West Virginia Code § 16B-4-16

records; penalties.
(a) Each nursing home subject to the provisions of this article shall hold in a separate
account and in trust each resident's personal funds deposited with the nursing home.
(b) No person may use or cause to be used for any purpose the personal funds of any
resident admitted to any such nursing home unless consent for the use thereof has been
obtained from the resident, or from a committee, or guardian, or relative.
(c) Each nursing home shall maintain a true and complete recordu of all receipts for any
disbursements from the personal funds account of each resident in the nursing home,
including the purpose and payee of each disbursement, and shall render a true account of
such record to the resident or his or her representative upon demand and upon termination
of the resident's stay in the nursing home.
(d) Any person or corporation who violates any sublsection of this section is guilty of a
misdemeanor and, upon conviction thereof, shsall be fined not more than $1,000, or
imprisoned in jail not more than one year, or both fined and imprisoned.
(e) Reports provided to review organizations are confidential unless inaccessibility of
information interferes with the director's ability to perform his or her oversight function as
mandated by federal regulations and this section.
(f) Notwithstanding §16B-4-16(b) or any other provision of this code, upon the death of a
resident, any funds remaining in his or her personal account shall be made payable to the
person or probate jurisdiction administering the estate of said resident: Provided, That if
after 30 days there h as been no qualification over the decedent resident's estate, those funds
are presumedV abandoned and are reportable to the State Treasurer pursuant to the West
Virginia Uniform Unclaimed Property Act, §36-8-1 et seq. of this code.

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