§64-5-1 Department of Health and Human Resources.
§64-5-1. Department of Health and Human Resources.
(a) The legislative rule filed in the State Register on August 28, 2008, authorized under the authority of section four, article one, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 27, 2008, relating to the Department of Health and Human Resources (public water systems, 64 CSR 3), is authorized.
(b) The legislative rule filed in the State Register on August 27, 2008, authorized under the authority of section eight, article five-b, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on December 17, 2008, relating to the Department of Health and Human Resources (licensure of medical adult day care centers, 64 CSR 2), is authorized with the following amendments:
On page five, section three, by inserting a new subsection, designated 3.39, to read as follows:
3.39. Substantial compliance. The Medical Adult Day Care Center has no violation of which, as the secretary determines, would present an imminent danger to the health, safety or welfare of any resident or a probability that death or serious physical harm could result, and has no ongoing violation of a regulation where there is a direct or immediate relationship to the health, safety or welfare of the resident(s).;
And renumbering the remaining subsections;
On page twenty-three, section eight, by striking out all of 8.4.a and inserting in lieu thereof a new 8.4.a, to read as follows:
8.4.a. The licensee shall ensure that all participant care and treatment is provided by appropriate individuals as required by state and federal law.;
And,
On page thirty, section fourteen, by striking out all of subsection 14.1 and inserting in lieu thereof a new subsection 14.1, to read as follows:
14.1. The Secretary may suspend or revoke a medical adult day care center license according to the provision of Chapter 16, Article 5B, Section 6 of the West Virginia Code.
(c) The legislative rule filed in the State Register on August 28, 2008, authorized under the authority of section nine, article three-d, chapter sixteen of this code, modified by the Department of Health and Human Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 27, 2008, relating to the Department of Health and Human Resources (tuberculosis testing, control treatment and commitment, 64 CSR 76), is authorized.