West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-09 - Neonatal Abstinence Centers › Section 69-9-2 - DEFINITIONS

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Abuse - means
				the threat to a patient's health or welfare by a person who knowingly or
				intentionally inflicts, attempts to inflict or knowingly allows another person
				to inflict physical injury or mental or emotional injury upon the patient; or
				sexual abuse or sexual exploitation.
2.2. Addiction - means a disease
				characterized by an individual pursuing reward and/or relief with substance use
				and/or other behaviors. Addiction is characterized by impairment in behavioral
				control, craving, inability to consistently abstain, and diminished recognition
				of significant problems with one's behaviors and interpersonal relationships;
				likely to involve cycles of relapse and remission.
2.3. Administrator - means an individual
				designated by the governing body of the neonatal abstinence center to be
				responsible for the day-to-day operation of the neonatal abstinence syndrome
				center.
2.4. Adult Protective
				Services/Child Protective Services (APS/GPS) Background Check - means an
				authorized disclosure of an individual's history with the Department as an
				identified adult or child abuse maltreator.
2.5. Annual Inspection - means a recurring
				inspection by the Department that will take place once every nine to 15
				months.
2.6. Applicant - means the
				person or entity who submits an application for a license or renewal of a
				license to operate a neonatal abstinence syndrome center.
2.7. Bed Capacity - means the maximum number
				of beds a neonatal abstinence syndrome center is licensed to offer for
				residential care and occupancy.
2.8. Care Plan - means a document, based on a
				comprehensive assessment and prepared by the interdisciplinary team in
				conjunction with the patient's parent, family and/or legal representative that
				identifies measurable goals and objectives for the highest level of functioning
				the patient is expected to attain or maintain.
2.9. Change of Ownership - means any
				transaction that results in the change of control over the capital assets of a
				neonatal abstinence syndrome center including, but not limited to, a
				conditional sale, a sale, a lease or a transfer of title or controlling stock.
2.10. Complaint - means a verbal
				or written statement made by a patient, family member, legal representative
				and/or community member and filed with the program administrator or a state
				oversight agency alleging inadequate or inappropriate service on the part of a
				neonatal abstinence syndrome center.
2.11. Conflict of Interest - means any action
				that results in, or has the appearance of resulting in, personal,
				organizational, or professional gain.
2.12. Critical Incident or Adverse Event -
				means an incident resulting in or the potential for significant harm or death
				to a patient; an immediate threat to care or safety of an individual, either
				staff or patient; the possibility of serious operational or personnel problems
				within the center; or the potential to undermine public confidence in the
				neonatal abstinence syndrome center.
2.13. Deficiency - means a neonatal
				abstinence center's failure to meet a specific requirement under the provisions
				of this rule. A deficiency cited by the Department shall explicitly state which
				requirement was not met, and include evidence to support the Department's
				decision of noncompliance.
2.14.
				Department - means the West Virginia Department of Health and Human
				Resources.
2.15. Director - means
				the Director of the Office of Health Facility Licensure and
				Certification.
2.16. Diversion
				Control Plan - means a required plan developed by the neonatal abstinence
				syndrome center to minimize the diversion of methadone or other medications to
				illicit use.
2.17. Employee - means
				any person who performs personal services for the neonatal abstinence syndrome
				center in exchange for monetary compensation. Such personal services that
				include 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 neonatal
				abstinence center. Monetary compensation is effected through the neonatal
				abstinence center's payroll system.
2.18. Experimental Research - means
				development and testing of clinical treatments, such as an investigational drug
				or therapy, involving treatment or control groups or both. For example, a
				clinical trial of an investigational drug is experimental research.
2.19. Facility - means the physical building
				in which a neonatal abstinence syndrome center services are provided.
2.20. Family - means a group of two or more
				persons related by blood, marriage, foster relationship, or adoption.
2.21. For-Cause Inspection - means an
				inspection by the state oversight agency that may be operating in violation of
				state neonatal abstinence syndrome center standards, may be providing
				substandard treatment or may be serving as a possible source of diverted
				medications.
2.22. Governing Body -
				means the person or persons identified as being legally responsible for the
				operation of the neonatal abstinence syndrome center. A governing body may be a
				board, a single entity or ownership or a partnership.
2.23. Grievance - means a written or oral
				complaint filed with the program administrator or the state operating agency
				alleging inadequate or inappropriate treatment by the neonatal abstinence
				syndrome center.
2.24. Harm - means
				noncompliance with this rule that has negatively affected the patient so that
				the patient's physical, mental or psychosocial well-being has been compromise,
				and is not temporary in nature.
2.25. Immediate Jeopardy - means a situation
				in which the neonatal abstinence syndrome center's noncompliance with one or
				more requirements of this rule has caused, or is likely to cause, serious
				injury, harm, impairment, or death of a patient.
2.26. Individualized Plan of Care - means a
				plan of treatment and care developed by the patient's interdisciplinary team
				that outlines the attainable short term and long term treatment goals, the
				services to be provided, the frequency of services, and the responsible party
				for each goal and service.
2.27.
				Informed Consent - means written acknowledgment and verification by the
				patient's legal representative stating that information on the advantages and
				disadvantages of all aspects of the treatment provided to the patient and that
				the patient's legal representative agrees to the treatment.
2.28. Interdisciplinary Team - means a group
				of professionals and paraprofessionals responsible to develop, approve, and
				coordinate the individualized treatment plan of care and services for the
				patient.
2.29. Legal Representative
				- means the parent or parents of a minor patient, or a person appointed as
				guardian 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, or the legal custodian
				as identified by the person appointed as guardian.
2.30. License - means the document issued by
				the state oversight agency that constitutes the neonatal abstinence syndrome
				center's authority to receive patients and perform services within the scope of
				this rule.
2.31. Licensed or
				Registered - means the person licensed or registered to follow a profession by
				the proper authority within the state of West Virginia. When applied to a
				neonatal abstinence syndrome center, it means the facility is licensed by the
				state oversight agency.
2.32.
				Licensee - means a person, persons or entity holding a license to operate a
				neonatal abstinence syndrome center, and who is responsible for compliance with
				all rules and minimum standards.
2.33. Medical Director - means the physician
				licensed within the state of West Virginia who assumes responsibility for
				administering all medical services performed by the neonatal abstinence
				syndrome center, either by performing them directly or by delegating specific
				responsibility to authorized program physicians and health care professionals
				functioning under the medical director's supervision.
2.34. Medication Error - means any
				preventable event where a dose of medication received, or not received by a
				patient differs from what the prescriber has prescribed.
2.35. Misappropriation - means the deliberate
				misplacement, exploitation or wrongful use of a patient's belongings or
				money.
2.36. Neglect - means the
				failure to provide goods and services, including but not limited to, adequate
				nutrition, clothing, shelter, supervision, medical care or education, or
				abandonment.
2.37. Neonatal - means
				the period of time covering the first 28 days after birth.
2.38. Neonatal Abstinence Center - means any
				center or facility, however named, within the state of West Virginia, which is
				advertised, offered, maintained or operated by the ownership or management,
				whether for consideration or not, for the express or implied purpose of
				providing accommodations and care, for a period of more than 24 hours but not
				to exceed 30 days, unless the physician recommends a longer length of stay
				based on documented evidence-based practices and the infant's individual
				response to treatment.
2.39.
				Neonatal Abstinence Syndrome (NAS) - means a group of symptoms that occur in a
				newborn who was exposed to addictive drugs while in the mother's womb, and
				includes prenatal exposure to a neuroactive substance and exhibits clinical
				signs and symptoms of withdrawal, regardless of whether pharmacological
				treatment is required.
2.40.
				Noncompliance - means any deficient practice or non-conformity that causes a
				neonatal abstinence syndrome center to not be in substantial compliance with
				this rule.
2.41.
				Non-Pharmacological Intervention - means evidence-based treatment, excluding
				the use of pharmacological interventions, for neonatal abstinence syndrome that
				is recognized by the American Academy of Pediatrics, or a nationally recognized
				organization with expertise in neonatal abstinence syndrome.
2.42. Office of Health Facility Licensure and
				Certification - means the state oversight agency responsible to enforce this
				rule.
2.43. Orientation - means the
				introduction of the legal representative, parents, and/or family to the
				policies and procedures of the neonatal abstinence syndrome center.
2.44. Patient - means an individual under six
				months old receiving treatment from a neonatal abstinence syndrome
				center.
2.45. Pharmacological
				Treatment - means the use of prescribed medications indicated to relieve
				moderate to severe signs of NAS and to prevent complications such as fever,
				weight loss, and seizures that is recognized by the American Academy of
				Pediatrics, or a nationally recognized organization with expertise in neonatal
				abstinence syndrome.
2.46.
				Physician - means an individual licensed to practice allopathic medicine by the
				West Virginia Board of Medicine pursuant to W. Va. Code §
									30-3-1 et.
				seq., or osteopathic medicine by the West Virginia Board of Osteopathy pursuant
				to W. Va. Code §
									30-14-1 et
				seq.
2.47. Plan of Care - means the
				overall profile of services and expected outcomes of care that may include
				plans to meet the person's needs after discharge. This includes all care and
				services outlined in the medical record.
2.48. Plan of Correction - means a written
				description of the actions the neonatal abstinence syndrome center intends to
				take to correct and prevent the reoccurrence of violations of a rule or policy
				identified by the designated state oversight agency during an investigation or
				survey.
2.49. Program Sponsor -
				means the person named in the application for certification and licensure of a
				neonatal abstinence syndrome center who is responsible for the operation of the
				neonatal abstinence syndrome center, and who assumes responsibility for all of
				its employees, and contractors. The program sponsor is not required to be a
				licensed physician, but shall employ a licensed physician for the position of
				medical director.
2.50. Protective
				Services - means Child or Adult Protective Services operating under the West
				Virginia Department of Health and Human Resources.
2.51. Repeat Deficiency - means a deficiency
				that meets all of the following conditions: is cited on the current inspection;
				was cited on the previous inspection or any intervening inspection between the
				current inspection and the previous inspection; has had a plan of correction
				submitted for the previous inspection or any intervening inspection that was
				accepted by the Director; and is cited based on the same regulatory
				grouping.
2.52. Secretary - means
				the Secretary of the West Virginia Department of Health and Human Resources, or
				his or her designee.
2.53. Scoring
				System - means a formal, validated method for assessing NAS severity that is
				recognized by the American Academy of Pediatrics, or a nationally recognized
				organization with expertise in neonatal abstinence syndrome.
2.54. State Oversight Agency - means the
				Office of Health Facility Licensure and Certification.
2.55. Variance - means a formal agreement
				between state oversight agency and the neonatal abstinence center that allows
				the program to comply with the intent of the regulatory rule, policy or
				standard in a manner not otherwise permitted by this rule, policy or standard.
				A variance may not be obtained based solely on the inability to achieve
				compliance.
2.56. Volunteer - means
				individuals who perform services without pay.