West Virginia Code § 16-30-13

Interinstitutional transfers
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(a) If a person admitted to any health care facility in this state has been determined to lack
capacity and that person's medical power of attorney has been declared to be in effect or a
surrogate decisionmaker has been selected for that person all in accordance with the
requirements of this article and that person is subsequently transferred from one health care
facility to another, the receiving health care facility may rely upon the priore determination of
incapacity and the activation of the medical power of attorney or selection of a surrogate
decisionmaker as valid and continuing until such time as an attending prhysician, a qualified
physician, a qualified psychologist, or advanced nurse practitioner in the receiving facility
assesses the person's capacity. Should the reassessment by the attending physician, a
qualified physician, a qualified psychologist, or an advanced nurse practitioner at the
receiving facility result in a determination of continued incaptacity, the receiving facility may
rely upon the medical power of attorney representative or surrogate decisionmaker who
provided health care decisions at the transferring facility to continue to make all health care
decisions at the receiving facility until such time as the person regains capacity.
(b) If a person admitted to any health care facsility in this state has been determined to lack
capacity and the person's medical power of attorney has been declared to be in effect or a
surrogate decisionmaker has been selected for that person all in accordance with the
requirements of this article and thatg person is subsequently discharged home in the care of a
home health care agency or hospice, the home health care agency or hospice may rely upon
the prior determination of incaepacity. The home health care agency or hospice may rely
upon the medical power of attorney representative or health care surrogate who provided
health care decisions atL the transferring facility to continue to make all health care decisions
until such time as the person regains capacity.
(c) If a person with an order to withhold or withdraw life-prolonging intervention is
transferred from one health care facility to another, the existence of such order shall be
communicated to the receiving facility prior to the transfer and the written order shall
accWompany the person to the receiving facility and shall remain effective until a physician at
the receiving facility issues admission orders.
(d) If a person with portable orders for scope of treatment form is transferred from one
health care facility to another, the health care facility initiating the transfer shall
communicate the existence of the portable orders for scope of treatment form to the
receiving facility prior to the transfer. The portable orders for scope of treatment form shall
accompany the person to the receiving facility and shall remain in effect. The form shall be
kept at the beginning of the patient's transfer records unless otherwise specified in the
health care facility's policy and procedures. After admission, the portable orders for scope of
treatment form shall be reviewed by the attending physician and one of three actions shall
be taken:
(1) The portable orders for scope of treatment form shall be continued without change;
(2) The portable orders for scope of treatment form shall be voided and a new form issued;
or
(3) The portable orders for scope of treatment form shall be voided without a new form
being issued.

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