W. Va. Code R. § 69-12-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 69-12-4 - State Oversight Authority; Powers and Duties

4.1. The Secretary has designated the Office of Health Facility Licensure and Certification (OHFLAC) within the Department of Health and Human Resources to act as the state oversight agency, as that agency is defined in this rule. OHFLAC shall provide regulatory oversight, regulation, and inspection of OBMAT programs.

4.2. The powers and duties of the state oversight agency include, but are not limited to, the following:

4.2.1. Develop and implement rules regarding the registration and oversight of OBMAT programs;

4.2.2. Accept applications and fees for registration of OBMAT programs and conduct all necessary reviews, inspections, or investigations in order to determine whether a registration should be issued;

4.2.3. Issue initial, amended, and renewed registration to an OBMAT program upon a determination that the program is qualified;

4.2.4. Perform both scheduled and unscheduled site visits to OBMAT programs when necessary and appropriate;

4.2.5. Monitor the activities of all OBMAT programs to ensure compliance with all state and federal requirements;

4.2.6. Receive and act upon complaints;

4.2.7. Inspect allegations of rule violations, unauthorized activities, or other conduct that may affect the health, safety, or well-being of patients or employees of an OBMAT program;

4.2.8. Assist an OBMAT program in developing a plan of correction in order to correct any noted violations or deficiencies;

4.2.9. Deny, revoke, or suspend the registration of an OBMAT program in accordance with the applicable administrative proceedings; and

4.2.10. Perform all other necessary actions related to the registration, monitoring, investigating, and oversight of OBMAT programs.

W. Va. Code R. § 69-12-4