§16-5L-9. Long-Term Care Ombudsman Volunteer Training and Certification
(a) The state long-term care ombudsman shall develop procedures for training and certification of long-term care ombudsman volunteers. The regional long-term care ombudsman shall implement certification training for all ombudsman volunteers in accordance with the procedures developed by the state long-term care ombudsman. No ombudsman volunteer shall perform any of the duties enumerated in section […]
§16-5L-10. Investigation of Complaints
(a) Upon receipt of a complaint filed on behalf of a resident, or on his or her own initiative, a state or regional long-term care ombudsman shall investigate any act, practice, policy or procedure of any long-term care facility or government agency which affects the health, safety, welfare or rights of any resident. (b) Investigative […]
§16-5L-11. Access to Long-Term Care Facilities
(a) A state or regional long-term care ombudsman shall, with proper identification, have access to any long-term care facility for the purposes of investigations of a complaint filed pursuant to section ten of this article. The state or regional long-term care ombudsman may enter a facility at a time appropriate to the complaint. The visit […]
§16-5L-12. Access to Records
(a) The long-term care ombudsman is allowed access to any resident's records, including medical records, reasonably necessary to any investigation carried out pursuant to the provisions of section ten of this article, under the following conditions: (1) If the resident is competent and has the ability to write, access may only be obtained by the […]
§16-5L-13. Subpoena Powers
(a) The state long-term care ombudsman, or the designee of the state long-term care ombudsman, may, in the course of any investigation carried out pursuant to section ten of this article: (1) Apply to the circuit court of the appropriate county or the circuit court of the county of Kanawha for the issuance of a […]
§16-5L-14. Cooperation Among Government Departments or Agencies
(a) The state or regional long-term care ombudsman shall have access to publicly disclosable records of any state government department, agency, or office reasonably necessary to any investigation carried out pursuant to section ten of this article. The regional long-term care ombudsman shall be notified of and be allowed to observe any survey conducted by […]
§16-5L-15. Confidentiality of Investigations
(a) Information relating to any investigation of a complaint pursuant to section ten of this article that contains the identity of the complainant or resident shall remain confidential except: (1) Where disclosure is authorized in writing by the complainant, or resident or the guardian, committee, attorney in fact or representative of the resident;
§16-5L-1. Short Title
This article may be known and cited as the "West Virginia Long-Term Care Ombudsman Program Act."
§16-5L-2. Legislative Purpose
The Legislature recognizes that the state commission on aging, as set forth in article fourteen, chapter twenty-nine of this code, pursuant to a grant from the federal government, has established a West Virginia long-term care ombudsman program. The Legislature declares that it is the public policy of this state to encourage community contact and involvement […]
§16-5L-3. Definitions
As used in this article, unless a different meaning appears from the context: (a) "Government agency" means any department, division, office, bureau, board, commission, council, authority, or any other agency or instrumentality created by the state or political subdivision thereof or to which the state is a party or by any county or municipality which […]