West Virginia Code of State Rules › Agency 69 - Health And Human Resources › Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 69-11 - Medication-Assisted Treatment - Opioid Treatment Programs › Section 69-11-11 - For-Cause Inspections; Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. The Secretary may at any time conduct
				unannounced inspections of a MAT program for cause if the Secretary has
				received a complaint about the program or has reason to believe that the
				program may be operating in violation of federal or state statutes, rules or
				regulations; may be providing substandard treatment or may be serving as a
				possible source of diverted medications.
11.2. Any person may file a complaint with
				the Secretary alleging violation of applicable laws, rules or policies by a MAT
				program. A complaint shall identify the MAT program by name and state the
				nature of the complaint.
11.3. At
				the time of any on-site investigation activities, the investigator shall notify
				the program sponsor or administrator at opioid treatment programs and medical
				director of the general reason for the investigation.
11.4. Within 15 working days of the
				investigation, the Secretary shall provide to the program sponsor or
				administrator a written report of the results of the investigation. The report
				shall specify any deficiency found and the rule that forms the basis for the
				violation.
11.5. The Secretary may
				permit the MAT program to develop a plan of correction to address any noted
				violations or deficiencies. The Secretary may advise and consult with the
				program sponsor, administrator or other personnel with the opioid treatment
				programs in order to assist with a plan of correction.
11.6. The Secretary may impose a civil money
				penalty, suspend or revoke a license or take such other action as deemed
				appropriate to address any violations or deficiencies. In the event the
				Secretary determines that the continued operation of the MAT program is a
				threat to the health, welfare and safety of its patients or employees, the
				Secretary may issue an order immediately closing the facility pursuant to
				applicable administrative procedures.
11.7. Upon completion of the investigation,
				the Secretary shall notify the complainant whether the allegations have been
				substantiated and how to obtain a copy of the report.
11.8. The Secretary shall keep confidential
				any information that could reasonably lead to the identification of a
				complainant and of any patient involved in the complaint or investigation. The
				Secretary shall not disclose such information without the written consent of
				the complainant or patient. The Secretary shall delete any identifying
				information before disclosure of investigative information to the
				public.
11.9. If a complaint
				becomes the subject of a judicial proceeding, nothing in this rule prohibits
				the disclosure of information that would otherwise be disclosed in judicial
				proceedings.
11.10. The Secretary
				may suspend or revoke a license of a MAT program for violating the prohibitions
				of this section.