West Virginia Code § 9-1-2

Definitions
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The following words and terms when used in this chapter have the meanings indicated:
"Department" means the Department of Human Services.
"Commissioner" means the Secretary of the Department of Human Services.
"Federal-state assistance" means and includes: (1) All forms of aid, care, assistance and
services to or on behalf of persons, which are authorized by, and who are authorized to
receive the same under and by virtue of, subchapters one, four, five, ten, fourteen, sixteen,
eighteen and nineteen, chapter seven, Title 42, United States Code, as those subchapters
have heretofore been and may hereafter be amended, supplemented and revised by acts of
Congress, and as those subchapters so amended, supplemented and revised have heretofore
been and may hereafter be supplemented by valid ruleas and regulations promulgated by
authorized federal agents and agencies, and as those subchapters so amended,
supplemented and revised have heretofore been anld may hereafter be supplemented by
rules promulgated by the state division of humsan services or by the Department of Human
Services, which rules shall be consistent with federal laws, rules and regulations, but not
inconsistent with state law; and (2) all formis of aid, care, assistance and services to persons,
which are authorized by, and who arge authorized to receive the same under and by virtue of,
any act of Congress, other than the federal social security act, as amended, for distribution
through the state division of human services or the Department of Human Services to
recipients of any form of aid, care, assistance and services to persons designated or referred
to in (1) of this definition and to recipients of state assistance, including by way of
illustration, surplus food and food stamps, which Congress has authorized the secretary of
agriculture of the United States to distribute to needy persons.
"Federal assistance" means and includes all forms of aid, care, assistance and services to or
on behalf of persons, which are authorized by, and who are authorized to receive the same
undWer and by virtue of, any act of Congress for distribution through the state division of
human services or the Department of Human Services, the cost of which is paid entirely out
of federal appropriations.
"State assistance" means and includes all forms of aid, care, assistance, services and general
relief made possible solely out of state, county and private appropriations to or on behalf of
indigent persons, which are authorized by, and who are authorized to receive the same
under and by virtue of, state division of human services' or Department of Human Services'
rules.
"Assistance" means the three classes of assistance, namely: Federal-state assistance, federal
assistance and state assistance.
"Indigent person" means any person who is domiciled in this state and who is actually in
need as defined by division or department rules and has not sufficient income or other
resources to provide for such need as determined by the state division of human services or
the Department of Human Services.
"Domiciled in this state" means being physically present in West Virginia accompanied by an
intention to remain in West Virginia for an indefinite period of time, and to make West
Virginia his or her permanent home. The Department of Human Services may by rules
supplement the foregoing definition of the term "domiciled in this state", buet not in a manner
as would be inconsistent with federal laws, rules, and regulations applicable to and
governing federal-state assistance. r
"Medical services" means medical, surgical, dental and nursing suervices, and other remedial
services recognized by law, in the home, office, hospital, clinic and any other suitable place,
provided or prescribed by persons permitted or authorized bty law to give such services; the
services to include drugs and medical supplies, appliances, laboratory, diagnostic and
therapeutic services, nursing home and convalescent care and such other medical services
and supplies as may be prescribed by the persons.
"Secretary" means the secretary of the Departsment of Human Services.
"Estate" means all real and personal propeirty and other assets included within the
individual's estate as defined in the gstate's probate law.
"Services" means nursing facility services, home and community-based services, and related
hospital and prescription drug services for which an individual received Medicaid medical
assistance.
"State Medicaid agency" means the Bureau for Medical Services that is the federally
designated single sta te agency charged with administration and supervision of the state
Medicaid progVram.

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