W. Va. Code R. § 150-29-4

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 150-29-4 - The 211 Provider

4.1. Selection of an Initial 211 Provider.

4.1.a. The 211 Collaborative shall submit its written decision, together with supporting documents, selecting an initial 211 Provider to the Commission within one-hundred twenty (120) days of the effective date of this rule. No Commission approval of the 211 Collaborative's decision is required for the 211 Provider to begin providing service.

4.1.b. The Commission shall cause notice of the 211 Collaborative's decision selecting an initial 211 Provider to be published, statewide within ten (10) days following receipt of such decision and supporting documents.

4.2. Term of 211 Provider; Removal of 211 Provider.

4.2.a. The 211 Collaborative may, in its discretion, fix or otherwise limit the 211 Provider's term of service.

4.2.b. The 211 Collaborative may, for cause, remove the 211 Provider at any time during the 211 Provider's term of service. "Cause" shall be construed to mean:

(1) the 211 Provider's material non-performance of any obligation established as part of its selection by the 211 Collaborative;

(2) the 211 Provider's violation of any Commission rule, regulation or order relating to the operation of the statewide 211 system; or

(3) malfeasance or fraud on the 211 Provider's part. The 211 Collaborative shall submit its written decision removing the 211 Provider to the Commission within ten (10) days of such decision.

4.2.c. In the event the 211 Provider's term of service expires, or if the 211 Provider is removed pursuant to this subsection, the 211 Collaborative shall take action to designate a successor 211 Provider prior to the expiration of the current 211 Provider's term or effective date of the 211 Provider's removal, if possible.

4.2.d. If the 211 Provider determines to cease operating the statewide 211 system, the 211 Provider shall provide written notice to the 211 Collaborative and the Commission at least ninety (90) calendar days prior to its intended date of cessation of operation as the 211 Provider.

4.3. Selection of Subsequent 211 Providers.

4.3.a. In the event the 211 Provider's term of service expires, or if the 211 Provider is removed pursuant to subsection 2 of this section, or if the current 211 Provider ceases to operate the statewide 211 system for any reason, the 211 Collaborative shall solicit and review applications from qualified I & R providers, including call centers, seeking to operate the statewide 211 system.

4.3.b. The 211 Collaborative shall provide public notice by publication at least once in a newspaper, duly qualified by the Secretary of State, published and of general circulation throughout the state, and by other appropriate means, advising I & R providers that the 211 Collaborative is soliciting applications for selection of a 211 Provider.

4.3.c. The 211 Collaborative shall submit its written decision selecting a subsequent 211 Provider, together with supporting documents, to the Commission within thirty (30) days of such decision.

4.3.d. The Commission shall cause notice of the 211 Collaborative's decision selecting a subsequent 211 Provider to be published, statewide, within ten (10) days following receipt of such decision and supporting documents.

4.4. The 211 Collaborative shall have final operational authority over changes in the 211 Provider, and shall submit to the Commission a plan for continuation of the statewide 211 system under the circumstances set forth in subsection 2 of this section.

4.5. The Commission, or its designated representative, shall mediate any dispute involving the selection or removal of the 211 Provider, upon the filing of a petition requesting mediation with the Commission by either the 211 Collaborative, the 211 Provider or an aggrieved applicant for selection as the 211 Provider.

4.6. The 211 Provider shall not charge a fee to I & R providers or to community-based resources, such as social services and charities that provide housing, medical care, human services, financial assistance, or other social services, for participation in the statewide 211 system.

W. Va. Code R. § 150-29-4