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West Virginia Code Chapter 9. Human Services § 9-6-1. Definitions

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As used in this article:

(1) “Adult protective services agency” means any public or nonprofit private agency, corporation, board or organization furnishing protective services to adults;

(2) “Abuse” means the infliction or threat to inflict physical pain or injury on or the imprisonment of any incapacitated adult or facility resident;

(3) “Neglect” means the unreasonable failure by a caregiver to provide the care necessary to assure the physical safety or health of an incapacitated adult;

(4) “Incapacitated adult” means any person who by reason of physical, mental or other infirmity is unable to independently carry on the daily activities of life necessary to sustaining life and reasonable health;

(5) “Emergency” or “emergency situation” means a situation or set of circumstances which presents a substantial and immediate risk of death or serious injury to an incapacitated adult;

(6) “Financial exploitation” means the intentional misappropriation or misuse of funds or assets of an incapacitated adult or facility resident, but does not apply to a transaction or disposition of funds or assets where a person made a good faith effort to assist the incapacitated adult or facility resident with the management of his or her money or other things of value;

(7) “Legal representative” means a person lawfully invested with the power and charged with the duty of taking care of another person or with managing the property and rights of another person, including, but not limited to, a guardian, conservator, medical power of attorney representative, trustee or other duly appointed person;

(8) “Nursing home” or “facility” means any institution, residence, intermediate care facility for individuals with an intellectual disability, care home or any other adult residential facility, or any part or unit thereof, that is subject to the provisions of § 16-5C-1 et seq., § 16-5D-1 et seq. § 16-5E-1 et seq., or § 16-5H-1 et seq. § 16-5C-1 et seq. of this code;

(9) “Regional long-term care ombudsman” means any paid staff of a designated regional long-term care ombudsman program who has obtained appropriate certification from the Bureau for Senior Services and meets the qualifications set forth in § 16-5I-7 of this code;

(10) “Facility resident” means an individual living in a nursing home or other facility, as that term is defined in subdivision (7) of this section;

(11) “Responsible family member” means a member of a resident's family who has undertaken primary responsibility for the care of the resident and who has established a working relationship with the nursing home or other facility in which the resident resides.  For purposes of this article, a responsible family member may include someone other than the resident's legal representative;

(12) “State Long-term Care Ombudsman” means an individual who meets the qualifications of § 16-5I-5 of this code and who is employed by the State Bureau for Senior Services to implement the State Long-term Care Ombudsman Program;

(13) “Secretary” means the Secretary of the Department of Health and Human Resources.

(14) “Caregiver” means a person or entity who cares for or shares in the responsibility for the care of an incapacitated adult on a full-time or temporary basis, regardless of whether such person or entity has been designated as a guardian or custodian of the incapacitated adult by any contract, agreement or legal procedures.  Caregiver includes health care providers, family members, and any person who otherwise voluntarily accepts a supervisory role towards an incapacitated adult.

Cite this article: - West Virginia Code Chapter 9. Human Services § 9-6-1. Definitions - last updated January 01, 2020 |

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