West Virginia Code
Chapter 9. Human Services

§9-2-2. Commissioner to Be Administrative Head of Department; Appointment, Qualifications, etc.; Not to Hold Other Office or Engage in Political Activity - The chief executive officer and administrative head of the department...

§9-2-3. Acceptance of Federal-State Assistance and Federal Assistance - The state assents to the purposes of federal-state assistance and...

§9-2-3a. Authorized Exemption From Federal Law; Exceptions - Pursuant to the authority and option granted by 21 U.S.C....

§9-2-4. Organization of Department of Welfare - Within limits of state appropriations and federal grants and subject...

§9-2-5. Responsibility and Powers of Department; Information and Data to Be Supplied by Other Agencies - The department is charged with the responsibility of administering for...

§9-2-6. Powers of Secretary - (a) Within limits of state appropriations and federal grants and...

§9-2-6a. Commissioner to Develop Caseload Standards; Committee; Definitions - The commissioner shall develop caseload standards based on the actual...

§9-2-7. State's Participation in Federal Work Incentive Program - The state of West Virginia hereby acknowledges that the Congress...

§9-2-8. Information and Referral Services - (a) Each local human services office shall compile, maintain and...

§9-2-9. Secretary to Develop Medicaid Monitoring and Case Management - (a) The Secretary of the Department of Health and Human...

§9-2-9a. Agreements Between the Secretary and Three Higher Education Institutions - Any contract, agreement or memorandum of understanding between the secretary...

§9-2-9c. Behavioral Mental Health Services Fund Created - There is created in the State Treasury a special revenue...

§9-2-10. Collection of Copayments by Health Care Providers; Penalties - (a) The secretary is directed to institute a program by...

§9-2-11. Limitation on Use of Funds - No funds from the Medicaid program accounts may be used...

§9-2-12. Coverage for Patient Cost of Clinical Trials - (a) The provisions of this section and section twelve-a of...

§9-2-12a. Definitions - For purposes of section twelve of this article: (a) A...

§9-2-13. Judicial Review of Decisions of Contested Cases - (a) For purposes of this section: (1) “Agency” means the...

Article 3. Application for and Granting of Assistance

§9-3-1. Application for and Granting of Federal-State or Federal Assistance - Any person domiciled in this state, who shall make, or...

§9-3-2. Application for and Granting of State Assistance - Any indigent person domiciled in this state, who shall make,...

§9-3-3. Making Application, Investigation and Grant - All persons wishing to make application for any class of...

§9-3-4. Assignment of Support Obligations - Any recipient of financial assistance under the program of state...

§9-3-5. Services to Persons Not Otherwise Eligible - The department of welfare may make available the services established...

§9-3-6. Program for Drug Screening of Applicants for Cash Assistance - (a) As used in this section: (1) "Applicant" means a...

Article 4. State Advisory Board; Medical Services Fund; Advisory Council; General Relief Fund

§9-4-2. Medical Services Fund - The special fund known as the State of West Virginia...

§9-4-3. Advisory Council - (a) The advisory council, created by chapter one hundred forty-three,...

§9-4-4. State General Relief Fund - The special fund known as the "General Relief Fund of...

Article 4A. Medicaid Uncompensated Care Fund

§9-4A-1. Legislative Findings - The Legislature finds and declares the following: (a) Federal Medicaid...

§9-4A-2. Creation of Medicaid Uncompensated Care Fund - (a) There is hereby created in the state Treasury a...

§9-4A-2a. Medical Services Trust Fund - (a) The Legislature finds and declares that certain dedicated revenues...

§9-4A-2b. Expansion of Coverage to Children and Terminally Ill - (a) It is the intent of the Legislature that steps...

§9-4A-4. Legislative Reports - (a) The secretary of the Department of Health and Human...

Article 4B. Physician/medical Practitioner Provider Medicaid Act

§9-4B-1. Definitions - The following words, when used in this article, have meanings...

§9-4B-2. Physician/medical Practitioner Provider Medicaid Enhancement Board; Continuation and Composition - There is hereby continued the West Virginia physician/medical practitioner provider...

§9-4B-3. Expenses for Citizen Members - Each appointed board member shall serve without compensation but shall...

§9-4B-4. Powers and Duties - (a) The board shall: (1) Develop and recommend a reasonable...

§9-4B-7. Effective Date - The physician provider fee schedule, as adopted by the single...

Article 4C. Health Care Provider Medicaid Enhancement Act

§9-4C-1. Definitions - The following words when used in this article have the...

§9-4C-2. General Medicaid Enhancement Board - (a) The general Medicaid enhancement board created by this section...

§9-4C-3. Dentist Provider Medicaid Enhancement Board - There is hereby continued the dentist provider Medicaid enhancement board...

§9-4C-4. Ambulance Service Provider Medicaid Enhancement Board - There is hereby continued the ambulance service provider Medicaid enhancement...

§9-4C-5. Facility Providers' Medicaid Enhancement Board - (a) The outpatient hospital Medicaid enhancement board created by this...

§9-4C-6. Expenses for Citizen Members - Each appointed board member for each board created pursuant to...

§9-4C-7. Powers and Duties - (a) Each board created pursuant to this article shall: (1)...

§9-4C-8. Duties of Secretary of Department of Health and Human Resources - (a) The secretary, or his or her designee, shall serve...

§9-4C-11. Effective Date - The provider fee schedules as adopted by the single state...

Article 4D. Medicaid Buy-in Program

§9-4D-1. Legislative Findings - (a) The Legislature finds that there are many individuals in...

§9-4D-2. Definitions - As used in this article: (1) "Approved accounts" means any...

§9-4D-3. Medicaid Buy-in Program; Funding - (a) The Medicaid buy-in program for working individuals with disabilities...

§9-4D-4. Eligibility Guidelines - (a) To be eligible to participate in the buy-in program...

§9-4D-5. Exceptions to Qualifying Factors - (a) An individual who is enrolled in the buy-in program...

§9-4D-6. Fees, Premiums and Periodic Reviews - (a) The department shall charge a $50 enrollment fee to...

§9-4D-7. Benefits of the Medicaid Buy-in Program - (a) Except as otherwise provided in this article, an eligible...

§9-4D-8. Analytical Criteria and Reporting Requirements - (a) The secretary shall establish criteria to determine the effectiveness...

§9-4D-9. Advisory Council; Rules - (a) The secretary of the Department of Health and Human...

Article 4E. Long-Term Care Partnership Program

§9-4E-1. Purpose - (a) The purpose of this program shall be to reduce...

§9-4E-2. Definitions - (a) "Asset disregard" means, with regard to the state's medical...

§9-4E-3. Authority - (a) The program shall be administered by the Bureau for...

Article 5. Miscellaneous Provisions

§9-5-1. Exemption of Grants From Certain Taxes and Claims - Grants of all classes of welfare assistance received under the...

§9-5-2. Release of Liens and Reassignment of Insurance Policies - All liens and claims upon real and personal property and...

§9-5-3. Recipient of Assistance Not a Pauper - A recipient of any class of welfare assistance shall not...

§9-5-4. Penalties for False Statements, etc. - Any person who obtains or attempts to obtain, or aids...

§9-5-5. Recipients of Cash Grants - Within such limitations as may be imposed by applicable federal...

§9-5-6. Attorney General and Prosecuting Attorneys to Render Legal Services to Commissioner - The Attorney General of the state and his assistants, and...

§9-5-7. Visitation by County Employees - Health officers, physicians, and nurses employed by the county shall,...

§9-5-8. Authority to Examine Witnesses, Administer Oaths and Take Affidavits - The commissioner and employees of the department of welfare shall...

§9-5-8a. Authority to Subpoena Witnesses and Documents When Investigating the Provision of Medical Assistance Programs - The commissioner and every duly appointed hearing examiner shall have...

§9-5-8b. Authority of Investigations and Fraud Management Division to Subpoena Witnesses and Documents - (a) When the Investigations and Fraud Management Division of the...

§9-5-9. Direct Cremation or Direct Burial Expenses for Indigent Persons - (a) For the purposes of this section: “Direct burial” means...

§9-5-10. Continuation of Present Aid; Contributions by Counties - Except as otherwise provided in this chapter, aid or assistance...

§9-5-11. Definitions; Assignment of Rights; Right of Subrogation by the Department for Third-Party Liability; Notice Requirement for Claims and Civil Actions; Notice Requirement for Settlement of Third-Party Claim; Penalty for Failure to Notify the D... - (a) Definitions. As used in this section, unless the context...

§9-5-11a. Notice of Action or Claim - If either the medical assistance recipient or the Department of...

§9-5-11b. Release of Information - (a) All recipients of medical assistance under the Medicaid program...

§9-5-11c. Right of the Department of Health and Human Resources to Recover Medical Assistance - (a) Upon the death of a person who was fifty-five...

§9-5-12. Medicaid Program; Maternity and Infant Care - (a) The department shall: (1) Extend Medicaid coverage to pregnant...

§9-5-12a. Medicaid Program; Dental Care - (a) The following terms are defined: (1) "Cosmetic services" means...

§9-5-13. Pilot Program for Certain Aid Recipients Seeking Self-Employment - (a) The Legislature finds and declares that a pilot program...

§9-5-14. Medicaid Program; Health Care Facilities Financed by Bonds; Rules Regarding Reimbursement of Capital Costs - (a) The Legislature finds and declares that a number of...

§9-5-15. Medicaid Program; Preferred Drug List and Drug Utilization Review - The Legislature finds that it is a public necessity that...

§9-5-16. Medicaid Program; Legislative Purpose; Health Care Provider Reimbursement Study by Department; Hearings; Report - (a) It is the purpose of the Legislature in enacting...

§9-5-16a. Medicaid-Certified Nursing Homes; Screening of Applicants and Residents for Mental Illness; Reimbursement of Hospitals - (a) The department of human services and department of health...

§9-5-17. Nonprofit Agency or Facility, in Receipt of Medicaid Moneys, Shall Provide Annual Accounting of Gross Receipts and Disbursements Including Salaries - Any nonprofit health care agency or facility which receives Medicaid...

§9-5-19. Summary Review for Certain Behavioral Health Facilities and Services - (a) A certificate of need as provided in article two-d,...

§9-5-20. Medicaid Program; Chronic Kidney Disease; Evaluation and Classification - (a) Any enrollee in Medicaid who is eligible for services...

§9-5-21. Annual Report to Joint Committee on Government and Finance Regarding Treatment for Autism Spectrum Disorders Provided by the Bureau for Medical Services - (a) On or before January 1 each year, the agency...

§9-5-22. Medicaid Managed Care Reporting - (a) Beginning January 1, 2016, and annually thereafter, the Bureau...

§9-5-23. Bureau of Medical Services Information - (a) The Bureau of Medical Services shall publish all informational...

§9-5-24. Requiring Substance Abuse Treatment Providers to Give Pregnant Woman Priority Access to Services - Substance abuse treatment or recovery service providers that accept Medicaid...

§9-5-25. Medicaid Program Compact - (a) The Secretary of the Department of Health and Human...

§9-5-26. Supplemental Medicare and Medicaid Reimbursement - (a) A ground emergency medical transportation services provider, owned, operated...

§9-5-27. Transitioning Foster Care Into Managed Care - (a) "Eligible services" means acute care, including medical, pharmacy, dental,...

§9-5-28. Requirement for Telehealth Rates - The Medicaid plan, which issues, renews, amends, or adjusts a...

§9-5-29. Payments to Substance Use Disorder Residential Treatment Facilities Based Upon Performance-Based Outcomes - (a) For purposes of this section: (1) "Department" means the...

§9-5-30. Certified Community Behavioral Health Clinics - (a) The Bureau for Medical Services shall develop, seek approval...

Article 6. Social Services for Adults

§9-6-1. Definitions - As used in this article: (1) "Adult protective services agency"...

§9-6-2. Adult Protective Services; Immunity From Civil Liability; Rules; Organization and Duties - (a) There is continued within the Department of Health and...

§9-6-3. Cooperation Among Agencies; Termination and Reduction of Assistance by Commissioner - The secretary shall direct the coordination of the investigation of...

§9-6-4. Action to Abate Abuse, Neglect, Emergency, or Financial Exploitation - The department or any reputable person may bring and maintain...

§9-6-5. Emergency Immediate Remedial Treatment; Procedure - Whenever a circuit court shall find in an action to...

§9-6-6. Payment and Termination of Payment for Services to a Vulnerable Adult - If any vulnerable adult requires and is granted remedial treatment...

§9-6-7. Comprehensive System of Adult Protective Services; Compulsory Assistance Prohibited - The department shall develop a plan for a comprehensive system...

§9-6-8. Confidentiality of Records - (a) Except as otherwise provided in this section, all records...

§9-6-9. Mandatory Reporting of Incidences of Abuse, Neglect, Financial Exploitation, or Emergency Situation - (a) If any medical, dental, or mental health professional, Christian...

§9-6-9a. Mandatory Reporting Suspected of Animal Cruelty by Adult Protective Service Workers - In the event an adult protective service worker, in response...

§9-6-10. Mandatory Reporting to Medical Examiner or Coroner; Postmortem Investigation - (a) Any person or official who is required under 9-6-9...

§9-6-11. Reporting Procedures - (a) A report of neglect, abuse, or financial exploitation of...

§9-6-12. Reporting Person's Immunity From Liability - (a) Any person who in good faith makes or causes...

§9-6-13. Abrogation of Privileged Communications - The privileged status of communications between husband and wife, and...

§9-6-14. Failure to Report; Penalty - Any person subject to the mandatory reporting provisions of this...

§9-6-16. Compelling Production of Information - (a)(1) In order to obtain information regarding the location of...

Article 7. Fraud and Abuse in the Medicaid Program

§9-7-1. Legislative Purpose and Findings; Powers and Duties of Fraud Control Unit; Transfer to the Office of the Attorney General; Legislative Report - (a) It is the purpose of the Legislature to continue...

§9-7-2. Definitions - For the purposes of this article: “Assistance” means money payments,...

§9-7-3. Investigations; Procedure - (a) When the unit has credible information that indicates a...

§9-7-3a. Agency Lawyers Assisting Prosecutors - Attorneys employed and assigned to the Medicaid Fraud Control Unit...

§9-7-4. Applications for Medical Assistance; False Statements or Representations; Criminal Penalties - (a) A person shall not knowingly make or cause to...

§9-7-5. Bribery; False Claims; Conspiracy; Criminal Penalties; Failure to Maintain Records - (a) A person shall not solicit, offer, pay, or receive...

§9-7-5a. Venue for Criminal Offenses - In addition to other venues permitted by state law, a...

§9-7-6. Civil Remedies; Statute of Limitations - (a) Any person, firm, corporation, or other entity which makes...

§9-7-6a. Liability of Employees of the Department of Health and Human Resources; Office of the Attorney General - There shall be no civil liability on the part of,...

§9-7-7. Licensing of Vehicles for Use by the Medicaid Fraud Control Unit - For purposes of the responsibilities assigned the unit pursuant to...

§9-7-8. Remedies and Penalties Not Exclusive - The remedies and penalties provided in this article governing the...

§9-7-9. Severability - If any provision of this article be found by a...

Article 8. Eligibility and Fraud Requirements for Public Assistance

§9-8-1. Definitions - As used in this article: “Able bodied adult” means a...

§9-8-2. Work Requirements - (a) All able bodied adults may receive Supplemental Nutrition Assistance...

§9-8-3. Income and Identity Verification - (a) By December 31, 2018, the department shall redesign an...

§9-8-4. Eligibility Verification - All applications for benefits must be processed through a system...

§9-8-5. Identity Authentication - (a) Prior to awarding public assistance, applicants for benefits must...

§9-8-6. Case Review - (a) If the information obtained from the review provided in...

§9-8-7. Notice and Right to Be Heard - (a) An applicant shall be given written notice and the...

§9-8-8. Referrals for Fraud, Misrepresentation or Inadequate Documentation - (a) After the case review as set forth in §9-8-6...

§9-8-9. Reporting to the Governor and Legislature - The department shall prepare an annual report by January 15...

§9-8-10. Prohibitions on Use of Electronic Benefit Transfer Cards - (a) To ensure that public assistance program funds are used...

§9-8-11. Tracking Out-of-State Spending - (a) The department shall post on its website and provide...

§9-8-12. Rulemaking - The secretary may promulgate rules for legislative approval in accordance...

Article 9. WV Works Act

§9-9-1. Short Title - This article may be cited as the "WV Works Act".

§9-9-2. Legislative Findings; Purpose - (a) The Legislature hereby finds and declares that: (1) The...

§9-9-3. Definitions - In addition to the rules for the construction of statutes...

§9-9-4. Authorization for Program - (a) The secretary shall conduct the WV works program in...

§9-9-5. WV Works Program Fund - There is continued a special account within the state Treasury...

§9-9-6. Program Participation - (a) Unless otherwise noted in this article, all adult beneficiaries...

§9-9-7. Work Requirements - (a) Unless otherwise exempted by the provisions of section eight...

§9-9-8. Exemptions - The secretary shall establish by rule categories of persons exempt,...

§9-9-9. Personal Responsibility Contract - (a)(1) Every eligible adult beneficiary and work eligible individual shall...

§9-9-10. Participation Limitation; Exceptions - The length of time a participant may receive cash assistance...

§9-9-11. Breach of Contract; Notice; Sanctions - (a) The department may terminate cash assistance benefits to an...

§9-9-12. Diversionary Assistance Allowance in Lieu of Monthly Cash Assistance - (a) In order to encourage at-risk families not to apply...

§9-9-13. Subsidized Employment - (a) To the extent that resources are available, an employer...

§9-9-14. Transitional Assistance - The WV works program may provide transitional assistance in the...

§9-9-15. Interagency Coordination - The Legislature encourages the development of a system of coordinated...

§9-9-16. Intergovernmental Coordination - (a) The commissioner of the Bureau of Employment Programs and...

§9-9-17. Public-Private Partnerships - The secretary may enter into agreements with any private, nonprofit,...

§9-9-18. Relationship With Other Law - If any provision of this article conflicts with any other...

§9-9-19. Legislative Oversight - The Legislative Oversight commission on health and human resources accountability...

§9-9-20. Confidentiality, Fines and Penalties - (a) Except as otherwise provided in this code or rules,...

§9-9-21. West Virginia Works Separate State College Program; Eligibility; Special Revenue Account - (a) There is established the West Virginia Works Separate State...

§9-9-22. West Virginia Works Separate State Two-Parent Families Program - (a) There is established the West Virginia Works Separate State...

Article 10. West Virginia Traumatic Brain and Spinal Cord Injury Rehabilitation Fund

§9-10-1. Definitions - As used in this article, the term: (1) “Secretary” means...

§9-10-2. Fund Continued Under Department of Health and Human Resources - (a) The special revenue account in the State Treasury known...

§9-10-3. Administration of Fund; Administrative Fees; Fund Use - (a) The West Virginia Traumatic Brain and Spinal Cord Injury...

§9-10-4. Criteria and Priorities for Use of Fund - (a) The Secretary shall establish priorities and criteria for the...

§9-10-5. Promulgation of Legislative Rules - (a) The Secretary may propose legislative rules for promulgation, in...

§9-10-6. Legislative Audit - (a) On or before July 1, 2020, the Legislative Auditor...

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West Virginia Code Chapter 9. Human Services

West Virginia Code
Chapter 9. Human Services