W. Va. Code R. § 69-10-2

Current through Register Vol. XLII, No. 1, January 3, 2025

Section 69-10-2 - 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 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 as described in W. Va. Code § 49-2-114; 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 secretary in legislative rule.

2.4. 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.

2.5. Disqualifying Offense -- means a conviction or substantiated finding for any of the crimes that exclude an applicant from direct access personnel positions in the Department or covered provider, 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:

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

2.5.2. Patient abuse or neglect;

2.5.3. Health care fraud;

2.5.4. Felony drug crimes;

2.5.5. Crimes against care-dependent or vulnerable individuals;

2.5.6. Felony crimes against the person;

2.5.7. Felony crimes against property;

2.5.8. Sexual offenses;

2.5.9. Felony crimes against chastity, morality and decency;

2.5.10. Felony crimes against public justice;

2.5.11. Felony traffic offenses; and

2.5.12. Felony crimes against the peace.

2.6. Fitness Determination -- means a finding by the Secretary after review of an applicant's criminal history record information that the applicant is either eligible for employment or not.

W. Va. Code R. § 69-10-2