Current through Register Vol. XLI, No. 50, December 13, 2024
Section 21-1-2 - DefinitionsWhenever used in this rule, unless the context or subject matter requires a different meaning, the following terms have their respective meanings:
2.1. "Active Duty" means individuals who are employed full time in the armed forces of the United States and deployed outside of this state. Individuals will continue to be considered on active duty for the purposes of this rule for six months after discharge from active duty.2.2. "AIT" refers to an Administrator-In-Training.2.3. "Applicant" means any person making application for an original or renewal license or a temporary or emergency permit under the provisions of this article.2.4. "Board" means the West Virginia Nursing Home Administrators Licensing Board as created in W. Va. Code § 30-25-4.2.5. "Code of Ethics" means the code of ethics developed by the American College of Health Care Administrators (ACHCA), Alexandria, Virginia (2014).2.6. "Emeritus Status" means a retired nursing home administrator duly recognized by the Board to have at least twenty 20 years of practice, with the last ten 10 years of practice being consecutive years in West Virginia.2.7. "Examination" means the national test and the state test that applicants are required to pass, unless specified otherwise.2.8. "Fiscal management" means budgeting, census development, reimbursement, and financial projections.2.9. "Initial licensure fee" means the licensure fee or fees than an applicant must normally pay to obtain a nursing home administrator license, if the applicant is being licensed as a nursing home administrator in West Virginia for the first time.2.10. "Inpatient health care facility" means a licensed nursing facility, an assisted living facility, licensed residential care community, a personal care facility, an inpatient hospice, or a hospital or a nursing facility that is a distinct part of a hospital or other like facility providing 24-hour nursing and/or rehabilitation care.2.11. "Internship" means a practicum or course of study as part of a degree or post degree program designed especially for the preparation of candidates for licensure as nursing home administrators that involve supervision by an accredited college or university of the practical application of previously studied curriculum.2.12. "License" means the document issued by the Board as defined in section five of this rule.2.13. "Local labor market" means every county in West Virginia and any county outside West Virginia if any portion of that county is within fifty miles of the border of West Virginia, pursuant to WV Code § 21-1C-2.2.14. "Low Income Individual" means an individual in the local labor market as defined in WV Code § 21-1-2, whose household adjusted gross income is below 130 percent of the federal poverty line. This term also includes any person enrolled in a state or federal public assistance program including, but not limited to the Temporary Assistance for Needy Families Program (TANF), Medicaid, or the Supplemental Nutrition Assistance Program (SNAP).2.15. "Management experience" means the actual full-time practice of health care facility management of an inpatient health care facility as defined above with guidance and sharing of responsibility from the administrator and must include experience in personnel management, fiscal management, planning and organizing, and regulatory compliance.2.16. "Military families" means any person who serves as an active member of the armed forces of the United States, the National Guard, or a reserve component as described in 38 U. S. C. § 101, honorably discharged veterans of those forces, and their spouses. This term also includes surviving spouses of deceased service members who have not remarried.2.17. NPDB refers to the National Practitioner Data Bank.2.18. "Nursing home" means, for the purpose of the Administrator-In-Training program, a nursing a facility licensed by the State of WV as a nursing home or a distinct part of a hospital whose beds are denoted on the hospital license as a nursing home or skilled nursing facility.2.19. "Nursing Home Administrator-In-Training" (AIT) means an individual registered with the Board, under section 4.3. of this rule.2.20. "OHFLAC" refers to the Office of Health Facility Licensure and Certification.2.21. "Personnel management" means experience in determining staffing needs, creation of job descriptions, and recruitment of new employees, interviewing potential employees, and hiring and termination of employees.2.22. "Planning and organizing" includes but is not limited to, for the purpose of management experience, experience in short term planning, such as day-to-day operations of business-related events and long term planning, goal development, and organizing and delegating tasks to appropriate personnel with the end result being a coordinated work environment.2.23. "Practice of nursing home administration" means any service requiring nursing home administration, education, training, or experience and applying such to planning, organizing, staffing, directing and controlling the total management of a nursing home.2.24. "Professional misconduct or unprofessional conduct" means any conduct by a licensed nursing home administrator (NHA) or permittee, including, but not limited to, any of the following:2.24.a. Obtaining a license or emergency permit by means of fraud, deceit, or intentional misrepresentation;2.24.b. Engaging in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities;2.24.c. Failing to exercise a professional regard for the safety, health, and life of the patient;2.24.d. Discriminating in respect to patients, employers, or staff on account of race, religion, color, national origin, sex, disability, ancestry, or any other legally protected status identified in applicable federal or state law civil rights laws; or2.24.e. Failing to comply with the Code of Ethics.2.25. "Reexamination" means a process whereby the applicant may petition the Board to retake either the National and/or State examination if the applicant has not passed the licensure examinations.2.26. "Regulatory Compliance" means experience in federal and state survey requirements, development or implementation of policies and procedures to meet current regulations, plans of corrections, and mandatory regulatory requirements.2.27. "Substandard Quality of Care Policy" means the procedures the Board follows upon receipt of notice by the OHFLAC citing a Medicare/Medicaid certified nursing facility with providing substandard quality of care.2.28. "Unreversed", as that term refers to a criminal conviction, means that a conviction has not been set aside, vacated, pardoned, or expunged.2.29. "Violation" means a failure to comply with W. Va. Code § 30-25-1et seq. or any provision of this rule.