Law
Residential settings for adults that are used by the Department of Health and Human Resources, Office of Social Services for placement of adults in need of supervised living fall into two distinct categories:
- facilities/homes that are licensed/registered by the Department of Health and Human Resources
- homes that are certified by the Department of Health and Human Resources
The Department of Health and Human Resources (DHHR) will not make placement in any setting that is not appropriately licensed or certified.
Chapter sixteen of the West Virginia Code contains the specific regulations regarding the operation of certain types of residential settings that provide services to adults. These statutes contain specific information for each type of residential setting about the minimum acceptable standards, licensing requirements, monitoring procedures and other important topics. The specific requirements are contained in Chapter 16 of the West Virginia State Code:
- Chapter 16, Article 5C - Nursing Homes
- Chapter 16, Article 5D - Personal Care Homes
- Chapter 16, Article 5E - Legally Unlicensed Health Care Homes
- Chapter 16, Article 5H - Residential Board & Care Homes
The Department of Health and Human Resources, Office of Health Facilities Licensure and Certification (OHFLAC) is the state agency responsible for licensure and monitoring of facilities that operate under the requirements set forth in Chapter 16 of the West Virginia Code. The Department of Health and Human Resources, Bureau for Children and Families is responsible for certifying and monitoring Adult Family Care Homes and Emergency Shelter Care Homes.
