West Virginia Code § 16-5L-3

Definitions
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As used in this article, unless a different meaning appears from the context:
(a) "Government agency" means any department, division, office, bureau, board,
commission, council, authority, or any other agency or instrumentality created by the state
or political subdivision thereof or to which the state is a party or by any county or
municipality which is responsible for the regulation, visitation, inspection, or supervision of
long-term care facilities or which provides services to residents or long-term care facilities;
(b) "Long-term care facility" means any nursing home, personal cuare home, or residential
board and care home as defined in section two, article five-c of this chapter; nursing homes
operated by the federal government or the state government; extended care facilities
operated in connection with hospitals; and any similar institution, residence or place, or any
part or unit thereof, however named, in this state which is advertised, offered, maintained or
operated by the ownership or management for consideration, for the express and implied
purpose of providing accommodations and care or lpersonal assistance to one or more
persons who are ill or otherwise incapacitateds or are dependent upon the services of others
by reasons of physical or mental impairment and who are not related within the degree of
consanguinity of second cousin to the owner or manager of the institution, residence or
place; g
(c) "Long-term care ombudsman volunteer" or "ombudsman volunteer" means any
uncompensated individual who performs the duties enumerated under section eight of this
article: Provided, That the individual has received appropriate certification as set forth in
section nine of this article;
(d) "Pecuniary interest" means holding a financial interest in or deriving financial benefit
from the provision of long-term care, but does not include employment in the long-term care
industry or in the home health care industry;
(e) "Personal assistance" means personal services, including, but not limited to, the
following: Help in walking, bathing, dressing, feeding or getting in or out of bed, or
supervision required because of the age or mental impairment of the resident;
(f) "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 state
commission on aging and meets the qualifications set forth in section seven of this article;
(g) "Resident" means an individual living in a nursing home, personal care home, residential
board and care home, or any long-term care facility as defined in subsection (b) of this
section, or who has lived in such a setting, or who has made application to live in such a
setting: Provided, That nothing in this article may be construed to give a long-term care
ombudsman the right to obtain the waiting list of a long-term care facility;
(h) "State long-term care ombudsman" means an individual who meets the qualifications of
section five of this article and who is employed by the state commission on aging to
implement the state long-term care ombudsman program as set forth in this article; and
(i) "Guardian" means a person lawfully invested with the power and charged with the duty of
taking care of another person and managing the property and rights of another person who
for some peculiarity of status or defect of age, understanding or self controle is considered
incapable of administering his or her own affairs, to include committees or other references
under the code. r

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