Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-73-7 - Performance-based evaluation, site visits, and plans of correction7.1. The Center for Local Public Health shall:7.1.1. Develop and facilitate bi-directional relationship with Local Health Departments. This bi directional relationship shall include the West Virginia Public Health Advisory Committee that will meet at least six times per year and shall be tasked to provide the following: 7.1.1.a. Establish, review, and revise the instrument used to evaluate the provision of basic public health services annually and in accordance with the provisions of this rule;7.1.1.b. Develop, maintain, and update a tool for conducting an annual assessment and an annual inventory of local public health services.7.1.1.c. Maintain at least quarterly training curriculum for local boards of health and local health department staff.7.2. The board shall perform an annual self-assessment, on a form or system provided by the Commissioner, of all basic public health services to ensure compliance with applicable statutes and rules.7.3. The board shall design and implement a plan to address areas where compliance with the standards outlined in this Rule are not met.7.4. A performance-based evaluation team will be appointed by the Commissioner and will consist of a representative of each of the Office of Epidemiology and Prevention Services, the Office of Environmental Health Services, the Office of Administration/Finance, and the Center for Threat Preparedness.7.4.1. The team shall perform an on-site review, at a minimum of every four years or upon complaint or for good cause, of all local health department basic public health service programs and records for conformance with this rule.7.4.2. The team shall provide a draft report of the findings to the Commissioner and the local board of health within 15 business days of completion of the on-site review.7.4.3. Within 15 business days of receipt of the report, the local board of health shall submit a written plan of correction to the Commissioner and the appointing authority for the local board of health addressing all deficiencies that are violations of this Rule. The plan of correction shall specify:7.4.3.a. Any action taken or procedures proposed to correct the deficiencies and prevent their recurrence;7.4.3.b. The date of completion of each action taken or to be taken; and7.4.3.c. The signature of the local health officer, or his or her designee, or other executive officer of the local board of health.7.4.4. The local board of health shall immediately correct all violations that result in immediate jeopardy to the health or safety of any individual.7.4.5. The proposed plan of correction shall be approved, modified, or rejected by the Commissioner within 15 business days. The Commissioner shall state the reason for modification or rejection of a proposed plan of correction.7.4.6. The local board of health shall submit a revised plan of correction to the Commissioner and the appointing authority for the local board of health within 15 business days of receipt of a rejection by the Commissioner. The revised plan of correction shall be approved, modified, or rejected by the Commissioner within 15 business days.7.4.7. Informal Dispute Resolution.7.4.7.a. Documentation for an informal dispute resolution shall be submitted with, but separate from, the plan of correction for existing deficiencies.7.4.7.b. The request for an informal dispute resolution shall be submitted at the time the plan of correction is submitted for existing deficiencies.7.4.7.c. The Commissioner shall write a policy and procedures addressing the manner in which an informal dispute resolution shall be conducted.7.4.7.d. All communications during an informal dispute resolution are, and shall remain, confidential.