Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-38-5 - General Organization and Management5.1. The corporation shall have a valid West Virginia charter to conduct business as a nonprofit corporation.5.2. A major purpose of the corporation shall be to aid and assist and to promote the rights and well-being of the mentally retarded and mentally disabled. The corporation may have purposes other than the provision of guardianship services as specified herein: Provided,however, That such purposes shall not conflict with the corporation's responsibilities as guardian, limited guardian or standby guardian.5.3. Except as provided herein, no corporation licensed under these rules, nor any officer, agent, director, servant or any employee of the corporation shall do business with or in any way profit, either directly or indirectly, from the estate or income of any mentally retarded or mentally handicapped person for whom such corporation serves as guardian or limited guardian.5.4. Each director, officer, agent and employee of the corporation shall file with the department an annual written statement under oath regarding conflict of interest under these rules in a format specified by the department.5.5. No corporation licensed under these rules shall provide educational, vocational, residential or medical services to its wards or to other mentally retarded or mentally handicapped persons.5.6. The corporation shall have a duly constituted board of directors and officers as prescribed by law.5.7. The corporation shall have bylaws in accordance with state laws and these rules which shall provide for at least the following: (a) specification of the powers and duties of the board of directors, the officers and the committees;(b) the number and the length of term of the members of the board of directors and of the officers;(c) the qualifications and the method of selection of the members of the board of directors;(d) the frequency of board and of corporation meetings;(e) the classes of members and their voting privileges;(f) an annual audit by an accredited auditor; and(g) an annual report of all activities of the corporation.5.8. The corporation shall have written policies and procedures consistent with these rules which shall include at a minimum:(a) the distribution of the assets of wards in the event the corporation ceases to be licensed by the health department or may otherwise become unable to act as guardian;(b) the nomination of and the application to the county commission for the appointment of a standby guardian in the event the corporation ceases to be licensed by the health department or otherwise becomes unable to act as guardian; and(c) other policies and procedures required by these rules.5.9. The corporation shall have an executive director who: (a) is responsible for the operation and the administration of the corporation on a day-to-day basis;(b) is supervised and evaluated by the board of directors of the corporation; and(c) is responsible for the supervision and evaluation of staff.5.10. The corporation shall not discriminate in any matter of employment on the basis of race, color, national origin, ancestry, religion, physical handicap or sex and shall abide by all provisions of applicable local, state and federal law and regulations regarding employment.5.11. The corporation shall not discriminate among wards or refuse to accept as wards any individual on grounds of race, color, religion, national origin, sex or financial resources.5.12. The corporation may limit the types of individuals for which it will accept appointment as guardian, limited guardian or standby guardian: Provided, That the corporation shall identify and distinguish by characteristics, needs and capabilities those specific classes of individuals not acceptable as wards. Acceptable distinguishing characteristics shall include but not be limited to age and type of mental handicap. Physical disability shall not be an acceptable characteristic for refusal of guardianship unless the corporation shall demonstrate that the particular type or types of physically handicapping condition of potential wards are of a nature to require special knowledge and experience not present within the corporation staff.5.13. If the corporation limits by type the classes of individuals for which it will accept appointment as guardian, limited guardian or standby guardian, it shall file with the department and with the county commissions of those counties wherein its wards and potential wards reside a current description of its policies regarding acceptance of classes of wards.5.14. The corporation shall maintain the confidentiality of all ward-identifiable records in its custody or accessible to the corporation in the performance of its duties as guardian, limited guardian or standby guardian.5.15. The corporation shall maintain separate financial and guardianship records for wards for whom it serves as both guardian of the estate and guardian of the person.5.16. The corporation shall develop and implement such employee procedures and sanctions and such office procedures as are necessary and appropriate to protect the confidentiality of the records of wards and to effectuate the release of such records to proper interested parties.5.17. Where state law or this rule requires the provision of services by the corporation in executing responsibilities as full, limited or standby guardian of the person or the financial affairs of a ward, the corporation may, unless specified otherwise by these rules, contract for or accept as a donation the services to be provided: Provided, That the contractor and the donor shall agree to comply with the provisions of these rules and relevant state and federal law and rules and regulations and shall agree to undergo survey and inspection procedures regarding compliance with these rules. When services are to be donated or provided on a volunteer basis there shall be a written specification of the extent and the nature of services to be provided and activities to be performed by the donor or volunteer. In the event that such services are performed by entities other than the corporation, the corporation shall be held responsible for the adequacy and effectiveness of those services.5.18. The corporation shall have on file all orders, authorizations and directions of the county commission and the fiduciary commissioner or supervisor regarding the ward.5.19. The corporation shall not exceed the authority of any such orders, authorizations or directions of the county commission and the fiduciary commissioner or supervisor.5.20. The corporation shall carry liability and other insurance to protect the corporation from foreseeable liabilities arising from the performance of its guardianship duties and responsibilities.5.21. The corporation shall retain legal counsel to assist in making arrangements for and in performing its guardianship duties and responsibilities.5.22. The license shall be displayed in a conspicuous and public place in plain view of all wards, clients and visitors to the office of the corporation and a copy of the license shall be displayed in a like manner in every office and location of the corporation.