West Virginia Code of State Rules
Agency 69 - Health And Human Resources
Title 69 - LEGISLATIVE RULE DEPARTMENT OF HEALTH AND HUMAN RESOURCES
Series 69-06 - Nurse Aide Abuse and Neglect Registry
Section 69-6-4 - Reporting
Universal Citation: 69 WV Code of State Rules 69-6-4
Current through Register Vol. XLI, No. 38, September 20, 2024
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.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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