§9-6-10. Mandatory Reporting to Medical Examiner or Coroner; Postmortem Investigation
(a) Any person or official who is required under 9-6-9 of this code to report cases of suspected abuse, neglect, or financial exploitation, and who has probable cause to believe that a vulnerable adult or facility resident has died as a result of abuse or neglect, shall report that fact to the appropriate medical examiner […]
§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 […]
§9-6-4. Action to Abate Abuse, Neglect, Emergency, or Financial Exploitation
The department or any reputable person may bring and maintain an action against any person having actual care, custody, or control of a vulnerable adult, for injunctive relief, including a preliminary injunction, to restrain and abate any abuse, neglect, or financial exploitation of a vulnerable adult or to abate an emergency situation. In any such […]
§9-5-25. Medicaid Program Compact
(a) The Secretary of the Department of Health and Human Resources shall contact West Virginia’s surrounding states to discuss the creation of a compact. This compact would enable each states’ health care providers to be eligible to be paid for services provided to the other states’ Medicaid participants. (b) The Secretary shall provide a report […]
§9-5-26. Supplemental Medicare and Medicaid Reimbursement
(a) A ground emergency medical transportation services provider, owned, operated by, or providing services under contract to, the state, or a city, a county, or city and county, that provides services to Medicare and Medicaid beneficiaries is eligible for supplemental reimbursement. (b) An eligible provider’s supplemental reimbursement shall be calculated and paid as follows: (1) […]
§9-5-27. Transitioning Foster Care Into Managed Care
(a) “Eligible services” means acute care, including medical, pharmacy, dental, and behavioral health services. (b) The secretary shall transition to a capitated Medicaid program for a child classified as a foster child and a child placed in foster care under Title IV-E of the Social Security Act who is living in the state by January […]
§9-5-28. Requirement for Telehealth Rates
The Medicaid plan, which issues, renews, amends, or adjusts a plan, policy, contract, or agreement on or after July 1, 2021, shall provide reimbursement for a telehealth service at a rate negotiated between the provider and the insurance company for virtual telehealth encounters. The Medicaid plan, which issues, renews, amends, or adjusts a plan, policy, […]
§9-5-29. Payments to Substance Use Disorder Residential Treatment Facilities Based Upon Performance-Based Outcomes
(a) For purposes of this section: (1) “Department” means the Department of Health and Human Resources.