W. Va. Code R. § 64-89-8 - Violation

8.1. Complaints and allegations of violations of this rule may be filed with either the secretary or the commissioner. If the agency to whom the complaint is addressed determines it to be more appropriate for the other agency to process it, then the secretary or the commissioner may refer it to the other agency for processing.

8.2. Notwithstanding any penalty provisions set forth in W. Va. Code §§ 16-1-18 or 33-3-11, any health care entity that violates the provisions of this rule is subject to the following:

8.2.a. An award of actual damages established by the health care practitioner, payable to that health care practitioner; and/or

8.2.b. An administrative penalty, payable to the either the Department of Health and Human Resources or the Commissioner, whichever receives the complaint or pursues the action, but not both, in an amount of not less than five hundred (500) dollars and not more than five thousand (5,000) dollars.

Notes

W. Va. Code R. § 64-89-8