Operating an ALF in the State of West Virginia requires a license issued by the Office of Health Facility Licensure & Certification, which is the regulatory agency for ALFs in the state. Renewing the operating license is also a yearly process for ALFs that requires great attention to detail to ensure the continuation of your ability to care for seniors. See the following regulation as to how to properly apply for your license and ensure good standing with the issued license:
3.2. Initial Licensure Application.
3.2.1. An applicant for initial licensure shall submit a completed application to the Office of Health Facility Licensure and Certification, along with a non-refundable fee, and any additional information the Secretary may require.
3.2.2. The applicant shall have his or her signature on the application and have accompanying forms notarized. The signature shall serve as a release for obtaining references, credit, and other background information.
3.2.3. The applicant shall pay the cost of the initial licensure inspections, pursuant to W. Va. Code §16-5D-6(i) before the issuance of an initial license.
3.2.4. The applicant shall provide to the Secretary a preliminary operating plan that includes a proposed budget with projected monthly income, a balance sheet showing all expenses and income on forms provided by the Secretary, including but not limited to, reimbursement of the owners, lease payment, and monthly rates charged.
3.2.5. The applicant shall submit the application and fee at least 90 days prior to the date proposed for the commencement of operations.
3.2.6. Except as specified in subsection 3.5. of this rule, and after a satisfactory inspection to ensure compliance with this rule, the Secretary shall issue an initial license.
3.3. License Renewal.
3.3.1. The licensee shall submit an application for renewal of a license to the Secretary at least 90 days before the expiration date of the current license.
3.3.2. Except as specified in subsection 3.4. of this rule, the Secretary shall issue a renewal license to an assisted living residence when the following conditions are met:
3.3.2.a. The residence is found to be in substantial compliance with this rule;
3.3.2.b. The applicant has submitted a completed application and all requested financial information; and
3.3.2.c. The residence has met all Class I standards of this rule.
3.4. Non-Issuance of Initial or Renewal License.
3.4.1. The Secretary may refuse to issue or may revoke either an initial or a renewal license if he or she finds evidence of the following:
3.4.1.a. The applicant or licensee has a lack of financial stability to operate, such as insufficient capital, delinquent accounts, checks returned because of insufficient funds, and nonpayment of taxes, utility expenses, and other essential services;
3.4.1.b. The applicant or licensee has a personal history that has:
3.4.1.b.1. Evidence of abuse, fraud, or substantial and repeated violations of applicable laws and rules in the operation of any health care facility or service organization, or in the care of dependent persons; or
3.4.1.b.2. An ineligible employment fitness determination from the West Virginia Clearance for Access: Registry and Employment Screening unit of the Department of Health and Human Resources and not received a variance;
3.4.1.c. The applicant or licensee has been denied a license or has had a license to operate a health care facility revoked in West Virginia or any other jurisdiction during the previous five years;
3.4.1.d. The applicant or licensee has a record of noncompliance with lawful orders of the department or other licensing or certification agency for any jurisdiction in which the applicant has operated, directed, or participated in the operation of a health care facility;
3.4.1.e. The applicant, licensee, or person in charge of the residence has refused the Secretary entry and access to residents and records for an inspection or survey;
3.4.1.f. The applicant or licensee has converted the property of a resident for his or her own use, or has secured property, or a bequest of property, from a resident by undue influence;
3.4.1.g. The applicant, licensee, or administrator has submitted false information to the Secretary during the licensure process or during the course of an inspection or survey of the residence;
3.4.1.h. The applicant or licensee has moved residents of the assisted living residence to another location owned or operated by the applicant or licensee without prior approval of the location by the Secretary;
3.4.1.i. The applicant or licensee has built or renovated a residence without complying with the requirements of subsection 3.12. of this rule;
3.4.1.j. The applicant or licensee has failed to correct a violation of any Class I standard, or has failed to be in substantial compliance with the requirements of this rule; or
3.4.1.k. The residence has failed to receive a recommendation for licensure from the state fire marshal.
3.4.2. Before refusing to issue an initial or renewal license or revoking a license, the commissioner shall consider all available evidence at the time of the determination, including:
3.4.2.a. The history of the residence and the applicant or licensee in complying with this rule; and
3.4.2.b. Notices of violations that have been issued to the residence and the applicant or licensee, findings of surveys and inspections, and any evidence provided by the applicant or licensee, residents, law enforcement officials, and other interested individuals.
Top Takeaways:
- 2.4. The applicant shall provide to the Secretary a preliminary operating plan that includes a proposed budget with projected monthly income, a balance sheet showing all expenses and income on forms provided by the Secretary, including but not limited to, reimbursement of the owners, lease payment, and monthly rates charged.
When applying for your initial licensure you must ensure you have a comprehensive plan that covers all of the areas mentioned above. If there are holes in your plan it is doubtful you will be approved for the license.
- 3.1. The licensee shall submit an application for renewal of a license to the Secretary at least 90 days before the expiration date of the current license.
Pay close attention to the date in which your license expires. You do not want a lapse in your licensure and the ability to admit new residents and provide care.