W. Va. Code R. § 64-59-4
Notwithstanding anything herein to the contrary, the relevant portions of Conditions of Participation for Hospitals, 42 CFR Part 482, Subparts A through E; the State Operations Manual; and the accreditation standards for hospitals of the Joint Commission shall control: Provided, That to the extent there is a conflict between the federal regulations or the accreditation standards and the standards specified in this rule, the more stringent standard applies, except that, if there is a conflict between a standard set forth in this rule and a federal standard required for purposes of certification for participation in Medicare or Medicaid, or a standard or requirement for purposes of accreditation by the Joint Commission, the relevant federal standard or accreditation standard or requirement shall supersede any provision in this rule.
W. Va. Code R. § 64-59-4