West Virginia Code 16-5D-5 – Rules; minimum standards for assisted living residences
(a) The secretary will propose rules for legislative approval in accordance with the provisions of § 29A-3-1 et seq. of this code to carry out the purposes and intent of this article and to enable the secretary to exercise the powers and perform the duties conferred upon the secretary by this article.
Terms Used In West Virginia Code 16-5D-5
- Assisted living residence: means any living facility, residence, or place of accommodation, however named, available for four or more residents, in this state which is advertised, offered, maintained, or operated by the ownership or management, whether for a consideration or not, for the express or implied purpose of having personal assistance or supervision, or both, provided to any residents therein who are dependent upon the services of others by reason of physical or mental impairment and who may also require nursing care at a level that is not greater than limited and intermittent nursing care: Provided, That the care or treatment in a household, whether for compensation or not, of any person related by blood or marriage, within the degree of consanguinity of second cousin to the head of the household, or his or her spouse, may not be deemed to constitute an assisted living residence within the meaning of this article. See West Virginia Code 16-5D-2
- Resident: means an individual living in an assisted living residence for the purpose of receiving personal assistance or limited and intermittent nursing services. See West Virginia Code 16-5D-2
- Secretary: means the secretary of the state Department of Health and Human Resources or his or her designee. See West Virginia Code 16-5D-2
- Substantial compliance: means a level of compliance with the rules such that identified deficiencies pose no greater risk to resident health or safety than the potential for causing minimal harm. See West Virginia Code 16-5D-2
(b) The secretary will propose rules establishing minimum standards of operation of assisted living residences, including, but not limited to, the following:
(1) Administrative policies, including:
(A) An affirmative statement of the right of access to assisted living residences by members of recognized community organizations and community legal services programs whose purposes include rendering assistance without charge to residents, consistent with the right of residents to privacy;
(B) A statement of the rights and responsibilities of residents;
(C) The process to be followed by applicants seeking a license;
(D) The clinical, medical, resident, and business records to be kept by the assisted living residence;
(E) The procedures for inspections and for the review of utilization and quality of resident care; and
(F) The procedures for informal dispute resolution and administrative due process and when such remedies are available.
(2) Minimum numbers and qualifications of personnel, including management, medical and nursing, aides, orderlies, and support personnel, according to the size and classification of the assisted living residence;
(3) Safety requirements;
(4) Sanitation requirements;
(5) Protective and personal services to be provided;
(6) Dietary services to be provided;
(7) Maintenance of health records;
(8) Social and recreational activities to be made available;
(9) Physical facilities;
(10) Requirements related to provision of limited and intermittent nursing;
(11) Visitation privileges governing access to a resident by immediate family or other relatives of the resident and by other persons who are visiting with the consent of the resident; and
(12) Such other categories as the secretary determines to be appropriate to ensure resident’s health, safety, and welfare.
(c) The secretary will include in rules detailed standards for each of the categories of standards established pursuant to §16-5D-5(b) and §16-5D-5(d) of this code and will classify such standards as follows:
(1) Class I standards are standards the violation of which, as the secretary determines, would present either an imminent danger to the health, safety, or welfare of any resident or a substantial probability that death or serious physical harm would result;
(2) Class II standards are standards which the secretary determines have a direct or immediate relationship to the health, safety, or welfare of any resident, but which do not create imminent danger;
(3) Class III standards are standards which the secretary determines have an indirect or a potential impact on the health, safety, or welfare of any resident.
(d) An assisted living residence shall attain substantial compliance with standards established pursuant to this section and such other requirements for a license as may be established by rule under this article.