(a) Legal counsel and services for the department in all administrative hearings may be provided by the Attorney General or a staff attorney and all proceedings in any circuit court and the Supreme Court of Appeals shall be provided by the Attorney General, or his or her assistants, or an attorney employed by the department in proceedings in any circuit court, by the prosecuting attorney of the county as well, all without additional compensation.
(b) The Governor may appoint counsel for the department, who shall perform such legal services in representing the interests of residents in nursing homes in matters under the jurisdiction of the secretary as the Governor shall direct. It shall be the duty of such counsel to appear for the residents in all cases where they are not represented by counsel. The compensation of such counsel shall be fixed by the Governor.
Structure West Virginia Code
§16-5C-3. Powers, Duties, and Rights of Secretary
§16-5C-4. Administrative and Inspection Staff
§16-5C-5. Rules; Minimum Standards for Nursing Homes
§16-5C-6. License Required; Application; Fees; Duration; Renewal
§16-5C-7. Cost Disclosure; Surety for Resident Funds
§16-5C-8. Investigation of Complaints
§16-5C-12. License Denial, Limitation, Suspension, or Revocation
§16-5C-12a. Independent Informal Dispute Resolution
§16-5C-14. Legal Counsel and Services of the Department
§16-5C-15. Unlawful Acts; Penalties; Injunctions; Private Right of Action
§16-5C-18. Separate Accounts for Residents" Personal Funds; Consent for Use; Records; Penalties
§16-5C-19. Federal Law; Legislative Rules
§16-5C-20. Hospice Palliative Care Required to Be Offered