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WEST VIRGINIA CODE
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WVC 26- CHAPTER 26. STATE BENEVOLENT INSTITUTIONS.

WVC 26 - 1 - ARTICLE 1. CHILDREN'S HOME.


WVC 26 - 1 - 1 §26-1-1. West Virginia Children's Home.
The West Virginia Children's Home, heretofore established, shall be continued, and shall be managed, directed and controlled by the state department of welfare.


WVC 26 - 1 - 2 §26-1-2. Admission of children.
The state department of welfare shall admit to the home children surrendered or otherwise placed in its custody in any manner authorized by law; and the children shall be kept, maintained and educated therein until they can be placed by legal authority in suitable homes elsewhere.


WVC 26 - 1 - 3 §26-1-3. Superintendent; establishment of rules.
The commissioner of welfare shall appoint a superintendent of the children's home. The superintendent shall establish and post rules for operation of the home, subject to approval of the commissioner.


WVC 26 - 2 - ARTICLE 2. COLORED CHILDREN'S HOME.


WVC 26 - 2 - 1 §§26-2-1 to 26-2-3.

Repealed.

Acts, 1969 Reg. Sess., Ch. 21.


WVC 26 - 3 - ARTICLE 3. HOME FOR AGED AND INFIRM MEN AND WOMEN.


WVC 26 - 3 - 1 §26-3-1. Establishment; name; management; superintendent.
The West Virginia home for aged and infirm men and women is hereby established at Sweet Springs, Monroe county, West Virginia, to be known as Andrew S. Rowan Memorial Home, and shall be managed, directed and controlled as provided in article one, chapter twenty-five of this code. The chief executive officer thereof shall be a superintendent who must be a citizen of the state and a person of good executive ability, and who shall be appointed by the governor by and with the advice and consent of the Senate.


WVC 26 - 3 - 2 §26-3-2. Admission of inmates.
Any man or woman shall be eligible for admission to said home who:

(1) Has attained the age of sixty years;

(2) Has resided in the state for at least one year immediately preceding the application;

(3) Has not made an assignment or transfer of property for the purpose of qualifying for public assistance;

(4) Is in need of continuing institutional care because of his physical or mental condition;

(5) Is actually in need and has not sufficient income or other resources to provide a subsistence compatible with decency and health; and

(6) Has no children, father, brothers, sisters or mother of sufficient financial ability to support such person in the manner required by the department of welfare.

No person shall be admitted to said home except upon the recommendation of the department of welfare, or unless such person be qualified to admission to said home under the provisions of sections three and four of this article.


WVC 26 - 3 - 3 §26-3-3. Transfer of inmates of state hospitals.
The state commissioner of public institutions shall have authority to transfer any person from Weston State Hospital, Spencer State Hospital and Huntington State Hospital to the Andrew S. Rowan Memorial Home who is qualified for admission under the provisions of this article. The said commissioner shall also have authority to transfer any such person to the hospital from which he or she may have been transferred or to any other hospital under the control of the commissioner.


WVC 26 - 3 - 4 §26-3-4. Transfer of inmates from the industrial school for boys.
The state commissioner of public institutions shall also have the power and authority to transfer, from time to time, any number of inmates of the industrial school for boys at Pruntytown, to the Andrew S. Rowan Memorial Home, if, in the opinion of the commissioner, the maintenance of boys at this institution will promote their rehabilitation. The commissioner of public institutions shall prescribe rules and regulations pertaining to transfers of this nature. The commissioner shall also have the authority to return such boys to the industrial school for boys as he sees fit.


WVC 26 - 3 - 5 §26-3-5. How expenses to be paid.

The pay for the care and accommodation of any person who may be admitted to the home, except as to those transferred from state hospitals and from the industrial school for boys, shall be provided by the county department of public assistance of the county which recommended his or her admission; and said county department of public assistance shall also pay all just and proper charges for the transportation of such person to the home. Such pay shall be at the rate of fifteen dollars monthly and shall be paid quarterly.


WVC 26 - 4 - ARTICLE 4. HOME FOR AGED AND INFIRM COLORED MEN AND WOMEN.


WVC 26 - 4 - 1 §§26-4-1 to 26-4-3.

Repealed.

Acts, 1961 Reg. Sess., Ch. 34.


WVC 26 - 5 - ARTICLE 5. JACKIE WITHROW HOSPITAL.


WVC 26 - 5 - 1 §26-5-1. Continuation; management; superintendent; qualifications of superintendent; division of fiscal, administrative and clinical duties; certain persons exempted from qualification requirements.
(a) The tuberculosis sanitarium heretofore established at Beckley, for the care and treatment of persons afflicted with tuberculosis, shall be continued and shall be known as the Jackie Withrow hospital, and shall be managed, directed and controlled as prescribed in article one, chapter twenty-five and in section eight, article one, chapter sixteen of this code: Provided, That the name change shall not become effective until ninety days after the department of health and human resources has provided to the hospital and the hospital has received an additional one hundred thousand dollars over and above the total dollar amount provided to the hospital from the state from all sources for the fiscal year ending the thirtieth day of June, two thousand one. The one hundred thousand dollars shall be used by the hospital to offset the additional expenses incurred in changing the name of the hospital, including, but not limited to, software changes, printing costs for documents and stationery, change of name on medicaid certificate, change of signs and equipment which stamps the name of the hospital and the cost of a plaque, bust and other expenses associated with the change of name. The department of health and human resources shall provide this money to the hospital in one lump sum within one hundred eighty days from the effective date of the amendments made to this section in the two thousand one regular session of the Legislature or the name change contemplated herein shall not become effective. The chief executive officer of the hospital shall be the superintendent, who must be a college graduate and have a minimum of two years' experience in either hospital administration, health services administration or business administration with broad knowledge of accounting, purchasing and personnel practices as related to the rendition of health and health related services.

(b) A superintendent is the person having the fiscal responsibility of the hospital and the authority to manage and administer the financial, business and personnel affairs of the hospital.

A clinical director is the person having the responsibility for decisions involving clinical and medical treatment of patients, and who shall be a duly qualified physician licensed to practice medicine in the state of West Virginia.

(c) The provisions of this section relating to the qualification of persons eligible to serve as superintendent shall not apply to any person serving in the capacity of business manager on the effective date hereof, and who has served in that capacity for at least six consecutive months next preceding the effective date.


WVC 26 - 5 A- ARTICLE 5A. TUBERCULOSIS CONTROL.


WVC 26 - 5 A- 1 §26-5A-1.
Repealed.

Acts, 2005 Reg. Sess., Ch. 116.


WVC 26 - 5 A- 2 §26-5A-2.
Repealed.

Acts, 2005 Reg. Sess., Ch. 116.


WVC 26 - 5 A- 3 §26-5A-3.
Repealed.

Acts, 2005 Reg. Sess., Ch. 116.


WVC 26 - 5 A- 4 §26-5A-4.
Repealed.

Acts, 2005 Reg. Sess., Ch. 116.


WVC 26 - 5 A- 5 §26-5A-5.
Repealed.

Acts, 2005 Reg. Sess., Ch. 116.


WVC 26 - 5 A- 5 A §26-5A-5a. Return of escapees from state tuberculosis institutions.

If any person confined in a state tuberculosis institution by virtue of an order of a circuit court as provided for in section five of this article shall escape therefrom, the superintendent thereof shall issue a notice giving the name and description of the person escaping and requesting his or her apprehension and return to the hospital, and may offer such reward for the return of such person as the commissioner of public institutions may authorize. The superintendent shall issue a warrant directed to the sheriff of the county commanding him to arrest and carry such escaped person back to the hospital, which warrant may be executed in any part of the state. If such person flee to another state, the superintendent shall notify the commissioner of public institutions, and the commissioner of public institutions shall take such action as may be deemed proper in the premises for the return of such person to the hospital.


WVC 26 - 5 A- 6 §26-5A-6.
Repealed.

Acts, 2005 Reg. Sess., Ch. 116.


WVC 26 - 5 A- 7 §26-5A-7.
Repealed.

Acts, 2005 Reg. Sess., Ch. 116.


WVC 26 - 6 - ARTICLE 6. DENMAR STATE HOSPITAL.


WVC 26 - 6 - 1 §26-6-1.
Repealed.

Acts, 2008 Reg. Sess., Ch 35.


WVC 26 - 6 - 2 §26-6-2.
Repealed.

Acts, 2008 Reg. Sess., Ch 35.


WVC 26 - 7 - ARTICLE 7. BERKELEY SPRINGS SANITARIUM.


WVC 26 - 7 - 1 §§26-7-1 to 26-7-5.

Repealed.

Acts, 1985 Reg. Sess., Ch. 41.


WVC 26 - 8 - ARTICLE 8. EMERGENCY HOSPITALS.


WVC 26 - 8 - 1 §26-8-1. Continuation; management; superintendent; qualifications of superintendent; division of fiscal, administrative and clinical duties; certain persons exempted from qualification requirements.
(a) The hospitals heretofore established and known, respectively, as Welch emergency hospital and Fairmont emergency hospital shall be continued and shall be managed, directed and controlled as prescribed in article eleven, chapter twenty-six of this code: Provided, That the hospital established as Fairmont emergency hospital and later renamed the Marion health care hospital shall henceforth be known as the John Manchin, Sr., health care center and any reference in this code to the Fairmont emergency hospital or the Marion health care hospital shall mean the John Manchin, Sr., health care center.

(b) The chief executive officer of each of said hospitals shall be the superintendent, who shall be a college graduate and have a minimum of two years' experience in either hospital administration, health services administration or business administration with broad knowledge of accounting, purchasing and personnel practices as related to the rendition of health and health-related services.

(c) For purposes of this section, "superintendent" means the person having the fiscal responsibility of the hospital and the authority to manage and administer the financial, business and personnel affairs of the hospital. "Clinical director" means the person having the responsibility for decisions involving clinical and medical treatment of patients and who shall be a duly qualified physician licensed to practice medicine in the state of West Virginia.

(d) The provisions of this section relating to the qualification of persons eligible to serve as superintendent shall not apply to any person serving in the capacity of business manager on the effective date hereof and who has served in such capacity for at least six consecutive months next preceding such effective date.


WVC 26 - 8 - 2 §26-8-2. Patients; expenses; disposition of receipts.
The department of health and human resources shall admit to the hospitals, under its rules, persons requiring hospital care and shall treat free of charge persons accidentally injured in this state while engaged in their usual employment, but preference at all times shall be given to persons accidentally injured: Provided, That the executive director of the workers' compensation commission shall pay to the hospitals for the treatment of anyone entitled to benefits or aid out of the workers' compensation fund the same fee or expenses that would be paid to a private hospital for similar treatment. All moneys collected under this section shall be paid into the state treasury through the state commissioner of public institutions as required in section thirteen, article one, chapter twenty-five of this code.


WVC 26 - 8 - 3 §26-8-3. Admission of deformed, crippled or defective children.
The state commissioner of public institutions shall prescribe rules and regulations for the admission of deformed, crippled or otherwise defective children to said hospitals for surgical or orthopedic treatment and care. The rules and regulations shall provide for the treatment and care of such children at said hospitals free of charge, when it is shown that the parents or guardians of such children are citizens of this state and are financially unable to procure or provide surgical or orthopedic treatment and hospital care for them.


WVC 26 - 9 - ARTICLE 9. HOPEMONT STATE HOSPITAL.


WVC 26 - 9 - 1 §26-9-1. Establishment and continuation; name and location; management; superintendent; qualifications of superintendent; division of fiscal, administrative and clinical duties; certain persons exempted from qualification requirements.
(a) Hopemont State Hospital, heretofore established, shall be continued as a hospital for both chronically ill and infirm, which hospital shall be managed, directed and controlled as prescribed in article one, chapter twenty-five of this code. The chief executive officer thereof shall be the superintendent, who shall be a college graduate and have a minimum of two years' experience in either hospital administration, health services administration or business administration with broad knowledge of accounting, purchasing and personnel practices as related to the rendition of health and health related services.

(b) A superintendent is the person having the fiscal responsibility of the hospital and the authority to manage and administer the financial, business and personnel affairs of the hospital.

A clinical director is the person having the responsibility for decisions involving clinical and medical treatment of patients, and who shall be a duly qualified physician licensed to practice medicine in the state of West Virginia.

(c) The provisions of this section relating to the qualification of persons eligible to serve as superintendent shall not apply to any person serving in the capacity of business manager on the effective date hereof, and who has served in such capacity for at least six consecutive months next preceding such effective date.


WVC 26 - 9 - 2 §26-9-2. Eligibility for admission of patients.
All persons meeting requirements for admission to Denmar State Hospital pursuant to the provisions of section two, article six of this chapter, or requirements for admission to Andrew S. Rowan Memorial Home, pursuant to the provisions of section two, article three of this chapter, shall be eligible for admission to Hopemont State Hospital pursuant to such rules and regulations regarding admissions as may be promulgated by the commissioner of public institutions.


WVC 26 - 10 - ARTICLE 10. HOSPITALS, HOMES AND SANITARIA FEES.


WVC 26 - 10 - 1 §26-10-1. Authority of commissioner of public institutions to establish; exonerating persons from payment.
Notwithstanding any limitation contained in this chapter or any provision therein to the contrary, the commissioner of public institutions is authorized to establish and charge the inmate or patient reasonable fees for the maintenance of each person admitted to a hospital, home or sanitarium under his jurisdiction and control: Provided, That the commissioner of public institutions may, whenever it is deemed just and expedient to do so, exonerate any such person chargeable with such maintenance from the payment thereof, in whole or in part, if the commissioner finds that such person is unable to pay or that payment would work an undue hardship upon him.


WVC 26 - 11 - ARTICLE 11. STATE EXTENDED CARE AND EMERGENCY FACILITIES.


WVC 26 - 11 - 1 §26-11-1. Management by director of health.
The director of health or his or her successor shall manage, direct, control and govern the Andrew S. Rowan memorial home, Denmar hospital, heretofore established and known as Denmar state hospital, Hopemont hospital, heretofore known as Hopemont state hospital, Pinecrest hospital, John Manchin, Sr., health care center, established as the Fairmont emergency hospital and formerly known as the Marion health care hospital and Welch emergency hospital and such other state health care facilities as are or may hereafter be created by law.

The director shall designate the functions of each facility and prescribe guidelines for the admission of persons thereto, pursuant to rules and regulations promulgated by the board of health, and shall supervise the business, personnel and clinical responsibilities of each facility: Provided, That in prescribing admission guidelines, precedence shall be given to persons unable to pay therefor.


WVC 26 - 11 - 2 §26-11-2. Supervision of each facility by administrator; qualifications of administrator; clinical director.
Each facility provided for in this article shall have a chief executive officer denominated an "administrator." The administrator shall be the person having the fiscal responsibility of the facility and the authority to manage and administer the financial, business and personnel affairs of the facility under the direction of the director of health. The administrator shall be a college graduate and have a minimum of two years experience in either hospital administration, health services administration or business administration with broad knowledge of accounting and personnel practices as related to the rendering of health and health-related services. Such qualifications shall not apply to any person who has served in the capacity of a superintendent for at least six consecutive months on the effective date of this section.

Each facility provided for in this article, with the exception of the Andrew S. Rowan Memorial Home, shall have a clinical director who shall have the responsibility for decisions involving clinical and medical treatment of patients and who shall be a physician having a license to practice medicine in the state of West Virginia.


WVC 26 - 11 - 3 §26-11-3. Guidelines for admissions; fees for the maintenance of persons.
Pursuant to rules and regulations promulgated by the board of health, the director of health shall prescribe guidelines for the admission of persons to the facilities provided for in this article, with precedence given to those persons who are unable to pay. The director may establish and charge reasonable fees for the maintenance of persons residing in such facilities who are able to pay.


WVC 26 - 11 - 4 §26-11-4. Transfer of residents; rules and regulations for maintenance of patients.
The director of health may transfer residents between the facilities administered by the board of health or its successor, except as otherwise provided by article five, chapter twenty- seven of this code. The director may accept transfer of residents from correctional institutions, subject to the provisions of chapter twenty-eight of this code.

The director shall prescribe guidelines pursuant to rules and regulations promulgated by the board of health as are necessary and proper to regulate the proper maintenance of patients in the facilities administered by the board of health or its successor.


Note: WV Code updated with legislation passed through the 2013 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.

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