“Administrator” means an individual designated to be responsible for the day-to-day operation of the recovery residence.

“Department” means the West Virginia Department of Health and Human Resources.

“Drug-free” means that residents shall not use or possess illicit drugs or prescription drugs not prescribed to them. It does not mean a person’s over-the-counter or prescription medication, including psychotropic medication, naloxone, and medication-assisted treatment medications.

“Large recovery residence” means a recovery residence with a bed capacity of 13 or more.

“Medication-assisted treatment” means the use of FDA-approved medications, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders.

“Recovery residence” means a single-family, drug-free, alcohol-free residential dwelling unit, or other form of group housing, that is offered or advertised by any person or entity as a residence that provides a drug-free and alcohol-free living environment with the purpose of promoting sustained, long-term recovery from substance use disorder.

“Resident” means an individual living in a recovery residence.

“Secretary” means the secretary of the West Virginia Department of Health and Human Resources.

“Small recovery residence” means a recovery residence with a bed capacity of 12 or less.

“Substantial compliance” means a level of compliance with this article and rules promulgated thereunder such that identified deficiencies pose no greater risk to resident health or safety than the potential for causing minimal harm.

“Supportive services” means services provided to recovery residents by recovery residence staff or licensed professionals that include, but are not limited to, the following: vocational services, peer support, skills training, housing support, or community resource referral.

“Variance” means written permission granted by the secretary to a recovery-residence that a requirement of this article or rules promulgated thereunder may be accomplished in a manner different from the manner set forth in this article or associated rules.

“Waiver” means a formal, time-limited agreement between the secretary and the recovery residence that suspends a rule, policy, or standard for a specific situation so long as the health and safety of residents is better served in the situation by suspension of the rule, policy, or standard than by enforcement.

§16-59-3. Small recovery residences to obtain licensure; application; fees and inspections.

(a) No person, partnership, association, or corporation may operate a small recovery residence without first obtaining a license from the secretary in accordance with the provisions of this article and the rules lawfully promulgated thereunder.

(b) Any person, partnership, association, or corporation desiring a license to operate a small recovery residence in this state shall file with the Office of Health Facility Licensure and Certification an application in such form and with such information as the secretary shall prescribe and furnish accompanied by an application fee.

(c) The director of the Office of Health Facility Licensure and Certification or his or her designee shall inspect and review all documentation submitted with the application. The director shall issue a license if the facility is in substantial compliance with the provisions of this article and with the rules lawfully promulgated thereunder.

(d) A license shall be issued in one of three categories:

(1) An initial 12-month license shall be issued to a small recovery residence establishing a new, small recovery residence for which there is insufficient resident participation to demonstrate substantial compliance with this article and with all rules promulgated thereunder;

(2) A provisional license shall be issued when a small recovery residence seeks a renewal license or is an existing small recovery residence as of the effective date of this article, and is seeking an initial license, and the small recovery residence is not in substantial compliance with this article and with all rules promulgated thereunder but does not pose a significant risk to the rights, health, and safety of a resident. It shall expire not more than six months from the date of issuance, and may not be consecutively reissued; or

(3) A renewal license shall be issued when a small recovery residence is in substantial compliance with this article and with all rules promulgated thereunder. A renewal license shall expire not more than two years from the date of issuance.

(e) At least 60 days prior to the license expiration, an application for renewal shall be submitted by the small recovery residence to the secretary on forms furnished by the secretary. A license shall be renewed if the secretary determines that the applicant is in compliance with this article and with all rules promulgated thereunder. A license issued to one small recovery residence location pursuant to this article is not transferrable or assignable. Any change of ownership of a licensed small recovery residence requires submission of a new application. The small recovery residence shall notify the secretary of any change in ownership within 10 days of the change and must submit a new application within the time frame prescribed by the secretary.

(f) Any person, partnership, association, or corporation seeking to obtain or renew a license for a small recovery residence in this state must submit to the secretary the following information and documentation:

(1) Full operating name of the small recovery residence;

(2) Legal name of the organization or entity that owns and operates the small recovery residence;

(3) Number of beds in the small recovery residence;

(4) Gender designation of the beds;

(5) Physical and mailing addresses of the small recovery residence;

(6) Level of recovery support provided;

(7) Name, mailing address, and email address of the small recovery residence administrator;

(8) All business licenses issued to the small recovery residence by this state, the state Tax Department, the Secretary of State, and all other applicable business entities, if applicable;

(9) Name and physical address of all recovery residences owned or operated by the applicant;

(10) Notarized signature;

(11) Check or money order for licensure fee;

(12) Policies and procedures for the small recovery residence; and

(13) Other documents which may be required by the secretary to be included with the application.

(g) Upon satisfaction that an applicant has met all the requirements of this article and the rules lawfully promulgated thereunder, the secretary shall issue a license to operate a small recovery residence.

(h) The small recovery residence shall display the current license in a prominent location, accessible and in clear view of all residents.

(i) The secretary or his or her designee shall perform periodic, complaint, and verification inspections on all small recovery residences that are subject to this article and all rules lawfully promulgated thereunder to ensure continued compliance.

(j) Any person, partnership, association, or corporation operating a small recovery residence at the time this article becomes effective shall be permitted to continue operation until the effective date of the new rules promulgated thereunder. At that time a person, partnership, association, or corporation shall file for licensure within six months pursuant to the licensing procedures and requirements of this section and the new rules promulgated hereunder. The existing procedures of the person, partnership, association, or corporation shall remain effective until receipt of the license.

§16-59-4. Large recovery residences to obtain licensure; application; fees and inspection.

(a) No person, partnership, association, or corporation may operate a large recovery residence without first obtaining a license from the secretary in accordance with the provisions of this article and the rules lawfully promulgated thereunder.

(b) Any person, partnership, association, or corporation desiring a license to operate a large recovery residence in West Virginia shall file with the Office of Health Facility Licensure and Certification an application in such form and with such information as the secretary shall prescribe and furnish accompanied by an application fee.

(c) The director of the Office of Health Facility Licensure and Certification or his or her designee shall inspect each large recovery residence and review all documentation submitted with the application. The director shall issue a license if the facility is in substantial compliance with the provisions of this article and with the rules lawfully promulgated thereunder.

(d) A license shall be issued in one of three categories:

(1) An initial 12-month license shall be issued to a large recovery residence establishing a new, large recovery residence for which there is insufficient consumer participation to demonstrate substantial compliance with this article and with all rules promulgated thereunder;

(2) A provisional license shall be issued when a large recovery residence seeks a renewal or is an existing program as of the effective date of this article and is seeking an initial license, and the large recovery residence is not in substantial compliance with this article and with all rules promulgated thereunder but does not pose a significant risk to the rights, health, and safety of a consumer. It shall expire not more than six months from the date of issuance, and may not be consecutively reissued; or

(3) A renewal license shall be issued when a large recovery residence is in substantial compliance with this article and with all rules promulgated thereunder. A renewal license shall expire not more than two years from the date of issuance.

(e) At least 60 days prior to the license expiration date, an application for renewal shall be submitted by the large recovery residence to the secretary on forms furnished by the secretary. A license shall be renewed if the secretary determines that the applicant is in compliance with this article and with all rules promulgated thereunder. A license issued to one recovery residence pursuant to this article is not transferable or assignable. Any change of ownership of a licensed recovery residence requires a submission of a new application. The large recovery residence shall notify the secretary of any change in ownership within 10 days of the change and must submit a new application within the time frame prescribed by the secretary.

(f) Any person, partnership, association, or corporation that seeks to obtain or renew a license for a large recovery residence in this state must submit to the secretary the following documentation:

(1) Full operating name of the large recovery residence;

(2) Legal name of the organization or entity that owns and operates the large recovery residence;

(3) Number of beds in the large recovery residence;

(4) Gender designation of the beds;

(5) Physical and mailing addresses of the large recovery residence;

(6) Level of recovery support provided;

(7) Name, mailing address, and email address of the large recovery residence administrator;

(8) All business licenses issued to the large recovery residence by this state, the state Tax Department, the Secretary of State, and all other applicable business entities, if applicable;

(9) Name and physical address of all recovery residences owned or operated by the applicant;

(10) Notarized signature;

(11) Check or money order for licensure fee;

(12) Policies and procedures for the large recovery residence; and

(13) Other documents which may be required by the secretary to be included with the application.

(h) The large recovery residence shall display the current license in a prominent location, and accessible and in clear view of all residents.

(i) The secretary or his or her designee shall perform periodic, complaint, and verification inspections on all large recovery residences that are subject to this article and all rules lawfully promulgated thereunder to ensure continued compliance.

(j) Any person, partnership, association, or corporation operating a large recovery residence at the time this article becomes effective shall be permitted to continue operation until the effective date of the new rules promulgated thereunder. At that time a person, partnership, association, or corporation shall file for licensure within six months pursuant to the licensing procedures of the person, partnership, association, or corporation shall remain effective until receipt of the license.

§16-59-5. Operational requirements.

(a) The recovery residence shall be licensed in this state. The owner or owning entity of the recovery residence shall be licensed and registered with the Secretary of State, the State Tax Department, and all other applicable business or licensing entities.

(b) Each recovery residence shall designate a recovery residence program administrator that meets the qualifications established by the recovery residence. The program administrator shall be responsible for the operation of the recovery residence, as further specified in the rules promulgated thereunder. He or she may delegate day-to-day operations of the recovery residence as provided in rules promulgated thereunder. Within 10 days after termination of a program administrator, the recovery residence shall notify the secretary of identity of another program administrator for that recovery residence. The program administrator shall:

(1) Be responsible for monitoring and ensuring compliance with all requirements related to the licensing and operation of the recovery residence;

(2) Supervise, control, and direct the activities of each individual working or operating at the recovery residence, including any employee, volunteer, or individual under contract, who provides recovery services at the recovery residence or is associated with the provision of those services. The supervision, control, and direction shall be provided in accordance with rules promulgated by the secretary; and

(3) Complete other requirements prescribed by the secretary by rule.

(c) The recovery residence shall have an owner or owners, program administrator, and employees who have received an eligibility fitness determination or variance from the West Virginia Clearance for Access: Registry and Employment Screening unit of the Department of Health and Human Resources.

(d) Each recovery residence location shall be licensed separately, regardless of whether the recovery residence is operated under the same business name or management as another program.

(e) The recovery residence shall develop the following plans, as further described in the rules promulgated thereunder:

(1) Administrative operations which shall include, but are not limited to, policies and procedures related to mission or vision statement, legal and ethical codes, financial operations, and quality improvement; resident rights; resident involvement in governance and leadership within the recovery residence; and development of appropriate staff training;

(2) Physical environment which shall include, but is not limited to, policies and procedures related to providing a home-like environment, an alcohol-free and drug-free environment; home safety; and emergency plan;

(3) Recovery support which shall include, but is not limited to, policies and procedures related to facilitating active recovery and recovery community engagement; model personal behaviors and relationship enhancement skills; cultivate residents’ sense of belonging and responsibility for community; and

(4) Community relations which shall include, but not limited to, policies and procedures related to courtesy rules and response to neighbor concerns.

(f) The recovery residence shall report information, data, statistics, and other information as directed in the rules promulgated thereunder to required agencies and authorities;

(g) The recovery residence shall immediately notify the secretary, or his or her designee, in writing of any changes to its operations that affect the recovery residence’s continued compliance with the licensure requirements.

§16-59-6. Restrictions; variances and waivers.

(a) A recovery residence shall not have procedures for offering a bounty, monetary, equipment, merchandise reward, free services, or other compensation for individuals in exchange for recruitment of new residents into the recovery residence.

(b) The secretary may grant a waiver or a variance from any licensure standard, or portion thereof, for the period during which the license is in effect.

(1) Requests for waivers or variances of licensure standards shall be in writing to the secretary and shall include:

(A) The specific section of this article or rules promulgated thereunder for which a waiver or variance is sought;

(B) The rationale for requesting the waiver or variance;

(C) Documentation by the recovery residence’s administrator to the secretary that describes how the recovery residence will maintain quality of services and environment and resident safety if the waiver or variance is granted; and

(D) The consequences of not receiving approval of the requested waiver or variance.

(2) The secretary shall issue a written statement to the recovery residence granting or denying a request for a waiver or variance of recovery residence licensure standards.

(3) The recovery residence shall maintain a file copy of all requests for waiver or variances and the approval or denial of the requests for the period during which the license is in effect.

(4) The Office of Health Facility Licensure and Certification may inspect each recovery residence prior to a waiver or variance being granted to ensure and verify that any waiver or variance request meets the spirit and purpose of this article and the rules promulgated thereunder. The Office of Health Facility Licensure and Certification may verify, by unannounced inspection, that the recovery residence is in compliance with any waiver or variance granted by the secretary for the duration of such waiver or variance.

§16-59-7. Inspection; inspection warrant.

(a) The secretary shall issue an initial or provisional license, whichever is applicable, only after an inspection is completed at the recovery residence which finds that the recovery residence complies with the provisions of this article and the rules promulgated thereunder.

(b) The Office of Health Facility Licensure and Certification shall inspect each large recovery residence every two years to ensure that the large recovery residence complies with this article and the applicable rules.

(c) The Office of Health Facility Licensure and Certification shall perform unannounced periodic, complaint, and verification inspections at small and large recovery residences to ensure that the recovery residence complies with this article and the applicable rules.

(d) During an onsite inspection, the inspectors shall make a reasonable effort to discuss each violation with the administrator or other owners of the recovery residence before issuing a formal written notification.

(e) Any action to correct a violation shall be documented in writing by the administrator or other owners of the recovery residence and may be verified by follow-up visits by the Office of Health Facility Licensure and Certification.

(f) Notwithstanding the existence or pursuit of any other remedy, the secretary may, in the manner provided by law, maintain action in the name of the state for an inspection warrant against any person, partnership, association, or corporation to allow any inspection or seizure of records in order to complete any inspection allowed by this article or the rules promulgated thereunder, or to meet any other purpose of this article or the rules promulgated thereunder.

§16-59-8. License limitation; denial; suspension; revocation.

(a) The secretary may, by order, impose a ban on the admission of residents or reduce the resident capacity of the recovery residence, or any combination thereof, when he or she finds upon inspection of the recovery residence that the licensee is not meeting the minimum standards in this article and the rules promulgated thereunder and such violations pose a high risk to the safety, health, and well-being of the residents under the recovery residence’s existing resident quota, and that a reduction in quota or imposition of a ban on admissions, or any combination thereof, would place the licensee in a position to adequately meet the minimum standards and not pose a high risk to the safety, health, and welfare of the residents. Any notice to a licensee of reduction in quota or ban on new admissions shall include the terms of the order, the reasons therefor, and the date set for compliance.

(b) The secretary may deny, suspend, or revoke a license issued pursuant to this article if the provisions of this article or of the rules promulgated thereunder are violated. The secretary may revoke a recovery residence’s license based upon a periodic, complaint, verification, or other inspection and evaluation.

(c) When any such license is denied, suspended, or revoked, however, written notice shall be given to the licensee stating the grounds for such denial, suspension, or revocation.

(d) An applicant or licensee has 10 working days after receipt of the secretary’s order denying, suspending, or revoking a license to request a formal hearing contesting such denial, suspension, or revocation of a license under this article. If a formal hearing is requested, the applicant or licensee and the secretary shall proceed in accordance with the provisions of W. Va. Code §29A-5-1, et seq.

(e) If a license is denied or revoked as herein provided, a new application for license shall be considered by the secretary, if, when, and after the conditions upon which the denial or revocation was based have been corrected and evidence of this fact has been furnished. A new license shall then be granted after proper inspection, if applicable, has been made and all provisions of this article and rules promulgated thereunder have been satisfied.

(f) Any applicant or licensee who is dissatisfied with the decision of the secretary as a result of the formal hearing provided in this section may, within 30 days after receiving notice of the decision, petition the Intermediate Court of Appeals for judicial review of the decision.

(g) If the license of a recovery residence is denied, suspended, or revoked, the administrator of the recovery residence, any owner of the recovery residence, or owner or lessor of the recovery residence real property shall cease to operate the residence as a recovery residence as of the effective date of the denial, suspension, or revocation. The owner or lessor of the recovery residence real property is responsible for removing all signs and symbols identifying the premises as a recovery residence within 30 days. Any administrative appeal of such denial, suspension, or revocation shall not stay the denial, suspension, or revocation.

(h) If the license of a recovery residence is suspended or revoked, any person named in the licensing documents of the recovery residence, including persons owning or operating the recovery residence may not, as an individual or as part of a group, apply to operate another recovery residence for up to five years after the date of suspension or revocation. The secretary may grant a variance pursuant to section six of this article to the prohibition of this subsection.

(i) The period of suspension for the license of a recovery residence shall be prescribe by the secretary, but may not exceed one year.

§16-59-9. Violations; penalties; injunction.

(a) Any person, partnership, association, or corporation which establishes, conducts, manages, or operates a recovery residence without first obtaining a license as herein provided, or who violates any provisions of this article or any rule lawfully promulgated thereunder, shall be assessed a civil penalty by the secretary in accordance with this subsection. Each day of continuing violation after notification of the infraction shall be considered a separate violation:

(1) If a recovery residence or any owner is found to be in violation of any provision of this article, unless otherwise noted herein, the secretary may limit, suspend, or revoke the recovery residence’s license;

(2) If the administrator or owner knowingly and intentionally misrepresents actions taken to correct a violation, the secretary may impose a civil money penalty not to exceed $5,000;

(3) If any owner or entity of a recovery residence concurrently operates an unlicensed recovery residence, the secretary may impose a civil money penalty upon the owner or entity, or both, not to exceed $2,500 per day.

(4) If the owner of a recovery residence that requires a license under this article fails to apply for a new license for the recovery residence upon a change of ownership and operates a recovery residence under new ownership, the secretary may impose a civil money penalty upon the owner or entity, not to exceed $2,500; or

(5) If an owner or recovery residence owner knowingly operates, owns, or manages an unlicensed recovery residence that is required to be licensed pursuant to this article, obtains a license to operate a recovery residence through misrepresentation or fraud; procures or attempts to procure a license for a recovery residence for any other person by making or causing to be make any false representation, the secretary may assess a civil money penalty of not more than $10,000. The penalty may be in addition to or in lieu of any other action that may be taken by the secretary or any other board, court, or entity.

(b) Notwithstanding the existence or pursuit of any other remedy, the secretary may, in the manner provided by law, maintain an action in the name of the state for an injunction against any person, partnership, association, or corporation to restrain or prevent the establishment, conduct, management, or operation of any recovery residence which does not comply with this article or the rules promulgated thereunder, or violation of any provision of this article or any rule lawfully promulgated thereunder without first obtaining a license in the manner herein provided.

(c) In determining whether a penalty is to be imposed and in fixing the amount of the penalty, the secretary shall consider the following factors:

(1) The gravity of the violation, including the probability that death or serious physical or emotional harm to a resident has resulted, or could have resulted, from the recovery residence’s actions or the actions of the administrator, the severity of the action or potential harm, and the extent to which the provisions of the applicable laws or rules were violated;

(2) What actions, if any, the owner or administrator took to correct the violations;

(3) Whether there were any previous violations at the recovery residence; and

(4) Upon finding that an owner or administrator has violated the provisions of this article or rules adopted pursuant to this article, the secretary shall provide notice of the violation to an applicable professional licensing board, if any.

§16-59-10. Advertisement disclosure.

Any advertisement made by or on behalf of a recovery residence through public media, such as a telephone directory, medical directory, newspaper or other periodical, outdoor advertising, radio or television, social media platforms, website, or through written or recorded communication, concerning the operation or advertisement of a recovery residence, as defined in section two of this article, shall include the name of, at a minimum, the operating entity and individual responsible for the content of the advertisement.

§16-59-11. Rule-making; minimum standards for recovery residences.

(a) The secretary shall promulgate rules in accordance with the provisions of §29A-3-1 et seq. of this code for the licensure of small recovery residences and large recovery residences to ensure adequate treatment, health, safety, and welfare of residents at these recovery residences. These rules shall include, at a minimum:

(1) The process to be followed by applicants seeking a license;

(2) The management and operation of recovery residence;

(3) The clinical, medical, resident, and business records kept by the recovery residence;

(4) The procedures for inspections and for review of utilization and quality of resident care;

(5) The standards and procedures for general operation of each type of recovery residence, including, but not limited to, recovery residence operations, physical operations, infection control requirements, health and safety requirements, and quality assurance;

(6) Any other criteria that identify a residence as a recovery residence;

(7) The standards and procedures to be followed by an owner in providing supervision, direction, and control of individuals employed by or associated with a recovery residence;

(8) Data collection and reporting requirements based on the recovery residence setting; and

(9) Such other standards or requirements as the secretary determines are appropriate for each recovery residence setting.

(b) The Legislature finds that an emergency exists and, therefore, the secretary shall file an emergency rule to implement the provisions of this article pursuant to W. Va. Code §29A-3-15.

Adopted

Rejected