W. Va. Code R. § 64-12-2

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-12-2 - Definitions

2.1. Definitions incorporated by reference. -- Those terms defined in W. Va. Code §16-5B-1, et seq., are incorporated herein by reference.

2.2. Abuse -- The infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish.

2.3. Applicant -- The person who submits an application for a license or renewal of a license to operate a hospital or extended/skilled care facility operated in connection with a hospital.

2.4. Bed Capacity -- The maximum number of beds a hospital is licensed to offer for inpatient care including all specialty beds.

2.5. Board of Directors or Board -- The voting members of the governing authority of a hospital.

2.6. Coronary Care Unit -- A specialized area of a hospital containing a grouping of single bedrooms or single bed enclosures where constant, intensive visual observation, and immediate emergency and prescribed non-emergency coronary care, and treatment are provided.

2.7. Critical Access Hospital -- A hospital is a critical access hospital if it:

2.7.1. Is a not-for-profit, for-profit, or public hospital and is located in a county in a rural area as defined in 42 U.S.C.A. §1395.i.4(e);

2.7.2. Is located more than a 35-mile drive from a hospital or another health care facility or is located more than a 15-mile drive from a hospital or another health care facility in the case of mountainous terrain or in areas where only secondary roads are available;

2.7.3. Is designed by the state as being a necessary provider of health care services to residents in the area;

2.7.4. Makes available 24-hour emergency care services: Provided, That the state will determine necessary criteria for ensuring access to emergency care in each area served by the hospital;

2.7.5. Provides not more than 25 beds for providing inpatient care for a period not to exceed 96 hours for each hospitalization to be averaged annually, unless a longer period is required because transfer to a hospital is precluded because of inclement weather or other emergency conditions: Provided, That swing bed patients are not limited to the 96-hour requirement;

2.7.6. Has nursing services available on a 24-hour basis;

2.7.7. Provides basic services as required under Critical Access Regulations 42 C.F.R. §485.635; and

2.7.8. Meets the requirements of 42 U.S.C.A. §1395, et seq., Emergency Medical Treatment and Active Labor Act (EMTALA).

2.8. Department -- West Virginia Department of Health.

2.9. Director -- The official designated by the Secretary of the Department of Health as his or her designee. Unless otherwise specifically noted, that individual is the Director of the Office of Health Facility Licensure and Certification.

2.10. Elderly Persons -- Individuals who are 65 years of age or older.

2.11. Extended Care Unit -- A unit that provides skilled nursing and related services for long-term care patients who require medical, nursing, and other professional health care services.

2.12. Family -- A group of two or more persons related by blood, marriage, significant relationship, or adoption.

2.13. Hospitalization -- The in-house accommodation and care of any person for a continuous period of time, generally longer than 24 hours, for the purpose of providing medical, surgical, nursing and other professional health care services.

2.14. Intensive Care Unit -- A specialized area of a hospital containing a grouping of single-bed rooms or enclosures where close and frequent, if not constant, nursing observation can occur for critically and seriously ill patients requiring highly skilled nursing care.

2.15. License -- The document issued by the Secretary that constitutes the hospital's authority to receive patients and perform services included within the scope of this rule.

2.16. Licensed or Registered -- When applied to a person, means that the person licensed or registered to follow a profession by the proper authority within the state of West Virginia and when applied to a hospital means that the hospital is licensed by the Department. A licensed physician is licensed by the West Virginia Board of Medicine or the West Virginia Board of Osteopathy.

2.17. Long-Term Acute Care Hospital (LTACH) -- A hospital where patients receive care who have been in intensive care or in a short-term acute care setting and require an extended length of stay greater than 25 days. LTACHs are referred to as a hospital within a hospital.

2.18. Medical Staff -- The group of physicians and other licensed health care professionals who practice in the hospital in accordance with section 11 of this rule.

2.19. Member of Management -- Any individual representing the hospital who oversees the day-to- day business of the hospital.

2.20. Midlevel practitioner -- Physician assistants, clinical nurse specialists, or nurse practitioners.

2.21. Neglect -- Failure to provide goods and services necessary to prevent physical harm, mental anguish, or both.

2.22. Nurse Aide Registry -- A list of nurse aides whose names appear on a registry as referenced by 42 C.F.R. §483.156 maintained by the department who have:

2.22.1. Successfully completed a state approved or other recognized nurse aide training and competency evaluation program;

2.22.2. Been determined as meeting these requirements; and

2.22.3. Have had the requirements in the Department of Health Legislative Rule, Nurse Aide Abuse and Neglect Registry, 69CSR6, waived by the secretary.

2.23. Organized Labor Members -- Members of organized labor unions covered by the National Labor Relations Act, the Railroad Labor Act or other federal labor acts.

2.24. Patient Care/Nursing Unit -- A designated area of the hospital that provide a bedroom or a grouping of bedrooms with supporting facilities and services to provide nursing care and clinical management of inpatients and that is planned, organized, operated, and maintained to function as a separate distinct unit.

2.25. Person -- An individual and every form of organization, whether incorporated or unincorporated, including any partnership, corporation, trust, association, or political subdivision of the state.

2.26. Principal Stockholder -- Any person who beneficially owns, holds, or has the power to vote 10 percent or more of any class of securities issued by a corporation.

2.27. Restraint -- Any device that limits movement by the patient and cannot be removed easily by the patient, or any chemical or drug used to limit movement by a patient, or to limit the mental capacity of a patient beyond the requirements of therapeutic treatment.

2.28. Rural Health Network -- For the purpose of this rule, a rural health network is an organization that contains at least one hospital that the state has designated as a critical access hospital and at least one hospital that furnishes acute care services. The members of the organization must enter into agreements regarding:

2.28.1. Patient referral and transfer;

2.28.2. The development and use of a communications system that may include telemetry and the electronic sharing of patient data; and

2.28.3. The provision of emergency and non-emergency transportation of patients among the members.

2.29. Seclusion -- The involuntary confinement of a person in a room or an area where the person is physically prevented from leaving.

2.30. Secretary -- The Secretary of the Department of Health, or his or her designee.

2.31. Specialty Care/Critical Care Unit -- Specialized areas of the hospital which contain a grouping of single bed rooms or enclosures for critically and seriously ill patients requiring highly skilled nursing care, with frequent if not constant, nursing observation and interventions.

2.32. Swing Bed -- A bed that is approved for dual use and reimbursement under the federal Medicare program for both acute and extended care.

2.33. The Act -- The Social Security Act Titles XVIII and XIX.

2.34. Unit Dose -- The ordered amount of a drug dispensed by a pharmacist in a dosage form ready for administration to a particular person by the prescribed route at the prescribed time.

2.35. Violation -- Failure to comply with W. Va. Code §16-5B-1, et seq. or any provisions of this rule. A violation constitutes a misdemeanor as set forth in W. Va. Code §16-5B-11.

W. Va. Code R. § 64-12-2