W. Va. Code R. § 69-6-4 - Reporting

4.1. Reporting Allegations of Suspected Abuse, Neglect or Misappropriation of Property to Facility Administration.

4.1.a. Any employee of a facility, or anyone who provides services to a resident of a facility on a regular or intermittent basis, who suspects that a resident in a facility has been abused or neglected or that the resident's property has been misappropriated shall immediately report the incident to the facility administration and Adult Protective Services as required by W. Va. Code § 9-6-1 et seq.

4.1.b. Failure of a nurse aide to report any incident of suspected abuse, neglect, or misappropriation of property will result in his or her placement on the Nurse Aide Abuse and Neglect Registry for neglect for one year.

4.1.c. A facility shall not discharge, discriminate or retaliate in any manner against any employee who in good faith reports suspected abuse, neglect or misappropriation of residents' property, or who testifies or will testify in good faith in any proceeding concerning abuse, neglect, or misappropriation of property of residents in the facility, except an employee may be suspended, discharged, or restricted in duties if the employee reported himself or herself.

4.2. Reporting Allegations of Suspected Abuse, Neglect, or Misappropriation of Property to the Nurse Aide Program.

4.2.a. When allegations of abuse, neglect, or misappropriation of property of a resident have been reported to the facility, the facility shall submit an immediate report form in a format provided by OHFLAC and completed in its entirety within 24 hours.

4.2.b. The facility shall also report the allegations to Adult Protective Services in accordance with W. Va. Code § 9-6-1 et seq. and to a state or regional long-term care ombudsman operating under the authority of W. Va. §§ 16-5L-1, et seq.

4.2.c. Within five working days after the immediate report, the facility shall submit the five-day follow-up report in the format provided by OHFLAC and completed in its entirety to the Nurse Aide Program.

4.3. The reporting facility shall keep investigative information, including but not limited to, witness statements, physical evidence (including pictures of injuries), videotape evidence, and documentation of a similar nature until final resolution.

4.4. Reports involving rape or sexual assault require the following additional actions:

4.4.a. When rape or sexual assault of a resident is suspected, the designated staff person shall immediately accompany the resident to the nearest emergency room for examination.

4.4.b. If rape or sexual assault is suspected, facility staff shall assure that the matter is reported to local law enforcement.

Notes

W. Va. Code R. § 69-6-4