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Home » US Law » 2022 West Virginia Code » Chapter 16. Public Health » Article 5B. Hospitals and Similar Institutions

§16-5B-1. Health Facilities and Certain Other Facilities Operated in Connection Therewith to Obtain License; Exemptions; Meaning of Hospital, etc.

No person, partnership, association, corporation, or any local governmental unit or any division, department, board or agency thereof shall establish, conduct, or maintain in the State of West Virginia any ambulatory health care facility, ambulatory surgical facility, freestanding or operated in connection with a hospital, hospital or extended care facility operated in connection with a […]

§16-5B-10. Information Not to Be Disclosed; Exception

Information received by the state department of health under the provisions of this article shall be confidential and shall not be publicly disclosed except in a proceeding involving the question of the issuance or revocation of a license.

§16-5B-11. Violations; Penalties

Any person, partnership, association or corporation, and any local governmental unit or any division, department, board or agency thereof establishing, conducting, managing or operating an ambulatory health care facility, ambulatory surgical facility, a hospital, or extended care facility operated in connection with a hospital, without first obtaining a license therefor as herein provided, or violating […]

§16-5B-12. Injunction; Severability

Notwithstanding the existence or pursuit of any other remedy, the director may, in the manner provided by law, maintain an action in the name of the state for an injunction against any person, partnership, association, corporation, or any local governmental unit, or any division, department, board or agency thereof, to restrain or prevent the establishment, […]

§16-5B-13. Hospital-Based Paternity Program

(a) Every public and private hospital licensed pursuant to section two of this article and every birthing center licensed pursuant to section two, article two-e of this chapter, that provides obstetrical services in West Virginia shall participate in the hospital-based paternity program. (b) The Bureau for Child Support enforcement as described in article eighteen, chapter […]

§16-5B-14. The Critical Access Hospital Designation Act

(a) A hospital located in an urban area (Metropolitan Statistical Areas (MSA) county), can be considered rural for the purposes of a designation as a critical access hospital pursuant to 42 U.S.C. §1395i-4(c)(2) if it meets the following criteria: (1) Is enrolled as both a Medicaid and Medicare provider and accepts assignment for all Medicaid […]

§16-5B-15. Hospital Visitation

(a) A public or private hospital licensed pursuant to the provisions of section two of this article is required to permit patient visitation privileges for nonrelatives unless otherwise requested by the patient or legal designee. For purposes of this section, the term "legal designee" means and includes those persons eighteen years of age or older, […]

§16-5B-17. Healthcare-Associated Infection Reporting

(a) As used in this section, the following words mean: (1) “Centers for Disease Control and Prevention” or “CDC” means the United States Department of Health and Human Services Centers for Disease Control and Prevention;

§16-5B-18. Designation of Comprehensive, Primary, Acute, and Thrombectomy Capable Stroke-Ready Hospitals; Reporting Requirements; Rulemaking

(a) A hospital, as that term is defined in §16-5B-1 of this code, shall be recognized by the Office of Emergency Medical Services as a comprehensive stroke center (CSC), thrombectomy-capable stroke center (TSC), primary stroke center (PSC), or an acute stroke-ready hospital (ASRH), upon submitting verification of certification as granted by the American Heart Association, […]

§16-5B-19. Hospital Police Departments; Appointment of Hospital Police Officers; Qualifications; Authority; Compensation and Removal; Law-Enforcement Grants; Limitations on Liability

(a) The governing board of a hospital licensed under 16-5B-2 of this code may establish a hospital police department and appoint qualified individuals to serve as hospital police officers upon any premises owned or leased by the hospital and under the jurisdiction of the governing board, subject to the conditions and restrictions established in this […]

§16-5B-2. Hospitals and Institutions to Obtain License; Qualifications of Applicant

No person, partnership, association, corporation or any local governmental unit or any division, department, board or agency thereof may continue to operate an existing ambulatory health care facility, ambulatory surgical facility, hospital or extended care facility operated in connection with a hospital, or open an ambulatory health care facility, ambulatory surgical facility, a hospital or […]

§16-5B-3. Application for License

Any person, partnership, association, or corporation, or any local governmental unit or any division, department, board or agency thereof desiring a license hereunder shall file with the state department of health a verified application stating the name of the applicant, and if the applicant is an individual, his age; the type of institution to be […]

§16-5B-4. License Fees

The application of any person, partnership, association, corporation, or local government unit for a license to operate a hospital or extended care facility operated in connection with a hospital, shall be accompanied by a fee to be determined by the number of beds available for patients, according to the following schedule of fees: Those with […]

§16-5B-5. Inspection

Every building, institution or establishment for which a license has been issued shall be inspected periodically by a duly appointed representative of the state department of health under rules and regulations to be promulgated by the department. Inspection reports shall be prepared on forms prescribed by the state department of health. Institutions licensed hereunder shall […]

§16-5B-5a. Accreditation Reports Accepted for Periodic License Inspections

Notwithstanding any other provision of this article, a periodic license inspection shall not be conducted by the Department of Health and Human Resources for a hospital if the hospital has applied for and received an exemption from that requirement: Provided, That no exemption granted diminishes the right of the Department of Health and Human Resources […]

§16-5B-6. State Director of Health to Issue Licenses; Suspension or Revocation

The state director of health is hereby authorized to issue licenses for the operation of ambulatory health care facilities, ambulatory surgical facilities, hospitals or extended care facilities operated in connection with hospitals, which are found to comply with the provisions of this article and with all regulations lawfully promulgated by the department. The state director […]

§16-5B-7. Judicial Review

Any applicant or licensee who is dissatisfied with the decision of the state department of health as a result of the hearing provided in section six may, within thirty days after receiving notice of the decision, appeal to the circuit court, in term or in vacation, of the county in which the applicant or licensee […]

§16-5B-8. State Board of Health to Establish Standards; Director Enforces

The board of health shall have the power to promulgate rules and regulations and the director shall have the power to enforce such rules and regulations, as the board of health may establish, not in conflict with any provision of this article, as it finds necessary, or in the public interest, in order to protect […]