Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-99-5 - General Organization and Management5.1. The corporation shall have a valid West Virginia charter to conduct business as a nonprofit corporation.5.2. A major purpose of the corporation shall be to aid and assist and to promote the rights and well-being of protected persons. The corporation may have purposes other than the provision of conservatorship services as specified in this rule: Provided, that the purposes shall not conflict with the corporation's responsibilities as conservator, limited conservator or temporary conservator.5.3. Except as provided in this rule, a corporation licensed under this rule, and any officer, agent, director, servant or any employee of the corporation shall not do business with or in any way profit, either directly or indirectly, from the estate or income of any protected person for whom the corporation serves as conservator, limited conservator, or temporary conservator.5.4. Each director, officer, agent and employee of the corporation shall file with the Secretary an annual written statement under oath regarding conflict of interest under this rule in a format specified by the Secretary.5.5. A corporation licensed under this rule shall not provide educational, vocational, residential or medical services to its protected persons or to other protected persons.5.6. The corporation shall have a duly constituted board of directors and officers as prescribed by law.5.7. The corporation shall have bylaws in accordance with the state laws and this rule which shall provide for at least the following: 5.7.a. Specification of the powers and duties of the board of directors, the officers and the committees;5.7.b. The number and length of term of the members of the board of directors and of the officers;5.7.c. The qualifications and the method of selection of the members of the board of directors;5.7.d. The frequency of board and of corporation meetings;5.7.e. The classes of members and their voting privileges;5.7.f. An annual audit by an accredited auditor; and5.7.g. An annual report of all activities of the corporation.5.8. The corporation shall have written policies and procedures consistent with this rule which shall include at a minimum:5.8.a. The distribution of the assets of protected persons in the event the corporation ceases to be licensed by the Secretary or otherwise becomes unavailable to act as conservator;5.8.b. The nomination of and the application to the circuit court for the appointment of a temporary conservator in the event the corporation ceases to be licensed by the Secretary or otherwise becomes unable to act as conservator; and5.8.c. Other policies and procedures required by this rule.5.9. The corporation shall have an executive director who: 5.9.a. Is responsible for the operation and the administration of the corporation on a day-to-day basis;5.9.b. Is supervised and evaluated by the board of directors of the corporation; and5.9.c. Is responsible for the supervision and evaluation of staff.5.10. The corporation shall not discriminate in any matter of employment on the basis of race, color, national origin, ancestry, religion, physical handicap or sex and shall abide by all provisions of applicable local, state and federal law and rules and regulations regarding employment.5.11. The corporation shall not discriminate among protected persons or refuse to accept as protected persons any individual on grounds of race, color, religion, national origin, sex or financial resources: Provided, the protected persons resources meet the requirements of W. Va. Code § 44A-1-8.5.12. The corporation shall maintain the confidentiality of all protected persons-identifiable records in its custody or accessible to the corporation in the performance of its duties as conservator, limited conservator or temporary conservator and shall comply with all state and federal laws regarding the confidentiality of financial records, health records or other records.5.13. The corporation shall maintain separate financial records for each protected person for whom it serves as conservator and shall comply with all state and federal law regarding administration of the estate of the protected person.5.14. The corporation shall develop and implement necessary and appropriate employee procedures and sanctions and office procedures to protect the confidentiality of the records of protected persons and to effectuate the release of the records to proper interested parties.5.15. Where state law or this rule requires the provision of services by the corporation in the financial affairs of a protected person, the corporation may, unless specified otherwise by this rule, contract for or accept as a donation the services to be provided: Provided, that the contractor and the donor agree to comply with the provisions of this rule and relevant state and federal law and rules and regulations and agree to undergo survey and inspection procedures regarding compliance with this rule. When services are to be donated or provided on a volunteer basis there shall be a written specification of the extent and the nature of services to be provided and activities to be performed by the donor or volunteer. In the event that such services are performed by entities other than the corporation, the corporation shall be held responsible for the adequacy and effectiveness of those services.5.16. The corporation shall have on file all orders, authorizations and directions of the circuit court regarding the protected person.5.17. The corporation shall not exceed the authority of any of the orders, authorizations or directions of the circuit court.5.18. The corporation shall carry liability and other insurance to protect the corporation from foreseeable liabilities arising from the performance of its conservatorship duties and responsibilities. The insurance shall be adequate in amount and coverage to protect all of the estates managed by the corporation against accidental loss. The corporation shall also procure vehicular and property insurance on property owned by the protected person as appropriate.5.19. The corporation shall retain legal counsel to assist in making arrangement for and in performing its conservatorship duties and responsibilities.5.20. The license shall be displayed in a conspicuous and public place in plain view of all protected persons, clients, and visitors to the office of the corporation and a copy of the license shall be displayed in like manner in every office and location of the corporation.