Care-facility inspections
How nursing homes and care facilities in West Virginia are inspected, licensed, and held to account.
6 laws · 10 enforcement actions · 3 guides · 2 court decisions
See the details
The laws 6
- W. Va. Code §§16B-4-1 through 16B-4-22, the Nursing Homes article — recodified into new Chapter 16B ("Inspector General") by 2024 Reg. Sess. SB300 out of the former W. Va. Code §16-5C. code.wvlegislature.gov
- W. Va. Code §§16B-5-1 through 16B-5-15+, the Assisted Living Residences article (recodified from former §16-5D by 2024 SB300). code.wvlegislature.gov
- W. Va. Code §16B-9-1 et seq., the Residential Care Communities article (recodified from former §16-5N). code.wvlegislature.gov
- W. Va. Code §§16B-8-1 through 16B-8-6, the Hospice Licensure Act (recodified from former §16-5C-hosted hospice provisions/§16-5C-20 cross-reference and the old §16-5-series Hospice Licensure Act). code.wvlegislature.gov
- W. Va. Code §§16B-6-1 through 16B-6-1a et seq., Registration and Inspection of Service Providers in Legally Unlicensed Health Care Homes (recodified from former §16-5E). code.wvlegislature.gov
- W. Va. Code §§16-5L-1 through 16-5L-9+, the West Virginia Long-Term Care Ombudsman Program Act — NOT moved into new Chapter 16B; code.wvlegislature.gov
Know your rights 3
- OHFLAC "West Virginia CMP Grant Fund Project" guidance page — explains the federal Social Security Act §1919(h)(2)(A)(ii) civil-money-penalty reinvestment program for nursing facilities: eligibility (must participate in Medicaid, have recur… ohflac.wvdhhr.org
- OHFLAC "AMAP Program" guidance page (Approved Medication Assistive Personnel) — describes the RN-supervised medication-delegation program for unlicensed nursing-home staff, links criteria/guidelines manuals, RN-responsibility and orientatio… ohflac.wvdhhr.org
- OIG "Nursing Home Licensing Advisory Council" page — explains the Council established under the Nursing Home Licensure Legislative Rule (W. Va. Code R. oig.wv.gov
Enforcement actions 3
- OHFLAC Administrative Order (dated January 2021, signed by Director Jolynn Marra) ordering Betty Weber, d/b/a Weber's Care Home (Maidsville, WV), a legally-unlicensed care home, to CLOSE and discharge all residents for failing to implement… ohflac.wvdhhr.org
- OHFLAC Administrative Order (dated August 13, 2020, signed by Director Jolynn Marra) ordering Ola Mullins, a legally-unlicensed care home operator (Welch, WV), to CLOSE for failing to implement a Directed Plan of Correction after investigat… ohflac.wvdhhr.org
- OHFLAC letter (August 8, 2023) to Serenity Pointe, a licensed Behavioral Health Center in Delbarton, WV, confirming the admissions ban imposed by an Administrative Order on/about March 23, 2020 — provisionally lifted July 15, 2021, then ful… ohflac.wvdhhr.org
Orders & settlements 7
- 71 CSR 15, Nursing Home Licensure — the Office of the Inspector General's active legislative rule (authority §16B-4-5), effective 5/1/2026, superseding the 5/28/2025 version filed immediately after the 2024 recodification (that prior versio… apps.sos.wv.gov
- 71 CSR 21, Assisted Living Residences — active legislative rule (authority §16B-5-5), effective 5/1/2026, superseding a 5/28/2025 "Historical" version filed at recodification apps.sos.wv.gov
- 71 CSR 23, Residential Care Communities — active legislative rule, effective 5/28/2025 (authority §§16B-9-3(k), 16B-9-5) apps.sos.wv.gov
- 71 CSR 14, Hospice Licensure Rule — active legislative rule, effective 5/28/2025 (authority §16B-8-3) apps.sos.wv.gov
- 71 CSR 20, Licensure of Medical Adult Day Care Centers — active legislative rule, effective 5/28/2025 (authority §16B-3-8, the general Hospitals and Similar Institutions article, since adult day care has no dedicated Code article of its own… apps.sos.wv.gov
- 71 CSR 22, Legally Unlicensed Health Care Homes — active legislative rule, effective 5/28/2025 (authority §16B-6-1a(a)); apps.sos.wv.gov
- 71 CSR 17, Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel (AMAP) — active legislative rule, effective 5/1/2026 (authority §§16B-10-11, 16B-14-6), governing the AMAP program un… apps.sos.wv.gov
Court decisions 2
- Clean & Clear Advantage, LLC v. West Virginia Department of Health, Office of Health Facility Licensure and Certification, No. 25-ICA-298 (W. Va. Intermediate Ct. courtswv.gov
- Ivy O'Neal v. West Virginia Office of Health Facility Licensure and Certification, No. 25-ICA-169 (W. Va. Intermediate Ct. App., Memorandum Decision filed Feb. courtswv.gov
Official notices 2
- OHFLAC's "2026-2027 Facility Fee Schedule," effective June 1, 2026 — the current provider-bulletin fee table covering initial/renewal licensure fees by facility type (Nursing Homes $200 initial / $29.31 per bed renewal; oig.wv.gov
- OHFLAC Assisted Living Program memorandum, "Legally Unlicensed Care Homes Criminal Investigation Background (CIB) Check Process," addressed "TO: Proposed Provider" — instructs prospective legally-unlicensed-home operators on the mandatory f… ohflac.wvdhhr.org