safety of residents, and all other policies and
				procedures required by this rule. The licensee shall sign and date the policies
				and procedures at the time of adoption and of any changes. (Class
				III)
4.1.2. The licensee shall have
				a copy of the policies and procedures available for review on request by
				employees, residents, and the general public. (Class III)
4.1.3. The licensee shall have a resident
				bill of rights, and house rules governing resident behavior and
				responsibilities, that are both in writing and consistent with this rule.
				(Class III)
4.1.4. Unless otherwise
				approved in writing by the Secretary, a licensee shall not rent, lease, or use
				any part of the residence for any purpose other than the operation of housing
				residents. (Class III)
4.1.5. A
				licensee that intends to provide adult day care shall obtain prior approval
				from the Secretary by notifying the Secretary of the number of individuals the
				residence proposes to serve in addition to the residence's licensed bed
				capacity. Individuals to be served shall have the same health screening as
				required for the residents and shall not have extensive or ongoing nursing care
				needs. The Secretary's determination shall be based on space requirements,
				services proposed to be provided, staffing, and the residence's history of
				compliance with this rule. (Class III)
4.1.6. Any individual, including an employee,
				or his or her spouse, having a financial interest in the residence shall not
				serve as a resident's legal representative, with the exception of a
				representative payee under the United States Social Security Act, unless he or
				she is related to the resident within the consanguinity of second cousin.
				(Class III)
4.1.7. All employees of
				an assisted living residence shall be subject to the provisions of the West
				Virginia Clearance for Access: Registry and Employment Screening Act, W. Va.
				Code §§16-49-1,
et seq.
and W. Va. Code R. §§69-10-1,
et
				seq
. (Class II)
West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-14 - Assisted Living Residences › Section 64-14-7 - Activities

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The licensee
				shall provide an activity program designed to meet the interests of, and
				promote the highest level possible of well-being in, all dimensions of life
				including physical, psychological, social, and spiritual, of each
				resident.
7.2. The program shall:
7.2.1. Provide information and referral
				services and facilitate opportunities for using the social, recreational, and
				vocational activities within the community;
7.2.2. Provide a minimum of seven hours per
				week, one hour per day, unless the residents request more, of various types of
				scheduled activities, including activities appropriate for residents with
				Alzheimer's disease or a related dementia; and
7.2.3. Provide a monthly calendar that lists
				the type, time, and duration of all social and recreational activities for the
				residents and documentation that activities did or did not take place. (Class
				III)