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 64-13-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Definitions
				incorporated by reference. Those terms defined in W. Va. Code §§
									16-5C-1,
et seq.,
are incorporated herein by reference.
2.2. Abuse. The willful infliction of injury,
				unreasonable confinement, intimidation, or punishment with resulting physical
				harm, pain, or mental anguish. Abuse also includes the deprivation by an
				individual, including a caretaker, of goods or services that are necessary to
				attain or maintain physical, mental, and psychological well-being. Instances of
				abuse of all residents, irrespective of any mental or physical condition, cause
				physical harm, pain, or mental anguish. It includes verbal abuse, sexual abuse,
				physical abuse, and mental abuse including abuse facilitated or enabled through
				the use of technology. As used in this definition, willful means the individual
				must have acted deliberately, not that the individual must have intended to
				inflict injury or harm.
2.3.
				Administrator. A person licensed in the state of West Virginia as a nursing
				home administrator who is responsible for the day to day operation of the
				nursing home.
2.4. Advance
				Directive. Written instruction of an individual, such as a living will, a
				durable power of attorney for health care or general durable power of attorney,
				recognized under state law and relating to the provision of health care when
				the individual is unable to direct his or her own health care.
2.5. Annual Inspection. For the purpose of
				this rule, annual inspection is defined as occurring during a time frame of
				nine to 15 months.
2.6. Applicant.
				The person who submits an application for a license or renewal of a license to
				operate a nursing home.
2.7. Bed
				Capacity. The maximum number of beds the nursing home is currently licensed to
				offer for resident occupancy.
2.8.
				Capacity to make health care decisions. When a person is able to comprehend and
				retain information which is material to a decision, especially as to the likely
				consequences; the person is able to use the information and weigh it in the
				balance as part of the process of arriving at a decision and is able to
				communicate the decision in an unambiguous manner.
2.9. Care Plan. A document, based on the
				comprehensive assessment and prepared by the interdisciplinary team in
				conjunction with the resident, that identifies measurable objectives for the
				highest level of functioning the resident may be expected to attain or
				maintain.
2.10. Causal Factors. Any
				stimulus that affects the behavior of a resident either positively or
				negatively.
2.11. Change of
				Ownership. Any transaction that results in change of control over the capital
				assets of a nursing home including, but not limited to, a conditional sale, a
				sale, a lease, or a transfer of title or controlling stock.
2.12. Chemical Restraint. Any drug that is
				used for discipline or staff convenience and not required to treat medical
				symptoms. As used in this definition, convenience means the result of any
				action that has the effect of altering a resident's behavior such that the
				resident requires a lesser amount of effort or care and is not in the
				resident's best interest. As used in this definition, discipline means any
				action taken by facility staff for the purpose of punishing or penalizing
				residents.
2.13. Competent Person.
				A person who has not been adjudicated incompetent by a court of law.
2.14. Discharge. Moving the resident to a
				non-institutional setting when the releasing facility ceases to be responsible
				for the resident's care.
2.15.
				Employee. Any person who performs personal services for the nursing home in
				exchange for monetary compensation where such personal services, including the
				results to be accomplished as well as the details and the means by which the
				results are accomplished, are controlled and directed by the nursing home,
				where monetary compensation is affected through the nursing home's payroll
				system.
2.16. Enabler. Any device
				that allows the resident to accomplish tasks that otherwise he or she could not
				accomplish and maintains and improves a resident's ability to
				function.
2.17. Experimental
				Research. Development and testing of clinical treatments, such as an
				investigational drug or therapy, that involve treatment groups, control groups,
				or both. For example, a clinical trial of an investigational drug is
				experimental research.
2.18.
				Exploitation. Taking advantage of a resident for personal gain through the use
				of manipulation intimidation, threats, or coercion.
2.19. Family Council. A group of persons,
				family members, or responsible parties of the residents, meeting as a group,
				having the right to express grievances in relation to the residents' well-being
				in general, and to make recommendations concerning nursing home policies and
				procedures.
2.20. Governing Body.
				The person or group of persons with the ultimate responsibility and authority
				for the conduct of the nursing home.
2.21. Harm. Noncompliance with this rule that
				has negatively affected the resident so that the resident's physical, mental,
				or psychosocial well-being has been compromised and is not transient in
				nature.
2.22. Interdisciplinary
				Team. A team consisting of at least a registered nurse and other professional
				disciplines as appropriate, including the resident's physician, working
				together with the resident or the resident's representative, if applicable, to
				attain or maintain the resident at his or her highest practicable level of
				physical, mental, and psychosocial well-being.
2.23. Independent Health Contractor. A
				licensed, certified, registered, or a combination of the foregoing health care
				provider who performs personal services for the nursing home in exchange for
				monetary compensation, where the nursing home has the right to specify the
				result to be accomplished by the work, but not the means and methods by which
				the result is accomplished.
2.24.
				Institutional Setting. Any health care facility.
2.25. Involuntary Seclusion. The separation
				of a resident from other residents or from his or her room or confinement to
				his or her room, with or without roommates, against the resident's will, or the
				will of the resident's representative.
2.26. Legal Representative. A person
				appointed by an individual or by a duly authorized agency or court, or
				otherwise authorized by law to exercise some degree of control over a
				resident's affairs. Various types of legal representatives may not necessarily
				have the lawful authority to act on behalf of the resident in all matters that
				require action by the legal representative. For example, a conservator has
				responsibility for financial affairs, but not personal affairs such as medical
				care. Legal representatives include:
2.26.1. A
				conservator, temporary conservator, or limited conservator appointed pursuant
				to the West Virginia Guardianship and Conservatorship Act, W. Va. Code
				§§
										44A-1-1,
et seq.,
within the limits set by the appointing
				order;
2.26.2. A guardian,
				temporary guardian, or limited guardian appointed pursuant to the West Virginia
				Guardianship and Conservatorship Act, W. Va. Code §§
										44A-1-1,
et seq.,
within the limits set by the appointing
				order;
2.26.3. A person appointed
				as committee or guardian prior to June 9, 1994, within limits set by the
				appointing order and W. Va. Code §§
										44A-1-1,
et seq.;
2.26.4. A
				person having medical power of attorney pursuant to the West Virginia Health
				Care Decisions Act, W. Va. Code §§
										16-30-1,
et seq.,
within the limits set by the law and the
				appointment;
2.26.5. A
				representative payee under the U.S. Social Security Act, Title 42 US Code
				§ 301,
et seq.,
within the limits of the payee's legal
				authority;
2.26.6. A surrogate
				decision-maker appointed pursuant to the West Virginia Health Care Decisions
				Act, W. Va. Code §§
										16-30-1,
et seq.,
within the limits set by the appointment;
2.26.7. A person having a power of attorney
				pursuant to W. Va. Code §§
										39B-1-101,
et
				seq.;
2.26.8. A person
				identified pursuant to the W. Va. Code §
										16-3C-4, to
				grant consent for HIV related testing and for the authorization of the release
				of the results;
2.26.9. A parent or
				guardian of a minor; or
2.26.10. A
				person lawfully appointed in a similar or like relationship of responsibility
				for a resident under the laws of this State, or another state or legal
				jurisdiction, within the limits of the applicable statute and appointing
				authority.