Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-11-2 - Application and Enforcement2.1. Application. -- The core requirements of sections 1 through 13 of this rule apply to all behavioral health centers, both public and private. Each behavioral health center included in this rule shall comply with core requirements in addition to specialized modules as applicable to each program.2.2. This rule contains the requirements to obtain a license to operate as a behavioral health center providing behavioral health services and supports for consumers in West Virginia.2.3. This rule applies equally to profit, nonprofit, publicly-funded, and privately-funded facilities.2.4. Enforcement. This rule is enforced by the Inspector General housed within the West Virginia Department of Health or his or her designee. For the purposes of this rule, the Inspector General designates the Director of the Office of Health Facility Licensure and Certification.2.5. Exemptions. -- The following programs or services are exempt from the requirements of this rule:2.5.1. A program not providing behavioral health services;2.5.2. Services provided through a Medicaid self-directed, community-based waiver;2.5.3. Outpatient services approved by the Centers for Medicare and Medicaid Services (CMS) at federally designated locations;2.5.4. Hospitals operating within the scope of their license under W. Va. Code §16-5B-1, et seq.;2.5.5. Individuals or groups of behavioral health or health practitioners functioning within the scope of their license under chapter 30 of the West Virginia Code; and2.5.6. Specialized Family Care providers providing only services to individuals in Specialized Family Care settings, or Natural Family or Adoptive Family Homes providing Intellectual/Developmental Disabilities Waiver (IDDW) services.2.6. The Inspector General will deem the license of all facilities operating as Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) serving only children that are in compliance with federal certification standards and of residential children's programs functioning within the scope of their license as described in 78CSR3.2.7. In the event a facility otherwise exempt under subsection 2.5.3. of this rule wants to be licensed as a behavioral health center, that facility must follow the application procedures in this rule and must comply with all provisions of this rule. While licensed, the exemption in subsection 2.5.3. no longer applies.