For the purposes of this article:

Terms Used In West Virginia Code 9-7-2

  • 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
  • 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.
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • 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.
  • 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
  • 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

“Assistance” means money payments, medical care, transportation and other goods and services necessary for the health or welfare of individuals, including guidance, counseling, and other welfare services and shall include all items of any nature contained within the definition of “welfare assistance” in § 9-1-2 of this code.

“Benefits” means money payments, goods, services, or any other thing of value.

“Board and Care Facility” means a residential setting where two or more unrelated adults receive nursing services or personal care services.

“Claim” means an application for payment for goods or services provided under the medical programs of the Department of Health and Human Resources.

“Entity” means any corporation, association, partnership, limited liability company, or other legal entity.

“Financial Exploitation” means the intentional misappropriation or misuse of funds or assets of another.

“Fraud” means a knowing misrepresentation, knowing concealment, or reckless statement of a material fact.

“Medicaid” means that assistance provided under a state plan implemented pursuant to the provisions of subchapter nineteen, chapter seven, Title 42, United States Code, as that chapter has been and may hereafter be amended.

“Person” means any individual, corporation, association, partnership, proprietor, agent, assignee, or entity.

“Provider” means any individual or entity furnishing goods or services under the medical programs of the Department of Health and Human Resources.

“Unit” means the Medicaid Fraud Control Unit established under § 9-7-1 of this code.