69CSR15

69CSR15 Recovery Residence Certification and Accreditation Program

This West Virginia rule establishes a mandatory registration program and voluntary certification/accreditation program for recovery residences (drug-free and alcohol-free sober living homes) operating in the state. Operators must register with OHFLAC, pay fees, submit quarterly data, and comply with inspection and complaint investigation procedures. Certified residences must meet NARR standards administered through a contracted certifying agency, maintain resident rights policies and grievance procedures, and are subject to certificate revocation and reinstatement processes. Penalties for operating without registration include civil money penalties up to $20,000 per day and potential closure.

TITLE 69
LEGISLATIVE RULE
DEPARTMENT OF HEALTH AND HUMAN RESOURCES

SERIES 15
RECOVERY RESIDENCE CERTIFICATION AND ACCREDITATION PROGRAM

§69-15-1. General.

1.1. Scope. – This rule establishes criteria for recovery residence certification, revocation, and reinstatement; contracting with the certifying agency; monitoring of the certifying agency and evaluation of the accreditation program; and a grievance procedure for recovery residents. This rule further establishes the mandatory registration of all recovery residences operating within the state with the Office of Health Facility Licensure and Certification, establishes fees for registrations, creates penalties for failing to register, and provides for due process. The purpose of this rule is to safeguard the rights and well-being of recovery residents by requiring certain standards for voluntary recovery residence certification and a clear process for resident grievances. 

1.2. Authority. – W. Va. Code §16-59-2(b) and §16-59-2(g).

1.3. Filing Date. – May 29, 2025.

1.4. Effective Date. – June 5, 2025.

1.5. Sunset Provision. – This rule shall terminate and have no further force or effect on August 1, 2030.

§69-15-2. Definitions.

2.1. Definitions incorporated by reference. -- Those terms defined in W. Va. Code §16-59-1 are incorporated herein by reference.

2.2. “Act” means the provisions of W. Va. Code §16-59-1, et seq.

2.3. “Bureau” means the Bureau for Behavioral Health within the West Virginia Department of Human Services.

2.4. Certifying agency” means the entity contracted to certify recovery residences pursuant to W. VA. Code §16-59-2(a).

2.5. “Drug-free” means that residents shall not use or possess illicit drugs or prescription drugs not prescribed to them. It does not mean a person’s over-the-counter or prescription medication, including psychotropic medication, naloxone, and medication-assisted treatment (MAT). 

2.6. “Medication-Assisted Treatment” or “MAT” means the use of FDA-approved medications, in combination with counseling and behavioral therapies, to provide a whole-patient approach to the treatment of substance use disorders. 

2.7. “Substance Use Disorder” or “SUD” means the recurrent use of alcohol or drugs that causes clinically significant impairment, including health problems, disability, and failure to meet major responsibilities at work, school, or home. 

2.8. “Supportive Services” means services provided to recovery residents by recovery residence staff or licensed or appropriately credentialed professionals that include, but are not limited to, the following:

2.8.1. Vocational services;

2.8.2. Peer support; 

2.8.3. Skills training;

2.8.4. Housing support; or 

2.8.5. Community resource referral.

§69-15-3. Certifying Agency.

3.1. The bureau shall contract with a certifying agency to administer the recovery residence voluntary certification program for drug-free and alcohol-free recovery residences as follows: 

3.1.1. The certifying agency shall use standards determined by NARR or a similar entity;

3.1.2. The contract may last up to two years and may be renewed based upon satisfactory accreditation program performance; and

3.2. The bureau shall monitor the certifying agency as follows:

3.2.1. Review the certifying agency’s certification procedures;

3.2.2. Review documentation of each certified recovery residence’s compliance with NARR standards and those in section four of this rule;

3.2.3. Receive appeals by recovery residences of certificate revocation by the certifying agency, as described in section five of this rule; and

3.2.4. Receive appeals by recovery residents of their grievances against recovery residences to the certifying agency, as described in section eight of this rule and create a procedure to hear and attempt to resolve any recovery resident’s grievances.

§69-15-4. Minimum Standards for Recovery Residence Certification.

4.1. The certifying agency shall establish and implement an accreditation program for drug-free and alcohol-free recovery residences in accord with W. Va. Code §16-59-1, et seq.

4.2. To receive a certificate of compliance, a recovery residence must meet or exceed the current NARR standards as well as additional requirements in the Act. 

4.3. A certificate of compliance should specify the following:

4.3.1. Name of the recovery residence;

4.3.2. Business name of the organization or entity that owns and operates the recovery residence;

4.3.3. Number of beds permitted under the certificate;

4.3.4. Gender designation of the beds;

4.3.5. Address of the recovery residence;

4.3.6. Type of certification (i.e., initial or renewal);

4.3.7. Level of recovery support provided;

4.3.8. Duration of the certificate of compliance;

4.3.9. Date of issue; and

4.3.10. Certificate number.

4.4. Certified recovery residences must apply for recertification at least every two years or more frequently as required by the certifying agency.

4.5. The certifying agency shall update a list of certified recovery residences at least quarterly, post the list on its website, and share the list with the department, bureau, certifying agency’s board of directors, and other stakeholders. The list shall include each certified recovery residence’s certificate of compliance specifications, mailing address, phone number, contact person, and website (if available).

4.6. This rule does not permit a structure that would not be normally classified as a single-family dwelling to be exempt from the state building code or fire code.

§69-15-5. Procedure for Revocation and Reinstatement of Recovery Residence Certification.

5.1. The certifying agency may revoke a recovery residence’s certificate of compliance for the following reasons:

5.1.1. The recovery residence administrator provides false or misleading information to the certifying agency at any time;

5.1.2. Monitoring or inspection shows the recovery residence is in violation of a NARR standard, the Act, has a deficiency that creates an immediate jeopardy, or other requirements of the certifying agency;

5.1.3. The recovery residence fails to cooperate with the department, bureau, or certifying agency investigation of a complaint; or 

5.1.4. Resident complaints or grievances indicate safety concerns, discrimination, abuse, or other practices detrimental to the well-being of residents.

5.2. The certifying agency shall send written notice, via certified mail, to the recovery residence of revocation of a certificate of compliance. The written notice shall include the following:

5.2.1. Effective date of the revocation;

5.2.2. The basis for revocation of the certificate of compliance;

5.2.3. The locations to which the revocation applies; and

5.2.4. Remedial measures the recovery residence may take, if any, for the certifying agency to consider reinstatement of the certificate of compliance.

5.3. If the certifying agency finds a deficiency that creates an immediate jeopardy:

5.3.1. The certifying agency may serve the notice of deficiency in person;

5.3.2. The certifying agency shall provide the recovery residence operator with a notice of deficiency, at the time of the certification visit, and the recovery residence shall immediately take actions to correct the listed deficiencies before the certifying agency departs the premises.

5.3.2.a. If the operator is unable to correct all of the listed deficiencies prior to the certifying agency departing the premises, then the certifying agency has the authority to revoke any applicable certification immediately and give the operator of the recovery residence up to five calendar days to transfer existing residents to another certified recovery residence.

5.4. The certifying agency and recovery residence shall work together to address the needs of residents affected by a revocation of the recovery residence’s certificate of compliance.

§69-15-6. Registration of Recovery Residences.

6.1. No person, partnership, association, or corporation may operate a recovery residence in the State of West Virginia without first obtaining a registration pursuant to W. Va. Code §§16-59-1, et seq. and this rule.

6.2. A registration is valid only for the location and persons named and described in the application. 

6.3Each recovery residence location shall be registered separately, regardless of whether the recovery residence is operated under the same business name or management as another recovery residence.

6.4. Each recovery residence shall provide to each existing participant as of the effective date and upon acceptance into the recovery residence to each participant thereafter, information and contact information for the Office of Health Facility Licensure and Certification in a format that is provided and approved by the Office of Health Facility Licensure and Certification. The information regarding how to make a complaint with the Office of Health Facility Licensure and Certification and regarding human trafficking, as approved and provided by the Office of Health Facility Licensure and Certification on their website, shall be posted in a common area in each recovery residence.

6.5. The Office of Health Facility Licensure and Certification shall make an application form publicly available on its website that includes a request for the following information:

6.5.1. The identity, address, and telephone number of the applicant;

6.5.2. The name, business address, and telephone number of the contact person for the applicant;

6.5.3. When applicable, the federal employer identification number for the applicant;

6.5.4. Whether the recovery residence is certified by the certifying agency and, if so, a copy of the current certificate of compliance from the certifying agency;

6.5.5. Whether the recovery residence accepts minor children of participants or individuals under the age of 18;

6.5.6. A copy of the recovery residence application and agreement;

6.5.7. Disclose and list any other healthcare facility and recovery residence owned or managed by the applicant in any state in the United States; and

6.5.8. Disclose whether the applicant is part of any lawsuit or regulatory action in any state in the United States related to patient care, human trafficking, labor exploitation, or financial misconduct.

6.6. Term and Fee.

6.6.1. The term of registration shall be one year from the date of issuance.

6.6.2. All applicants for an initial or renewal registration shall be accompanied by a non-refundable fee in the amount required in W. Va. Code §16-59-4. In addition to the set fee, and the annual renewal fee shall be adjusted on the first day of June of each year to correspond with increases in the consumer price index. The Office of Health Facility Licensure and Certification shall post the annual consumer price index increases on its website. The base amounts for initial and renewal fees are stated in W. Va. Code §16-59-4.

6.7. If the ownership of a recovery residence changes, the new owner shall notify the Director within 10 calendar days and immediately apply for a new registration. The new owner’s application for recovery residence is valid for three calendar months from the date the application is received by the Director.

6.8. The recovery residence shall notify the Director within 30 calendar days prior to a change in name or physical address of the recovery residence and request an application form for a registration amendment.

6.9. The Director or his or her designee may enter the premises of any place if the Director has reasonable belief that it is being operated or maintained as a recovery residence without a registration.

6.10. If the owner, staff member, or other person in charge of a recovery residence or any other place believed to being operated as an unregistered recovery residence based upon reasonable belief, refuses entry pursuant to this rule, the Inspector General shall petition the Circuit Court of Kanawha County or the county in which the recovery residence is located for an inspection warrant.

6.11. If the Director finds on the basis of an inspection that any person, partnership, association, or corporation is operating as a recovery residence without a registration, the recovery residence shall apply for a registration within 10 calendar days.

6.12. A recovery residence that fails to apply for registration is subject to the penalties established in this rule.

6.13. A recovery residence shall surrender an expired, revoked, or otherwise invalid registration to the Director upon written demand.

6.14. Registration.

6.14.1. The Director shall issue a registration, as appropriate, to an applicant when the Director determines an applicant has submitted a complete application and paid the required registration fee. 

6.14.2. The registration may be in paper or electronic form, is nontransferable, and shall prominently list the expiration date of the registration.

6.14.3. A list of all recovery residences shall be made publicly available on the Office of Health Facility Licensure and Certification website.

6.14.4. Initial Registration.

6.14.4.a. Any existing recovery residence, as of the effective date of the emergency rule, shall have three calendar months from such effective date to submit an initial registration application.

6.14.4.b. A new recovery residence, not in operation as of the effective date of the emergency rule, shall apply for an initial registration not less than 30 calendar days and not more than 60 calendar days before the recovery residence begins operations.

6.14.5. Renewal Registration. A recovery residence shall submit an application for a renewal registration with the Director not less than 60 calendar days prior to the expiration of the current registration. After the Director receives a complete renewal application with the required fee, the existing registration shall not expire until the new registration has been issued or denied. The West Virginia Department of Human Services must be copied on the complete renewal application.

6.15. Inspections; Complaints.

6.15.1. The Director may conduct unannounced inspections of a recovery residence for cause if the Director has received a complaint that is under his or her authority to investigate or has reason to believe that the recovery residence may be operating in violation of federal or state statutes, rules, or regulations. If the recovery residence is certified and the complaint involves a standard covered under the certifying agency standard, the complaint will be forwarded to the certifying agency.

6.15.2. Any person may file a complaint with the Director alleging violation of applicable laws, rules, or regulations by a recovery residence. A complaint may be made anonymously by any person. A complaint shall identify the recovery residence by name and state the nature of the complaint. 

6.15.3. Complaints received by the Office of Health Facility Licensure and Certification which involve a certified recovery residence shall be shared with the certifying agency. Complaints received by the certifying agency shall be shared with the Office of Health Facility Licensure and Certification and the Bureau for Behavioral Health. Information shared between the Office of Health Facility Licensure and Certification and the certifying agency is to be kept confidential unless referral or involvement from other state agencies is required or appropriate. 

6.15.4. At the time of any onsite investigation activity, the investigator shall notify the contact person identified in the application for the recovery residence of the general reason for the investigation.

6.15.5. Within 15 working days of the investigation, the Director shall provide to the contact person identified in the application for the recovery residence a written report of the results of the investigation. The report shall specify any deficiency found and the rule that forms the basis for the violation.

6.15.6. Within 10 working days after receipt of the inspection report, the contact person identified in the application for the recovery residence shall submit to the Director for approval a written plan to correct all deficiencies that are in violation of section six of this rule. The plan of correction shall specify:

6.15.6.a. Any action taken, or procedures proposed to correct the deficiencies and prevent their reoccurrence;

6.15.6.b. The date of completion of each action taken or to be taken; and

6.15.6.c. The signature of the contact person identified in the application for the recovery residence.

6.15.7. The proposed plan of correction shall be approved, modified, or rejected by the Director in writing. The recovery residence may make modifications to the plan at a later date in conjunction with the Director.

6.15.8. The Director shall state the reasons for rejection or modification of any plan of correction.

6.15.9. The contact person identified in the application for the recovery residence shall submit a revised plan of correction to the Director within 10 working days of receipt of a rejection by the Director.

6.15.10. The recovery residence shall immediately correct a violation that severely risks the health, safety, or welfare of a resident.

6.15.11. The Director shall determine if satisfactory corrections have been made and advise the recovery residence of any compliance or continued deficiencies in writing.

6.15.12. The Director may provide consultation to the recovery residence in obtaining compliance with this rule.

6.15.13. The Director, in consultation with the Inspector General, may impose a civil money penalty, revoke a registration, or take such other action as deemed appropriate to address any violations or deficiencies. In the event the Direction, in consultation with the Inspector General, determines that the continued operation of a recovery residence is a threat to the health, safety, and welfare of its residents, the Director, in consultation with the Inspector General, may issue an order immediately closing the recovery residence pursuant to the procedures stated in section six of this rule.

6.15.14. Upon completion of the investigation, the Director shall notify the complainant whether the allegations have been substantiated and how to obtain a copy of the report. If the complaint was made anonymously, no such notice shall be sent.

6.15.15. The Director shall keep confidential any information that could reasonably lead to the identification of a complainant and of any patient involved in the complaint or investigation. The Director shall not disclose such information without the written consent of the complainant or resident. The Director shall delete any identifying information before disclosure of investigative information to the public.

6.15.16. If a complaint becomes the subject of a judicial proceeding, nothing in this rule prohibits the disclosure of information that would otherwise be disclosed in judicial proceedings.

6.16. Inspection Reports and Records.

6.16.1. The Director shall keep on file a report of any inspection, survey, or investigation of a recovery residence.

6.16.2. Information in reports or records shall be available to the public except for the following:

6.16.2.a. Information regarding complaints and subsequent investigations that are deemed confidential by any provision of section six of this rule or applicable state or federal laws;

6.16.2.b. Information of a personal nature from a resident or personnel file; or 

6.16.2.c. Information required to be kept confidential by state or federal law, including but not limited to the data and information to be reported pursuant to section seven of this rule.

6.16.3. The Director will not make a report public until the recovery residence has the opportunity to review the report, submit a plan of correction, and have that plan of correction approved by the Director.

6.16.4. The Office of Inspector General is to be given access upon request to any and all Medicaid reimbursement data and information for any recovery residence from the Bureau of Medical Services for investigatory, monitoring, or regulatory purposes.

6.17. Resident Exit Survey.

6.17.1. Upon discharge of a resident, the recovery residence shall provide to the discharged resident a link or QR code for the resident to be able to complete an exit survey in a form to be prescribed by the Office of Health Facility Licensure and Certification.

6.18. Referral of Complaints.

6.18.1. The Office of Health Facility Licensure and Certification, the certifying agency, and the West Virginia Fusion Center may refer complaints and information received among each other and with law enforcement and criminal justice support agencies, as appropriate.

6.19. Denial and Revocation of Registration.

6.19.1. A recovery residence may appeal the denial of an initial or renewal registration pursuant to section 6.19. of this rule.

6.19.1.a. The Director, in consultation with the Inspector General, may deny any application for an initial or renewal registration or revoke an existing registration if:

6.19.1.a.1. The Director, in consultation with the Inspector General, determines that the application is deficient in any respect;

6.19.1.a.2. The Director, in consultation with the Inspector General, determines that fraud or other illegal action has been committed by the operators of the recovery residence;

6.19.1.a.3. The recovery residence will not be or is not being operated in accordance with federal or state standards, laws, and rules;

6.19.1.a.4. The recovery residence conducts practices that jeopardize the health, safety, and welfare of a resident;

6.19.1.a.5. The recovery residence has made misrepresentations in obtaining certification or registration;

6.19.1.a.6. The recovery residence has made misrepresentations in any required data reporting under section seven of this rule; and

6.19.1.a.7. The recovery residence will not permit an inspection or survey to proceed or will not permit timely access to records or information deemed relevant by the Director.

6.19.1.b. If the Director, in consultation with the Inspector General, determines not to issue a registration, the Director shall notify the applicant in writing of the denial and the basis for the decision. Following the denial, an existing residence must follow closure procedures in this rule, including notification to existing residents.

6.20. Penalties.

6.20.1. A civil money penalty of up to $20,000 a day may be assessed against an owner who operates, owns, or manages an unregistered recovery residence. Each day of the continuing violation after the civil money penalty is assessed may be considered a separate violation.

6.20.2. If the recovery residence has not applied for registration within 30 calendar days from the date of receipt of the initial notice, the Director shall notify the certifying agency to revoke the recovery residence’s certificate of compliance, issued pursuant to W. Va. Code §16-59-2 and herein provided, for non-compliance with this section.

6.20.3. If the recovery residence has not applied for registration within 30 calendar days from the date of receipt of the initial notice, and if such recovery residence does not have a certificate of compliance from the certifying agency, then the Director shall issue a closure notice to the recovery residence for non-compliance.

6.21. Notwithstanding the existence or pursuit of any other remedy, the Inspector General may, in the manner provided by law, maintain an action in the name of the State for an injunction against any person, partnership, association, or corporation to restrain or prevent the establishment, conduct, management, or operation of any recovery residence or violation of any provisions of section six of this rule without first obtaining a registration therefore in the manner hereinbefore provided. The Inspector General may also seek injunctive relief if the establishment, conduct, management, or operation of any recovery residence, whether registered or not, jeopardizes the health, safety, or welfare of any or all of its residents. 

6.22. Notice and Due Process.

6.22.1. Notice required by section six of this rule for any penalty, including, but not limited to a denial or revocation of a registration by the Office of Health Facility Licensure and Certification, shall be provided by the Director, in consultation with the Inspector General, in writing, stating the grounds of the denial, revocation, or penalty and the date set for any enforcement action.

6.22.2. The notice shall be sent by certified mail by the Director to the individual identified in the application by the recovery residence to receive such notices.

6.22.3. Within 10 calendar days of receipt of the notice, the owner or owners of the recovery residence may submit a request for an informal meeting with the Director or an administrative hearing before the Board of Review.

6.22.4. The recovery residence and its owner or owners shall be entitled to be represented by legal counsel at the informal meeting or at the administrative hearing at their own expense.

6.22.5. All of the pertinent provisions of W. Va. Code §29A-5-1, et seq., and W. Va. Code R. §§69-1-1, et seq., shall apply to and govern any hearing authorized by section six of this rule.

6.22.6. If an owner fails to request a hearing within the time frame specified, he or she shall be subject to the full penalty imposed.

6.22.7. The filing of a request for an informal meeting or an administrative hearing does not stay or supersede enforcement of the action taken by the Director. The Director, in consultation with the Inspector General, may, upon good cause shown, stay such enforcement. 

6.22. Administrative Appeals and Judicial Review.

6.22.1. Any party who disagrees with the final administrative decision by the Board of Review as a result of an administrative hearing, may within 30 calendar days after receiving notice of the decision, appeal the decision of the Board of Review to the West Virginia Intermediate Court of Appeals.

6.22.2. The filing of a petition for appeal does not stay or supersede enforcement of the final decision or order of the Director. An appellant may apply to the West Virginia Intermediate Court of Appeals for a stay of or to supersede the final decision or order.

6.22.3. The West Virginia Intermediate Court of Appeals may affirm, modify, or reverse the final administrative decision. The owner or owners, or the Inspector General, may appeal the court’s decision to the West Virginia Supreme Court of Appeals.

§69-15-7. Collection of Data from Certified Recovery Residences. 

7.1. All recovery residences shall submit the following data to the Office of Health Facility Licensure and Certification as described in this section:

7.1.1. The state residency or citizenship of each individual resident;

7.1.2. Whether the resident is receiving medication-assisted treatment and the name of the treatment provider, along with any and all referral, profit sharing, or any other agreements between the participant, recovery residence, or provider, or any combination thereof;

7.1.3. The specific source of all referrals the recovery residence received;

7.1.4. The number of hours the resident volunteered or worked for any business, organization, or other entity that is owned, in whole or in part, or affiliated with the recovery residence, any parent company, or employee, as a condition or part of the resident’s stay at the recovery residence, the hourly rate the resident is paid for any such work, and the total amount of payments or benefits received from the resident’s work;

7.1.5. The monthly rent the resident paid, any rent paid by a third party or outside source, and any rent reductions, including but not limited to, no rent or deferred rent, the resident received for working or volunteering, or any other reasons;

7.1.6. The length of the resident’s stay and, if known, where the resident went after leaving the residence, and reason the resident left;

7.1.7. Whether the resident is receiving any other behavioral health treatment and the name of the treatment provider, along with any and all referral, profit sharing, or any other agreements between the participant, recovery residence, or provider, or any combination thereof;

7.1.8. Retain copies of all leases or participation agreement or terms required of any participant that have been provided to new participants or signed by any participant during the reporting period, for five years after the resident leaves the recovery residence and make them available to the Office of Inspector General and Department of Human Services upon request;

7.1.9. Retain copies of any agreements for referrals, financial compensation, or any agreement between a recovery residence and a provider of treatment which have been in effect during the reporting period, for five years after the resident leaves the recovery residence and make them available to the Office of Inspector General and Department of Human Services upon request; and

7.1.10. Any other information the Director of the Office of Health Facility Licensure and Certification may require to analyze the performance of the recovery residence and determine if patient brokering, human trafficking, or other criminal activity is occurring.

7.2. The recovery residence shall submit the data in a form prepared by the Office of Health Facility Licensure and Certification or in data collection system approved by the Office of Health Facility Licensure and Certification. The recovery residence shall copy the Department of Human Services on its data submission.

7.2.1. Data and information required to be submitted in this section shall be submitted quarterly as follows for any calendar year:

7.2.1.a. Quarterly data for the calendar months of January, February, and March shall be submitted no later than April 15 of the same calendar year;

7.2.1.b. Quarterly data for the calendar months of April, May, and June shall be submitted no later than July 15 of the same calendar year;

7.2.1.c. Quarterly data for the calendar months of July, August, and September shall be submitted no later than October 15 of the same calendar year; and 

7.2.1.d. Quarterly data for the calendar months of October, November, and December shall be submitted no later than January 15 of the next calendar year.

7.2.2. The reporting deadline will be April 15, 2025 and include the period of January 1, 2025 through March 31, 2025, and continue to be submitted quarterly as described in this section.

7.2.3. A recovery residence’s initial reporting period will be the first reporting deadline as described in this section after the initial registration, regardless of whether the recovery residence has been registered for the entire reporting period time frame.

7.2.4. Data reported pursuant to this section shall be shared as prescribed in W. Va. Code §16-59-2(b)(3) by the Department. Information shared shall take all necessary precautions to protect the personal identifiable information and HIPAA covered information contained therein.

7.3. With each data submission, the recovery residence shall attest that they are reporting true and accurate information. Misrepresentation, falsification, or fraudulent reporting may result and be grounds for the revocation of a registration, certification, or both.

7.4. The Office of Health Facility Licensure and Certification and the certifying agency may contact participants of recovery residents to verify information reported by the recovery residence and make other inquiries of the participant regarding the recovery residence. Participation by participants is voluntary. All communication between a participant and the Office of Health Facility Licensure and Certification or the certifying agency is confidential from disclosure to the public and to the recovery residence. A recovery residence is not entitled to and may not be present, inquire as to who or what was discussed, or otherwise coerce, demand, force, or intimidate participants into disclosing the same to the recovery residence. If any recovery residence is found to be doing the same, it may be grounds for revocation of a registration or certification.

7.5. All data collected or shared under this section is exempt from disclosure pursuant to W. Va. Code §§29B-1-1, et seq. by any agency in possession there of as a result of the provisions of this rule or W. Va. Code §§16-59-1, et seq.

§69-15-8. Certified Recovery Residents’ Rights.

8.1. Each certified recovery residence shall establish and adhere to a written policy, consistent with this rule series, regarding the rights and responsibilities of residents, which shall be explained to residents at the time of admission. Receipt of the rights by the resident shall be indicated by a signature and date by the resident on a line for that purpose on the admission agreement. 

8.2. The rights and responsibilities of residents shall be posted prominently in the certified recovery residence.

8.3. Each certified recovery residence shall establish an accessible, written grievance procedure for resolving residents’ concerns or complaints that is explained to residents at the time of admission and posted in a prominent, public place on each floor of the residence. The grievance procedure shall include at a minimum, time frames, a process for responding to residents in writing within 10 calendar days, and the next steps a resident may take if the complaint or grievance is not resolved to the resident’s satisfaction at the recovery residence level.

8.3.1. The certified residence shall assist a resident with grievances and recommended changes in policies without fear of reprisal, interference, punishment, or discrimination.

8.3.2. The resident may submit any grievance he or she finds unsatisfactorily resolved by the recovery residence to the certifying agency, in writing, within 10 business days after receiving the recovery residence’s decision.

8.3.3. The resident may submit any grievance he or she finds unsatisfactory resolved by the certifying agency to the bureau for a final decision of his or her grievance. Any grievance submitted to the bureau must be submitted in writing within 10 calendar days from the final decision of the certifying agency and mailed to the bureau’s current address. Resident’s grievances submitted to the bureau must include all writings submitted to and received from the recovery residence and certifying agency.

§69-15-9. Administrative Due Process of Certification.

9.1. Before any certificate of compliance is suspended or revoked by the certifying agency, written notice shall be given to the owner or owners of the recovery residence, stating the grounds of the suspension, revocation, or penalty and the date set for any enforcement action.

9.1.1. The notice shall be sent by certified mail to the owner or owners at the owner’s business address.

9.1.2. Within 30 calendar days of receipt of the notice, the owner or owners may submit a request for an administrative hearing before the Office of the Inspector General’s Board of Review or an informal meeting with the Bureau to address and resolve the findings.

9.1.3. The recovery residence and its owner or owners shall be entitled to be represented by legal counsel at the informal meeting or at the hearing at their own expense.

9.1.4. All of the pertinent provisions of W. Va. Code §§29A-5-1, et seq., and W. Va. Code R. §§69-1-1, et seq., shall apply to and govern any hearing authorized by this rule.

9.1.5. If an owner fails to request a hearing within the time frame specified, he or she shall be subject to the full penalty imposed.

9.1.6. The filing of a request for a hearing does not stay or supersede enforcement of the final decision or order of the department Secretary. The department Secretary may, upon good cause shown, stay such enforcement.

§69-15-10. Administrative Appeals and Judicial Review of Certification Revocation.

10.1. Any owner of a recovery residence who disagrees with the final administrative decision as a result of the hearing may, within 30 calendar days after receiving notice of the decision, appeal the decision to the West Virginia Intermediate Court of Appeals.

10.1.1. The filing of a petition for appeal does not stay or supersede enforcement of the final decision or order of the department Secretary. An appellant may apply to the West Virginia Intermediate Court of Appeals for a stay of or to supersede the final decision or order.

10.1.2. The West Virginia Intermediate Court of Appeals may affirm, modify, or reverse the final administrative decision. The owner or owners, or the department Secretary may appeal the court’s decision to the Supreme Court of Appeals.