W. Va. Code R. § 64-2-2 - Application and Enforcement

2.1. Application. This rule applies to any individual person, association, partnership, corporation, whether for profit or not, local governmental unit or any division, department, board or agency thereof which shall establish, maintain or operate a medical adult day care center. A day care program maintained and operated by a nursing home, hospital or other licensed health care facility shall comply with this rule. Compliance with the standards in this rule shall be evaluated independently from compliance with other licensure standards and sharing of staff, space, physical facilities and equipment or other may be permitted only if the requirements of each applicable rule are satisfied in full.

2.2. Exceptions.

2.2.a. This rule shall not apply to three to eight hour service programs carried out by a behavioral health center licensed under Licensure of Behavioral Health Centers, West Virginia Department of Health Legislative Rules, Series 11, 1984, unless the behavioral health center program routinely offers medical treatment services in addition to those behavioral health services within the scope of that rule.

2.2.b. This rule shall not apply to day care programs for adults which are primarily social and recreational in nature, but which may occasionally offer medical screening clinics.

2.3. Enforcement. This rule is enforced by the Secretary of the Department of Health and Health and Human Resources; or his or her designee.

Notes

W. Va. Code R. § 64-2-2