West Virginia
An assisted living residence is any facility, whatever it is called, available for four or more residents that provides personal assistance or supervision to residents who depend on others because of physical or mental impairment and who may need no more than limited and intermittent nursing care. Residences are licensed as small or large, and administrator qualifications differ between the two. In 2024 the statute was moved from Chapter 16, Article 5D to Chapter 16B, Article 5 under the Office of Inspector General (SB 300), and 64CSR14 was refiled effective May 1, 2024, with a sunset date of August 1, 2029.
License categories
Assisted Living Residence (small and large)
Key laws
W. Va. Code § 16B-5-1 et seq. (formerly § 16-5D; recodified by 2024 SB 300)
Assisted Living Residences — official text
W. Va. Code R. § 64-14 (64CSR14)
Assisted Living Residences — official text
Key requirements
- At least one direct care staff person on duty 24 hours a day, plus more staff as residents' needs require; at least one employee with current first aid and CPR on duty at all times (64CSR14 §4)
- Administrator must be 21 or older with an associate degree (large residences) or high school/GED (small residences), must be cleared through the WV Clearance for Access screening program, and needs 8 hours of training a year
- A written resident contract at admission and 30 days' notice before any rate increase
- Resident funds must be managed under bonding/surety requirements
Sources
- https://oig.wv.gov/OHFLAC
- https://ohflac.wvdhhr.org/Programs/AL.html
- https://code.wvlegislature.gov/16B-5/
- https://code.wvlegislature.gov/16B-5-2/
- https://code.wvlegislature.gov/16-5D-5/
- https://www.law.cornell.edu/regulations/west-virginia/W-Va-C-S-R-SS-64-14-1
- https://www.law.cornell.edu/regulations/west-virginia/W-Va-C-S-R-SS-64-14-4
- https://dhhr.wv.gov/bcf/Providers/Pages/Adult-Residential-Services.aspx