West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-123 - West Virginia Clearance for Access: Registry and Employment Screening › Section 64-123-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Definitions
				incorporated by reference. -- Those terms defined in W. Va. Code §
									16-49-1,
et seq
.,
				are incorporated herein by reference.
2.2. Conviction -- means a finding of guilt
				by a court, a plea of guilty, or
nolo contendere
was accepted,
				or when the individual entered a first offender, deferred adjudication, or
				arrangement or program where the judgment of conviction is withheld, regardless
				of whether an appeal is pending.
2.3. Covered Contractor -- means any
				contractor whose employees are working at facilities or providers that are
				required to participate in the West Virginia Clearance for Access: Registry and
				Employment Screening program and meet the definition of a covered provider as
				defined within this section.
2.4.
				Covered Provider -- means the following facilities or providers that are
				required to participate in the WV CARES program: skilled nursing facilities;
				nursing facilities; home health agencies; providers of hospice care; long-term
				care hospitals; providers of personal care services; providers of adult day
				care; residential care providers that arrange for or directly provide long-term
				care services including assisted living facilities; intermediate care
				facilities for individuals with intellectual disabilities; persons responsible
				for the care of children; chronic pain management clinics; behavioral health
				centers; neonatal abstinence syndrome centers; opioid treatment centers; and
				any other facility or provider required to participate in the WV CARES program
				as determined by the Office of the Inspector General, Secretary of the West
				Virginia Department of Health, Secretary of the West Virginia Department of
				Human Services, or Secretary of the Department of Health Facilities in
				legislative rule.
2.5. Direct
				On-site Supervision -- means uninterrupted observation of a provisional
				employee by another employee who has cleared all the required background
				checks. Provisional employees cannot have direct access without being
				supervised or observed as required by the provisions of this rule.
2.6. Director -- means the Director of the
				West Virginia Clearance for Access: Registry and Employment Screening program
				or his or her designee located within the Office of the Inspector
				General.
2.7. Disqualifying Offense
				-- means a conviction or substantiated finding for any of the crimes that
				exclude an applicant from direct access personnel positions in the bureau,
				covered provider, or covered contractor including the conviction of attempt,
				solicitation, conspiracy, aiding, or abetting the underlying crime.
				Disqualifying convictions include those crimes enumerated in federal or any
				state's code and recognized by the West Virginia State Police, and that
				generally fall within the following categories:
2.7.1. State or federal health and social
				services program-related crimes;
2.7.2. Patient abuse or neglect;
2.7.3. Health care fraud;
2.7.4. Felony drug crimes;
2.7.5. Crimes against care-dependent or
				vulnerable individuals;
2.7.6.
				Felony crimes against the person;
2.7.7. Felony crimes against
				property;
2.7.8. Sexual
				offenses;
2.7.9. Felony crimes
				against chastity, morality and decency;
2.7.10. Felony crimes against public
				justice;
2.7.11. Felony traffic
				offenses;
2.7.12. Felony crimes
				against the peace;
2.7.13. Human
				trafficking; and
2.7.14. Felony
				money laundering.