Medical Adult Day Care
General Information

Effective July 1, 2009, the Medical Adult Day Care rule was revised.

Opening a Medical Adult Day Care Center

The West Virginia Department of Health and Human Resources, Office of Health Facility Licensure and Certification (OHFLAC) Assisted Living Program is the office responsible for maintaining oversight of Medical Adult Day Care Centers and homes which provide care and services to the elderly, including Assisted Living Residences, Residential Care Communities (RCC) and Legally Unlicensed (L/U) Care Homes. The Assisted Living Program is responsible for assuring compliance with the applicable standards for each facility type by conducting annual surveys and complaint investigations.

It is important to become familiar with the regulatory requirements which apply to Medical Adult Day Care Centers. These standards or requirements, which are more commonly referred to as regulations, have been approved by the WV state Legislature and are intended to assure the appropriate level of care is being is provided in this setting for participants who use these services.

Medical Adult Day Care
W.Va. §16-5B-1 et seq.

An ambulatory health care facility which provides an organized day program of therapeutic, social and health maintenance and restorative services and whose general goal is to provide an alternative to twenty-four (24) hour long term institutional care to elderly or disabled adults who are in need of such services by virtue of physical and mental impairment.

Copies of rules and regulations may be obtained by connecting to OHFLAC website @ www.wvdhhr.org/ohflac/rules

Specific Points to Remember

  1. To be licensed, a completed application must be submitted to OHFLAC along with the application fee of $100.00 and within ninety (90) days prior to opening.
  2. The center must obtain a license by demonstrating substantial compliance with the rules or regulations identified at 64CSR2 – Medical Adult Day Care Centers Licensure Rule.
  3. The director and all other employees must meet the requirements for education and experience as specified in the rule.
  4. You may keep one (1) or more participants, up to the approved licensed capacity.
  5. A sprinkler and fire alarm system may be required. The State Fire Marshalls Office (SFMO) should be contacted to discuss state fire code requirements.
  6. If you are assuming operation of a previously licensed center, the center will be reviewed under current space requirements.
  7. To obtain a copy of the licensure rule, you may submit a request in writing along with a check or money order in the amount of $10.00 payable to the OHFLAC or download a free copy through our website.
  8. If you plan to administer medications, you must have licensed staff to administer medications.
  9. A criminal investigation background check must be completed though the Central Abuse Registry maintained by the West Virginia State Police and submitted with the registration application.