Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-50-3 - State Administrative Procedures3.1. General registration provisions. 3.1.a. A person administering an unlicensed home shall register with the director as a service provider.3.1.b. A registration is valid only for the individual submitting the application for registration and for the structure named in the application. The registration is not transferable or assignable.3.1.c. The words, "clinic", "hospital", "nursing home", "personal care home", "residential board and care home", or any other words which suggest a type of facility other than an unlicensed home, shall not be used in the name of the home or in any of the home's advertising. The provider shall notify the director of any change in the name of the home.3.1.d. A service provider shall operate no more than one legally unlicensed home and shall notify the director if the location of his or her administration of services is changed.3.1.e. A service provider shall: 3.1.e.1. Provide residents at the time of admission with the name, address and telephone number of the offices of health facility licensure and certification, the state long-term care ombudsman, and adult protective services; and3.1.e.2. Advise residents both orally and in writing of their right to file a complaint with those offices.3.1.f. Applicants for initial registration as a service provider shall complete and sign a form provided by the director and submit the form to the office of health facility licensure and certification of the West Virginia department of health and human resources.3.2. Complaint investigations. 3.2.a. Any person may register a complaint with the director alleging a violation or violations of this rule by a service provider. The complainant shall state the substance of the complaint and identify the home or building by name or address and the name, if known, of the service provider.3.2.b. The director may conduct investigations as necessary, to determine the validity of the complaint and shall notify the service provider of the substance of the complaint at the time of the completion of any investigation.3.2.c. The director shall issue to the service provider directed plans of correction for the deficiencies identified by any investigation or inspection, which specify time frame for correction and any disciplinary action to be taken by the director.3.2.d. The director shall keep confidential the names of complainants and residents named in complaints unless written permission is granted by the complainant to disclose his or her name and unless written permission is granted by the resident or his or her legal representative to disclose the resident's name. If a complaint becomes the subject of a judicial proceeding, nothing in this rule shall be construed to prohibit the disclosure of information which would otherwise be disclosed in judicial proceedings.3.2.e. If a resident of a legally unlicensed home administered by a service provider files a complaint with the director, or if a complaint is filed on his or her behalf, his or her receipt of any type of discriminatory treatment within one hundred twenty (120) days of the filing, raises a rebuttable presumption that the treatment was taken by or under the administration of the service provider in retaliation for such complaint.3.2.f. If, after an investigation, the director determines that the complaint has merit, he or she shall advise any injured party of the possibility of a civil remedy. In addition, residents, residents' families or legal representatives or ombudsmen may also pursue independently in court remedies for violations of this rule.3.2.g. If a service provider who is found to have violated one (1) or more requirements of this rule during a complaint investigation fails to correct the violations within one hundred twenty (120) days of the completion of the investigation, the director shall report to the Social Security Administration the service provider's lack of compliance with this rule and the address of the home administered by the service provider. The director shall also provide all residents with a list of licensed health care facilities and state agencies to assist them with moving.3.2.h. The director may order the closure of a home for failure to correct deficiencies in accordance with the directed plan of corrections.