West Virginia Code 16-49-4 – Notice of ineligibility; prohibited participation as direct access personnel or department employee
(a) If the secretary‘s review of the applicant‘s criminal history record information reveals a disqualifying offense, the secretary shall provide written notice to the bureau, covered provider, or covered contractor advising that the applicant is ineligible for work. The secretary may not disseminate the criminal history record information.
Terms Used In West Virginia Code 16-49-4
- Applicant: means an individual who is being considered for employment or engagement with the department, a covered provider or covered contractor. See West Virginia Code 16-49-1
- Bureau: means a division within the Department of Health and Human Resources. See West Virginia Code 16-49-1
- Covered contractor: means an individual or entity, including their employees and subcontractors, that contracts with a covered provider to perform services that include any direct access services. See West Virginia Code 16-49-1
- Covered provider: means the following facilities or providers:
(i) A skilled nursing facility. See West Virginia Code 16-49-1
- Department: means the Department of Health and Human Resources. See West Virginia Code 16-49-1
- Direct access: means physical contact with a resident, member, beneficiary, or client, or access to their property, personally identifiable information, protected health information, or financial information. See West Virginia Code 16-49-1
- Disqualifying offense: means :
(A) A conviction of any crime described in 42 U. See West Virginia Code 16-49-1
- Offense: includes every act or omission for which a fine, forfeiture, or punishment is imposed by law. See West Virginia Code 2-2-10
- Secretary: means the Secretary of the West Virginia Department of Health and Human Resources, or his or her designee. See West Virginia Code 16-49-1
(b) The department, covered provider, or covered contractor may not engage an applicant with a disqualifying offense as direct access personnel. If the applicant has been provisionally employed pursuant to § 16-49-6 of this code, the employer shall terminate the provisional employment upon receipt of the notice.