§16-5E-5. Inspections; Right of Entry
The director may employ inspectors to enforce the provisions of this article. These inspectors shall have the right of entry into any place where services are provided by a service provider, to determine the number of residents therein and the adequacy of services being provided to them. The director may obtain a search warrant to […]
§16-5E-6. Enforcement; Criminal Penalties
(a) Any service provider who fails to register with the director shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $500 or more than $2,500 or imprisoned in jail not less than ten days, or more than thirty days after notice by certified mail by the director to […]
§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: (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 […]
§16-5E-2. Definitions
As used in this article, unless a different meaning appears from the context: (a) "Director" means the secretary of the Department of Health and Human Resources or his or her designee. (b) "Limited and intermittent nursing care" means direct hands on nursing care of an individual who needs no more than two hours of nursing […]
§16-5E-3. Registration of Service Providers Required; Form of Registration; Information to Be Provided
(a) Service providers shall register with the director. No fee may be charged for registration. Registration information shall be provided on a registration form or may be verbally communicated to the director for placement by the director on the form, but no provision of information may be deemed to meet the registration requirement until the […]
§16-5E-3a. Exemption for the United States Department of Veterans Affairs Medical Foster Homes; Reporting
(a) The provisions of this article do not apply to any home or facility approved and annually reviewed by the United States Department of Veterans Affairs as a Medical Foster Home, pursuant to 38 CFR 17.73, in which care is provided exclusively to three or fewer veterans. (b) The West Virginia Department of Veterans Affairs […]
§16-5E-4. Public Availability of Registry
The director shall publish and make available to the public on an annual basis a list of service providers registered in accordance with section three of this article.
§16-5E-1. Purpose
It is the policy of this state to encourage the availability of appropriate noninstitutional surroundings for the elderly and for the care of persons in need limited and intermittent of nursing care or personal assistance. The registration of providers of services to such residents in unlicensed homes will help to identify where the services are […]