Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-50-2 - Definitions2.1. Abuse. -- Mistreatment of residents, including physical bodily harm, misuse of physical or chemical restraints, verbal abuse, and infliction of emotional suffering.2.2. Director. -- The secretary of the department of health and human resources or his or her designee.2.3. Extensive Nursing Care. -- The nursing care required when there is a major deviation from normal in a body system or multiple body systems of such magnitude that the deviations are life threatening, and the individual's condition is unstable and unpredictable.2.4. Immediate and Serious Threat. -- A situation that presents a high probability of serious harm or injury to one or more residents. An immediate or serious threat need not result in actual harm to any resident.2.5. Legal Representative[1]. -- 2.5.a. A conservator, temporary conservator or limited conservator appointed pursuant to the West Virginia guardianship and conservatorship act, W. Va. Code, '44A-1-1 et seq., within the limits set by the order; 2.5.b. A guardian, temporary guardian or limited guardian appointed pursuant to the West Virginia guardianship and conservatorship act, W. Va. Code, '44A-1-1 et seq., within the limits set by the order;2.5.c. An individual appointed as committee or guardian prior to June 9, 1994, within the limits set by the appointing order and W. Va. Code '44A-1-2(d);2.5.d. An individual having a medical power of attorney pursuant to the West Virginia medical power of attorney act, W. Va. Code '16-30A-1 et seq., within the limits set by the law and the appointment;2.5.e. An individual named as representative payee under the United States social security act, title 42 U.S.C. '301 et seq., within the limits of the payee's legal authority;2.5.f. A surrogate decision-maker appointed pursuant to the West Virginia health care surrogate act, W. Va. Code '16-30B-1 et seq., or the West Virginia do not resuscitate act, '16-30C-1 et seq., within the limits set by the appointment;2.5.g. An attorney in fact appointed with power of attorney under common law or pursuant to uniform durable power of attorney, W. Va. Code '39-4-1et seq., within the limits set by the appointment; or2.5.h. An individual lawfully appointed in a similar or like relationship of responsibility for a resident under the laws of this state, or another state or legal jurisdiction, within the limits of the applicable statute and appointing authority; and2.5.i. Who has no financial ties to the legally unlicensed health care home.2.6. Legally unlicensed health care home, unlicensed home, or home. -- Any place in this state in which a service provider provides accommodations and personal assistance, whether for compensation or not, for a period of more than twenty-four (24) hours, to one (1) to three (3) residents who are not related to the service provider or his or her spouse by blood or marriage within the degree of consanguinity of second cousin. These residents may be dependent upon the services of others by reason of physical or mental impairment or may require limited and intermittent nursing care, including those individuals who qualify for and are receiving services coordinated by a licensed hospice.2.7. Licensed health care professional. -- Any health care professional currently licensed in West Virginia such as, but not limited to a: social worker, dentist, practical nurse, occupational therapist, physician, physician assistant, psychologist, registered professional nurse, or speech-language pathologist.2.8. Limited and Intermittent Nursing Care. -- Direct hands on nursing care of an individual who needs no more than two (2) hours of nursing care per day for a period of no longer than ninety (90) consecutive days per episode. Limited and intermittent nursing care shall be provided under the supervision of a registered professional nurse and in accordance with this rule, and may only be provided when the need for such care meets the following factors:2.8.a. The resident requests to remain in the home;2.8.b. The resident is advised of the availability of other specialized health care facilities to treat his or her condition; and2.8.c. The need for such care is the result of a medical pathology or a result of normal aging process.2.9. Neglect. -- Failure to provide for the necessities of daily living or the lack or care for significant medical problems.2.10. Nursing Care. -- Those procedures commonly employed in providing for the physical, emotional and rehabilitation needs of the ill or otherwise incapacitated which require technical skills and knowledge beyond that which the untrained person possesses, including, but not limited to, such procedures as; irrigations; catheterization; special procedures contributing to rehabilitation; and administration of medication by any method prescribed by a physician which involves a level of complexity and skill in administration not possessed by the untrained person.2.11. Ongoing Nursing Care. -- The nursing care required when a deviation in health is expected to continue over a lengthy period or time (i.e., in excess of ninety (90) days) with minimal or no improvement.2.12. Personal Assistance. -- Personal services, including, but not limited to, the following: help in walking, bathing, dressing, feeding, getting in and out of bed, or supervision required because of the age or physical or mental impairment of the resident.2.13. Physical Restraint. -- A device which physically limits, restricts, or deprives an individual of movement or mobility.2.14. Resident. -- An individual who is provided services, whether or not for a fee, by a service provider, but resident does not include a person receiving services provided by another who is related to him or her or the spouse thereof by blood or marriage, within the degree of consanguinity of the second cousin.2.15. Self-preservation. -- The capability of, at least, removing one's physical self from situations involving imminent danger, such as fire.2.16. Service Provider or provider. -- The individual administratively responsible for operating a legally unlicensed home. [1] Service providers should note that the various types of legal representatives do not necessarily have the lawful authority to act on behalf of the resident in all matters that may require action by a legal representative. For example, a conservator may have responsibility for financial affairs, but not personal affairs, such as medical expenses.