W. Va. Code R. § 64-11-6

Current through Register Vol. XLI, No. 17, April 26, 2024

Section 64-11-6 - Risk Management and Quality Assurance

6.1. Insurance and Bonding.

6.1.1. The provider shall purchase or self-fund appropriate types of insurance including as appropriate, but not limited to, general liability, fire and theft, professional liability, officer's or director's liability, and automobile liability for vehicles owned or leased by the provider.

6.1.2. The provider shall ensure that all staff who handle or manage consumer funds are bonded at the provider's expense or that the provider maintains appropriate insurance coverage to cover potential losses unless the aggregate amount of consumer funds is less than $500.

6.1.3. Parents acting in their legal capacity as conservators for their children or protected adults, even if employed by the provider, are not included in the requirement for bonding.

6.1.4. The provider may elect to self-insure but must guarantee replacement of losses of consumer funds.

6.1.5. All bonding policies shall be adequate to replace the aggregate of consumer funds managed by the provider or if the provider elects to self-insure, there must be evidence of sufficient financial capacity to replace consumer funds.

6.2. Transportation.-

6.2.1. A provider that provides transportation in vehicles owned or leased by the provider for use with consumers as part of a service shall have procedures for ensuring:

6.2.1.a. The use of age-appropriate passenger restraint systems and adequate vehicle modifications including lifts;

6.2.1.b. Adequate passenger supervision relative to the ages, genders, behavioral challenges, and disabilities of the consumers being transported;

6.2.1.c. Proper and timely licensure and inspection of the vehicles;

6.2.1.d. First aid kits in each vehicle;

6.2.1.e. Proper and timely maintenance of vehicles;

6.2.1.f. That the number of persons in any vehicle used to transport consumers shall not exceed the number of available safety restraint systems;

6.2.1.g. Sufficient liability insurance;

6.2.1.h. Secure anchoring for wheelchairs; and

6.2.1.i. Annual validation of driver licenses of individuals driving vehicles that transport consumers.

6.2.2. The provider shall maintain evidence that staff or contracted individuals transporting consumers in their own vehicles as part of their duties are properly insured either personally or through the provider's insurance in case of automobile accident, have a valid state inspection sticker, and are legally registered. No firearm may be present in any vehicle while the vehicle is used to transport a consumer.

6.3. Quality Assurance.

6.3.1. The provider shall have and implement a systems review of the appropriateness and effectiveness of consumer services which includes an analysis of the results of treatment plan reviews and of reports by the human rights committee.

6.3.2. The protection of civil rights for consumers with disabilities is of extreme importance. Special attention and efforts are essential to ensure that a consumer's human and civil rights are promoted, exercised, and protected.

W. Va. Code R. § 64-11-6