9-5-1 Exemption of grants from certain taxes and claims
9-5-2 Release of liens and reassignment of insurance policies
9-5-3 Recipient of assistance not a pauper
9-5-4 Penalties for false statements, etc
9-5-5 Recipients of cash grants
9-5-6 Attorney general and prosecuting attorneys to render legal services to commissioner
9-5-7 Visitation by county employees
9-5-8 Authority to examine witnesses, administer oaths and take affidavits
9-5-8a Authority to subpoena witnesses and documents when investigating the provision of medical assistance programs
9-5-8b Authority of Investigations and Fraud Management Division to subpoena witnesses and documents
9-5-9 Direct cremation or direct burial expenses for indigent persons
9-5-10 Continuation of present aid; contributions by counties
9-5-11 Definitions; Assignment of rights; right of subrogation by the Department for third-party liability; notice requirement for claims and civil actions; notice requirement for settlement of third-party claim; penalty for failure to notify the department; pro
9-5-11a Notice of action or claim
9-5-11b Release of information
9-5-11c Right of the Department of Health and Human Resources to recover medical assistance
9-5-12 Medicaid program; maternity and infant care
9-5-13 Pilot program for certain aid recipients seeking self-employment
9-5-14 Medicaid program; health care facilities financed by bonds; rules regarding reimbursement of capital costs
9-5-15 Medicaid program; preferred drug list and drug utilization review
9-5-16 Medicaid program; legislative purpose; health care provider reimbursement study by department; hearings; report
9-5-16a Medicaid-certified nursing homes; screening of applicants and residents for mental illness; reimbursement of hospitals
9-5-17 Nonprofit agency or facility, in receipt of Medicaid moneys, shall provide annual accounting of gross receipts and disbursements including salaries
9-5-19 Summary review for certain behavioral health facilities and services
9-5-20 Medicaid program; chronic kidney disease; evaluation and classification
9-5-21 Annual report to joint committee on government and finance regarding treatment for autism spectrum disorders provided by the Bureau for Medical Services
9-5-22 Medicaid managed care reporting
9-5-23 Bureau of Medical Services information
9-5-24 Requiring substance abuse treatment providers to give pregnant woman priority access to services
9-5-25 Medicaid program compact
9-5-26 Supplemental Medicare and Medicaid reimbursement
9-5-27 Transitioning foster care into managed care
9-5-12a Medicaid program; dental care
9-5-28 Requirement for telehealth rates
9-5-29 Payments to substance use disorder residential treatment facilities based upon performance-based outcomes
9-5-30 Certified community behavioral health clinics
9-5-31 Commissioner to conduct study
9-5-32 Prior authorization
9-5-33 Managed care organization contracts exempt from purchasing requirements; providing for exceptions

Terms Used In West Virginia Code > Chapter 9 > Article 5 - Miscellaneous Provisions

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appraisal: A determination of property value.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Assistance: means the three classes of assistance, namely: Federal-state assistance, federal assistance and state assistance. See West Virginia Code 9-1-2
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Commissioner: means the commissioner of human services: Provided, That beginning January 1 2024, "commissioner" means the secretary of the Department of Human Services. See West Virginia Code 9-1-2
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Department: means the state division of human services: Provided, That beginning January 1, 2024, "department" means the Department of Human Services. See West Virginia Code 9-1-2
  • Dependent: A person dependent for support upon another.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Escrow: Money given to a third party to be held for payment until certain conditions are met.
  • Estate: means all real and personal property and other assets included within the individual's estate as defined in the state's probate law. See West Virginia Code 9-1-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Indigent person: means any person who is domiciled in this state and who is actually in need as defined by division or department rules and has not sufficient income or other resources to provide for such need as determined by the state division of human services or the Department of Human Services. See West Virginia Code 9-1-2
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Judgment: includes decrees and orders for the payment of money, or the conveyance or delivery of land or personal property, or some interest therein, or any undertaking, bond or recognizance which has the legal effect of a judgment. See West Virginia Code 2-2-10
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • Pro se: A Latin term meaning "on one's own behalf"; in courts, it refers to persons who present their own cases without lawyers.
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Secretary: means the secretary of the Department of Health and Human Resources: Provided, That beginning January 1, 2024, "secretary" means the secretary of the Department of Human Services. See West Virginia Code 9-1-2
  • Services: means nursing facility services, home and community-based services, and related hospital and prescription drug services for which an individual received Medicaid medical assistance. See West Virginia Code 9-1-2
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Verdict: The decision of a petit jury or a judge.