§9-6-16. Compelling Production of Information
(a)(1) In order to obtain information regarding the location of an adult who is the subject of an allegation of abuse, neglect, or financial exploitation, the Secretary of the Department of Health and Human Resources may serve, by certified mail, personal service, or facsimile, an administrative subpoena on any corporation, partnership, business, or organization for […]
§9-7-1. Legislative Purpose and Findings; Powers and Duties of Fraud Control Unit; Transfer to the Office of the Attorney General; Legislative Report
(a) It is the purpose of the Legislature to continue the Medicaid Fraud Control Unit previously established within the West Virginia Department of Health and Human Resources and to provide it with the responsibility and authority for investigating and controlling fraud and abuse of the medical programs of the state Department of Health and Human […]
§9-7-2. Definitions
For the purposes of this article: “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 […]
§9-7-3. Investigations; Procedure
(a) When the unit has credible information that indicates a person has engaged in an act or activity which is subject to prosecution under this article, the unit may make an investigation to determine if the act has been committed and, to the extent necessary for such purpose, the Attorney General, or an employee of […]
§9-6-11. Reporting Procedures
(a) A report of neglect, abuse, or financial exploitation of a vulnerable adult or facility resident, or of an emergency situation involving such an adult, shall be made immediately, and not more than 48 hours after suspecting abuse, neglect or financial exploitation, to the departments adult protective services agency by a method established by the […]
§9-6-12. Reporting Person's Immunity From Liability
(a) Any person who in good faith makes or causes to be made any report permitted or required by this article shall be immune from any civil or criminal liability which might otherwise arise solely out of making such report. (b) No nursing home may discharge or in any manner discriminate against any resident, family […]
§9-6-13. Abrogation of Privileged Communications
The privileged status of communications between husband and wife, and with any person required to make reports under 9-6-9 or 9-6-10 of this code, except communications between an attorney and his or her client, is hereby abrogated in circumstances involving suspected or known abuse, neglect, or financial exploitation of a vulnerable adult, or where the […]
§9-6-5. Emergency Immediate Remedial Treatment; Procedure
Whenever a circuit court shall find in an action to abate an emergency situation that there is probable cause to believe that a vulnerable adult is in an emergency situation and that the person or persons having the immediate care, custody, and control of such vulnerable adult refuses to take necessary steps to alleviate such […]
§9-6-6. Payment and Termination of Payment for Services to a Vulnerable Adult
If any vulnerable adult requires and is granted remedial treatment for an emergency, or the department determines that a vulnerable adult is abused, neglected, or financially exploited, the department may pay any assistance granted for the use and benefit of such vulnerable adult to the person actually providing care for such adult, and terminate payments […]
§9-6-7. Comprehensive System of Adult Protective Services; Compulsory Assistance Prohibited
The department shall develop a plan for a comprehensive system of adult protective services, including social casework, medical and psychiatric services, home care, day care, counseling, research, and others to achieve the goals of this article. It shall offer such services as are available and appropriate in the circumstances to persons who, other than for […]