Assisted Living in West Virginia

Agency: Department of Health and Human Resources, Bureau for Public Health, Office of Health Facilities Licensure and Certification
Phone: (304) 558-0050
Website: www.WVDHHR.org/OHFLAC

An Assisted Living Residence (ALR) is any living facility or place of accommodation in the state, however named, available for four or more residents that is advertised, offered, maintained, or operated by the ownership or management for the express or implied purpose of providing personal assistance, supervision, or both to any residents who are dependent upon the services of others by reason of physical or mental impairment and who may also require nursing care at a level that is not greater than limited and intermittent. A small ALR has a resident capacity of four to 16 residents. A large ALR has a resident capacity of 17 or more. A Residential Care Community (RCC) is any group of 17 or more residential apartments that are part of a larger independent living community that provides personal assistance or supervision on a monthly basis to 17 or more persons who may be dependent upon the services of others by physical or mental impairment or who may require limited or intermittent nursing services or hospice care.

Facility Scope of Care:
The facility may provide assistance with activities of daily living and/or supervision and has the option of providing limited and intermittent nursing services. They may also make arrangements for hospice or a Medicare-certified home health agency.

Move-In/Move-Out Requirements:
Residents in need of extensive or ongoing nursing care or with needs that cannot be met by the facility shall not be admitted or retained. The licensee must give the resident 30-day written notice and file a copy of the notice in the resident's record prior to discharge, unless an emergency situation arises that requires the resident's transfer to a hospital or other higher level of care, or if the resident is a danger to self or others.

Resident Assessment:
Each resident must have a written, signed, and dated health assessment by a physician or other licensed health care professional authorized under state law to perform this assessment not more than 60 days prior to the resident's admission, or no more than five working days following admission, and at least annually after that. Each resident must have a functional needs assessment completed in writing by a licensed health care professional that is maintained in the resident's medical record. This assessment must include a review of health status and functional, psychosocial, activity, and dietary needs.

Medication Management:
Only licensed staff may administer or supervise the selfadministration of medication by residents. As of July 1999, Approved Medication Assistive Personnel (for which specific training and testing is required) can administer medications in the facility.

Physical Plant Requirements:
Bedrooms in an existing large ALR must provide a minimum of 80 square feet per resident. In an existing small ALR, a semiprivate room must provide at least 60 square feet per resident and a private room 80 square feet per resident. New facilities, construction or renovations, require at least 100 square feet of floor area in a single-occupancy room and 90 square feet of floor area per resident in a double-occupancy room.

Residents Allowed Per Room:
A maximum of two residents is allowed per resident unit

Life Safety:
All ALRs and RCCs with four or more beds must comply with state fire commission rules and must have smoke detectors, fire alarm systems, and fire suppression systems. Small ALRs (with four to 16 beds) must have a National Fire Protection Association (NFPA) 13D- or 13R-type sprinkler system. Large ALRs (with 17+ beds) must have an NFPA 13-type sprinkler system. All facilities must have smoke detectors in all corridors and resident rooms. Facilities must have manual pull stations and a fire alarm system. Each facility must have a written disaster and emergency preparedness plan with procedures to be followed in any emergency.

Alzheimer's Unit Requirements:
If the facility advertises or promotes a specialized memory loss, dementia, or Alzheimer's unit, a separate license must be obtained.

Staff Training for Alzheimer's Care:
All licensed assisted living facilities must provide training to all new employees within 15 days of employment, and annually thereafter, on Alzheimer's disease and related dementia. The training must last a minimum of two hours and include specific topics. If the facility has a licensed Alzheimer's unit or program, a minimum of 30 hours of training related to the care of residents with Alzheimer's disease or related dementia is required.

Staffing Requirements:
An administrator must be on staff. At least one direct care staff person who can read and write must be present 24 hour hours per day. A sufficient number of qualified employees must be on duty to provide residents all the care and services they require. If nursing services are provided, a registered nurse must be employed to provide oversight and supervision. One employee who has current first aid training and current CPR training, as applicable, must be on duty at all times.

Staff Education Training:
Personal care staff must complete an orientation and annual inservice training sessions.

Medicaid Policy and Reimbursements:
There is no Medicaid home and community-based services waiver at this time