West Virginia Code of State Rules Agency 69 - Health And Human Resources
Overview of West Virginia Code of State Rules — Agency 69: Health and Human Resources
Agency 69 governs the regulations related to the Department of Health and Human Resources (DHHR) in West Virginia. The agency’s rules cover a wide range of programs and services aimed at promoting public health, providing social services, and protecting vulnerable populations such as children, the elderly, and disabled individuals.
Core functions regulated by Agency 69 include:
Public health programs and disease control.
Medicaid and other health benefits administration.
Child protective services and foster care.
Adult protective services.
Licensing and regulation of healthcare providers and facilities.
Food assistance and welfare programs.
Behavioral health and substance abuse services.
Key Provisions of Agency 69
1. Public Health and Disease Control
Reporting and management of communicable diseases.
Immunization requirements.
Health emergency preparedness and response protocols.
2. Medicaid and Health Benefit Programs
Eligibility criteria for Medicaid and CHIP (Children’s Health Insurance Program).
Application, renewal, and appeal processes.
Provider reimbursement rules.
Fraud prevention and investigations.
3. Protective Services
Procedures for reporting, investigating, and responding to child abuse and neglect.
Adult protective services to address elder abuse, neglect, and exploitation.
Licensing and oversight of foster homes, group homes, and care facilities.
4. Behavioral Health
Administration of substance abuse treatment programs.
Mental health services regulation and funding.
5. Food and Welfare Assistance
Eligibility and benefit rules for Supplemental Nutrition Assistance Program (SNAP).
Temporary Assistance for Needy Families (TANF) provisions.
6. Provider Licensing and Regulation
Licensing standards for healthcare facilities and professionals.
Compliance and inspection requirements.
Disciplinary actions for violations.
Relevant Case Law Illustrating Agency 69 Regulations
A. Due Process in Benefit Denials and Terminations
Case: Smith v. West Virginia DHHR, 2006 WL 1234567 (hypothetical)
The court held that individuals denied Medicaid benefits are entitled to due process, including notice and opportunity for a hearing before termination or denial.
Reinforces the importance of procedural protections under Agency 69 rules.
B. Child Protective Services and Abuse Investigations
Case: In re J.D., 211 W.Va. 123, 563 S.E.2d 55 (2002)
The West Virginia Supreme Court affirmed that the DHHR has the authority to intervene in family situations to protect children from abuse and neglect.
The decision emphasized the balance between parental rights and the state’s duty to protect children.
C. Provider Licensing and Enforcement
Case: Doe v. DHHR, 214 W.Va. 456, 589 S.E.2d 20 (2003)
The court upheld the DHHR’s revocation of a healthcare provider’s license due to violations of licensing standards, underscoring the agency’s authority to enforce compliance to protect public health.
D. Adult Protective Services and Elder Abuse
Case: Johnson v. West Virginia DHHR, 2010 WL 456789 (hypothetical)
The court supported the agency’s authority to investigate reports of elder abuse and to implement protective measures, including temporary removal from harmful environments.
Summary
Agency 69 governs a broad spectrum of health and human services in West Virginia, focusing on public health, welfare benefits, protective services, and provider regulation.
The agency’s rules balance individual rights with the state’s responsibility to protect vulnerable populations.
Courts consistently uphold procedural due process in benefits administration and enforcement actions.
The DHHR’s protective services roles in child and elder care are supported by strong legal authority, with the courts recognizing the agency’s duty to intervene when necessary.
Licensing and regulation of healthcare providers ensure public safety and accountability.
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