Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-85-3 - State Administrative Procedures3.1. General licensing provisions. 3.1.a. A facility that proposes to advertise, market, or otherwise promote the facility as providing a specialized unit or program for residents requiring alzheimer's/dementia care services in an alzheimer's/dementia special care unit or program shall first obtain an additional license from the secretary, to operate the special care unit or program.3.1.b. A facility shall be licensed or eligible for a license as a health care facility in accordance with West Virginia law, to operate an alzheimer's/dementia special care unit or program. The facility shall meet the requirements of this rule in addition to any other applicable federal or state law and rule.3.1.c. The facility shall make application to the secretary, prior to operation and on an annual license renewal application, on a form provided by the secretary. The applicant shall complete, sign and date the application.3.1.d. The applicant shall submit a disclosure and application for approval, completed on forms provided by the secretary.3.1.e. The secretary may, at his or her discretion, deny the application, if the facility is the subject of enforcement action by the department or has a history of noncompliance.3.1.f. Prior to occupancy, the applicant shall submit architectural plans for an alzheimer's/dementia special care unit, including any new additions or renovations, to the secretary and state fire marshal for approval.3.2. Inspections 3.2.a. The secretary, during the facility's state licensure surveys, shall evaluate compliance with this rule and verify the accuracy of the facility's disclosure statement.3.2.b. The secretary shall conduct complaint investigations regarding the alzheimer's/dementia special care unit or program in accordance with the applicable state licensing provisions for the facility.3.3. Non-Compliance 3.3.a. In the event an alzheimer's/dementia special care unit or program fails to comply with the standards of this rule, the secretary shall cite noncompliance and enforce penalties in accordance with the applicable state licensing provisions of the facility and this rule.3.3.b. Any facility that fails to maintain substantial compliance with this rule is prohibited from advertising, marketing or promoting the facility as providing specialized alzheimer's or dementia care services.