West Virginia Code 16-5E-1a – Powers, rights and duties of the director
In the administration of this article, the director shall have the following powers, duties and rights:
Terms Used In West Virginia Code 16-5E-1a
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Director: means the secretary of the Department of Health and Human Resources or his or her designee. See West Virginia Code 16-5E-2
- Limited and intermittent nursing care: means direct hands on nursing care of an individual who needs no more than two hours of nursing care per day for a period of no longer than ninety consecutive days per episode, which may only be provided when the need for such care meets the following factors: (1) The resident requests to remain in the home. See West Virginia Code 16-5E-2
- Resident: means an individual who is provided services, whether or not for a fee, by a service provider, but resident does not include a person receiving services provided by another who is related to him or her or the spouse thereof by blood or marriage, within the degree of consanguinity of the second cousin. See West Virginia Code 16-5E-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(a) To promulgate and enforce rules governing complaint investigations within the homes of legally unlicensed health care providers registered under this article. Such rules shall include the minimum health, safety and welfare standards in the following areas:
(1) Physical environment;
(2) Nutrition;
(3) Requirements related to limited and intermittent nursing care;
(4) Medication administration;
(5) Protective and personal services to be provided;
(6) Treatment;
(7) 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;
(8) Such other categories as the director determines to be appropriate to ensure residents' health, safety and welfare.
(b) To exercise as sole authority all powers relating to issuance, suspension and revocation of registration of legally unlicensed homes providing health care;
(c) To issue directed plans of correction for deficiencies identified during complaint investigations;
(d) To order closure of any home for failure to comply with a directed plan of corrections;
(e) To take all actions required under the provisions of sections three, four, five and six of this article; and
(f) To deny registration to any operator of a legally unlicensed home who is listed on the state abuse registry.