2009 West Virginia Code
CHAPTER 9. HUMAN SERVICES.

ARTICLE 1. LEGISLATIVE PURPOSE AND DEFINITIONS. 

• §9-1-1 Legislative purpose.
• §9-1-2 Definitions.

ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND RESPONSIBILITIES GENERALLY. 

• §9-2-1 Continuation of department of welfare.
• §9-2-1a Department of Health and Human Resources continued.
• §9-2-2 Commissioner to be administrative head of department; appointment, qualifications, etc.; not to hold other office or engage in political activity.
• §9-2-3 Acceptance of federal-state assistance and federal assistance.
• §9-2-4 Organization of department of welfare.
• §9-2-5 Responsibility and powers of department; information and data to be supplied by other agencies.
• §9-2-6 Powers of Secretary.
• §9-2-6a Commissioner to develop caseload standards; committee; definitions.
• §9-2-7 State's participation in federal work incentive program.
• §9-2-8 Information and referral services.
• §9-2-9 Secretary to develop medicaid monitoring and case management.
• §9-2-9b Contract procedure for the Medicaid program.
• §9-2-10 Collection of copayments by health care providers; penalties.
• §9-2-11 Limitation on use of funds.
• §9-2-12 Coverage for patient cost of clinical trials.
• §9-2-12a Definitions.

ARTICLE 3. APPLICATION FOR AND GRANTING OF ASSISTANCE. 

• §9-3-1 Application for and granting of federal-state or federal assistance.
• §9-3-2 Application for and granting of state assistance.
• §9-3-4 Assignment of support obligations.
• §9-3-5 Services to persons not otherwise eligible.

ARTICLE 4. STATE ADVISORY BOARD; MEDICAL SERVICES FUND; ADVISORY COUNCIL; GENERAL RELIEF FUND. 

• §9-4-1 Repealed
• §9-4-2 Medical services fund.
• §9-4-3 Advisory council.
• §9-4-4 State general relief fund.

ARTICLE 4A. MEDICAID UNCOMPENSATED CARE FUND. 

• §9-4A-1 Legislative findings.
• §9-4A-2 Creation of medicaid uncompensated care fund.
• §9-4A-2a Medical services trust fund.
• §9-4A-2b Expansion of coverage to children and terminally ill.
• §9-4A-3 Repealed
• §9-4A-4 Legislative reports.

ARTICLE 4B. PHYSICIAN/MEDICAL PRACTITIONER PROVIDER MEDICAID ACT. 

• §9-4B-1 Definitions.
• §9-4B-2 Physician/medical practitioner provider medicaid enhancement board; continuation and composition.
• §9-4B-3 Expenses for citizen members.
• §9-4B-4 Powers and duties.
• §9-4B-5 Repealed
• §9-4B-6 Repealed
• §9-4B-7 Effective date.
• §9-4B-8 Repealed

ARTICLE 4C. HEALTH CARE PROVIDER MEDICAID ENHANCEMENT ACT. 

• §9-4C-1 Definitions.
• §9-4C-2 General medicaid enhancement board.
• §9-4C-3 Dentist provider medicaid enhancement board.
• §9-4C-4 Ambulance service provider medicaid enhancement board.
• §9-4C-5 Facility providers' medicaid enhancement board.
• §9-4C-6 Expenses for citizen members.
• §9-4C-7 Powers and duties.
• §9-4C-8 Duties of secretary of department of health and human resources.
• §9-4C-9 Repealed
• §9-4C-10 Repealed
• §9-4C-11 Effective date.
• §9-4C-12 Repealed

ARTICLE 4D. MEDICAID BUY-IN PROGRAM. 

• §9-4D-1 Legislative findings.
• §9-4D-2 Definitions.
• §9-4D-3 Medicaid buy-in program; funding.
• §9-4D-4 Eligibility guidelines.
• §9-4D-5 Exceptions to qualifying factors.
• §9-4D-6 Fees, premiums and periodic reviews.
• §9-4D-7 Benefits of the medicaid buy-in program.
• §9-4D-8 Analytical criteria and reporting requirements.
• §9-4D-9 Advisory council; rules.

ARTICLE 4E. Long-Term Care Partnership Program. 

• §9-4E-1 Purpose.
• §9-4E-2 Definitions.
• §9-4E-3 Authority.

ARTICLE 5. MISCELLANEOUS PROVISIONS. 

• §9-5-1 Exemption of grants from certain taxes and claims.
• §9-5-2 Release of liens and reassignment of insurance policies.
• §9-5-3 Recipient of assistance not a pauper.
• §9-5-4 Penalties for false statements, etc.
• §9-5-5 Recipients of cash grants.
• §9-5-6 Attorney general and prosecuting attorneys to render legal services to commissioner.
• §9-5-7 Visitation by county employees.
• §9-5-8 Authority to examine witnesses, administer oaths and take affidavits.
• §9-5-8a Authority to subpoena witnesses and documents when investigating the provision of medical assistance programs.
• §9-5-9 Liability of relatives for support.
• §9-5-10 Continuation of present aid; contributions by counties.
• §9-5-11 Assignment of rights; right of subrogation by Department of Health and Human Resources to the rights of recipients of medical assistance; rules as to effect of subrogation.
• §9-5-11a Notice of action or claim.
• §9-5-11b Release of information.
• §9-5-11c Right of the department of health and human resources to recover medical assistance.
• §9-5-12 Medicaid program; maternity and infant care.
• §9-5-13 Pilot program for certain aid recipients seeking self-employment.
• §9-5-14 Medicaid program; health care facilities financed by bonds; rules regarding reimbursement of capital costs.
• §9-5-15 Medicaid program; preferred drug list and drug utilization review.
• §9-5-16 Medicaid program; legislative purpose; health care provider reimbursement study by department; hearings; report.
• §9-5-16a Medicaid-certified nursing homes; screening of applicants and residents for mental illness; reimbursement of hospitals.
• §9-5-17 Nonprofit agency or facility, in receipt of medicaid moneys, shall provide annual accounting of gross receipts and disbursements including salaries.
• §9-5-18 Funeral expenses for indigent persons; filing of affidavit to certify indigency; penalties for false swearing; payment by division.
• §9-5-19 Summary review for certain behavioral health facilities and services.
• §9-5-20 Medicaid program; chronic kidney disease; evaluation and classification.

ARTICLE 6. SOCIAL SERVICES FOR ADULTS. 

• §9-6-1 Definitions.
• §9-6-2 Adult protective services; immunity from civil liability; rules; organization and duties.
• §9-6-3 Cooperation among agencies; termination and reduction of assistance by commissioner.
• §9-6-4 Action to abate abuse, neglect or emergency.
• §9-6-5 Emergency immediate remedial treatment; procedure.
• §9-6-6 Payment and termination of payment for services to incapacitated adult.
• §9-6-7 Comprehensive system of adult protective services; compulsory assistance prohibited.
• §9-6-8 Confidentiality of records.
• §9-6-9 Mandatory reporting of incidences of abuse, neglect or emergency situation.
• §9-6-9a Mandatory reporting suspected of animal cruelty by adult protective service workers.
• §9-6-10 Mandatory reporting to medical examiner or coroner; postmortem investigation.
• §9-6-11 Reporting procedures.
• §9-6-12 Reporting person's immunity from liability.
• §9-6-13 Abrogation of privileged communications.
• §9-6-14 Failure to report; penalty.
• §9-6-15 Repealed
• §9-6-16 Compelling production of information.

ARTICLE 7. FRAUD AND ABUSE IN THE MEDICAID PROGRAM. 

• §9-7-1 Legislative purpose and findings; powers and duties of fraud control unit.
• §9-7-2 Definitions.
• §9-7-3 Investigations; procedure.
• §9-7-4 Applications for medical assistance; false statements or representations; criminal penalties.
• §9-7-5 Bribery; false claims; conspiracy; criminal penalties.
• §9-7-6 Civil remedies.
• §9-7-7 Licensing of vehicles for use by the medicaid fraud control unit.
• §9-7-8 Remedies and penalties not exclusive.
• §9-7-9 Severability.

ARTICLE 8. CHARITY FOOD BANKS. 

• §1679-8-1to9-8-11 Repealed

ARTICLE 9. WV WORKS ACT. 

• §9-9-1 Short title.
• §9-9-2 Legislative findings; purpose.
• §9-9-3 Definitions.
• §9-9-4 Authorization for program.
• §9-9-5 WV works program fund.
• §9-9-6 Program participation.
• §9-9-7 Work requirements.
• §9-9-8 Exemptions.
• §9-9-9 Personal responsibility contract.
• §9-9-10 Participation limitation; exceptions.
• §9-9-11 Breach of contract; notice; sanctions.
• §9-9-12 Diversionary assistance allowance in lieu of monthly cash assistance.
• §9-9-13 Subsidized employment.
• §9-9-14 Transitional assistance.
• §9-9-15 Interagency coordination.
• §9-9-16 Intergovernmental coordination.
• §9-9-17 Repealed
• §9-9-18 Relationship with other law.
• §9-9-19 Legislative oversight.
• §9-9-20 Confidentiality, fines and penalties.
• §9-9-21 West Virginia Works Separate State College Program; eligibility; special revenue account.
• §9-9-22 West Virginia Works Separate State Two-Parent Families Program.