W. Va. Code R. § 64-123-2

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 64-123-2 - Definitions

2.1. Definitions incorporated by reference. -- Those terms defined in W. Va. Code § 16-49-1, et seq., are incorporated herein by reference.

2.2. Conviction -- means a finding of guilt by a court, a plea of guilty, or nolo contendere was accepted, or when the individual entered a first offender, deferred adjudication, or arrangement or program where the judgment of conviction is withheld, regardless of whether an appeal is pending.

2.3. Covered Contractor -- means any contractor whose employees are working at facilities or providers that are required to participate in the West Virginia Clearance for Access: Registry and Employment Screening program and meet the definition of a covered provider as defined within this section.

2.4. Covered Provider -- means the following facilities or providers that are required to participate in the WV CARES program: skilled nursing facilities; nursing facilities; home health agencies; providers of hospice care; long-term care hospitals; providers of personal care services; providers of adult day care; residential care providers that arrange for or directly provide long-term care services including assisted living facilities; intermediate care facilities for individuals with intellectual disabilities; persons responsible for the care of children; chronic pain management clinics; behavioral health centers; neonatal abstinence syndrome centers; opioid treatment centers; and any other facility or provider required to participate in the WV CARES program as determined by the Office of the Inspector General, Secretary of the West Virginia Department of Health, Secretary of the West Virginia Department of Human Services, or Secretary of the Department of Health Facilities in legislative rule.

2.5. Direct On-site Supervision -- means uninterrupted observation of a provisional employee by another employee who has cleared all the required background checks. Provisional employees cannot have direct access without being supervised or observed as required by the provisions of this rule.

2.6. Director -- means the Director of the West Virginia Clearance for Access: Registry and Employment Screening program or his or her designee located within the Office of the Inspector General.

2.7. Disqualifying Offense -- means a conviction or substantiated finding for any of the crimes that exclude an applicant from direct access personnel positions in the bureau, covered provider, or covered contractor including the conviction of attempt, solicitation, conspiracy, aiding, or abetting the underlying crime. Disqualifying convictions include those crimes enumerated in federal or any state's code and recognized by the West Virginia State Police, and that generally fall within the following categories:

2.7.1. State or federal health and social services program-related crimes;

2.7.2. Patient abuse or neglect;

2.7.3. Health care fraud;

2.7.4. Felony drug crimes;

2.7.5. Crimes against care-dependent or vulnerable individuals;

2.7.6. Felony crimes against the person;

2.7.7. Felony crimes against property;

2.7.8. Sexual offenses;

2.7.9. Felony crimes against chastity, morality and decency;

2.7.10. Felony crimes against public justice;

2.7.11. Felony traffic offenses;

2.7.12. Felony crimes against the peace;

2.7.13. Human trafficking; and

2.7.14. Felony money laundering.

2.8. Disqualifying Offense for Persons Responsible for the Care of Children -- means, in addition to those offenses listed in subsection 2.5. of this rule, a conviction or substantiated finding for any of the following crimes, including the conviction of attempt, solicitation, conspiracy, aiding, or abetting the underlying crime, that exclude the applicant from being responsible for the care of children or engagement with the bureau, covered provider, or covered contractor:

2.8.1. Misdemeanor drug crimes;

2.8.2. Misdemeanor crimes against the person;

2.8.3. Misdemeanor crimes against chastity, morality, and decency; and

2.8.4. Serious traffic offenses.

2.9. Fitness Determination -- means a finding by the Director after review of an applicant's criminal history record information that the applicant is either eligible or ineligible for employment or engagement.

2.10. Office of the Inspector General. -- means the Office of the Inspector General as described in W. Va. Code § 16-1-22.

2.11. Persons Response for the Care of Children. -- means those persons referred to in W. Va. Code § 49-2-114(b).

2.12. Prescreening. -- means a mandatory search of internet-based registries and databases for exclusions and licensure status prior to the submission of fingerprints for a criminal history record information check. Registries and databases included in prescreening include, but are not limited to the Office of the Inspector General List of Excluded Individuals and Entities, West Virginia Medicaid Exclusions List, National Nurse Aide Registry, West Virginia Nurse Aide Registry, GSA System for Award Management, National Sex Offender public website, and West Virginia Sex Offender Registry. Other national and state registries may be required to be checked where indicated.

W. Va. Code R. § 64-123-2