West Virginia Code
Article 5C. Nursing Homes
§16-5C-20. Hospice Palliative Care Required to Be Offered

(a) When the health status of a nursing home facility resident declines to the state of terminal illness or when the resident receives a physicians order for "comfort measures only", the facility shall notify the resident with information about the option of receiving hospice palliative care. If a nursing home resident is incapacitated, the facility shall also notify any person who has been given the authority of guardian, a medical power of attorney, or health care surrogate over the resident, information stating that the resident has the option of receiving hospice palliative care.
(b) The facility shall document that it has notified the resident, and any person who has been given a medical power of attorney or health care surrogate over the resident, information about the option of hospice palliative care and maintain the documentation so that the secretary may inspect the documentation, to verify the facility has complied with this section.

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