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BMS Provider Manual, Chapter 517 Personal Care Services — Staff Qualifications and Training, Training Documentation, Incident Management, Documentation and Record Retention, Legal Representatives (Sections 517.8–517.12)
West VirginiasubregulatoryWest Virginia Department of Health and Human Resources / Department of Human Services, Bureau for Medical Services (BMS)· effective 2018-01-01
What this rule requires your agency to do
- 1The provider agency RN must have a current West Virginia RN license with licensure documentation on file covering the entire employment period (§517.8.4).(BMS Provider Manual, Chapter 517 Personal Care Services — Staff Qualifications and Training, Training Documentation, Incident Management, Documentation and Record Retention, Legal Representatives (Sections 517.8–517.12))
- 2All direct care workers must complete initial training in CPR, First Aid, universal precautions, ADL/IADL assistance (provided by the agency RN), abuse/neglect/exploitation identification, HIPAA, direct care ethics, and member health and welfare; competency requires passing a graded posttest at no less than 80% (§517.8.2).(BMS Provider Manual, Chapter 517 Personal Care Services — Staff Qualifications and Training, Training Documentation, Incident Management, Documentation and Record Retention, Legal Representatives (Sections 517.8–517.12))
- 3CPR, First Aid, OSHA, abuse/neglect/exploitation, and HIPAA training must be kept current, with universal precautions, abuse/neglect/exploitation, and HIPAA renewed every 12 months or less, plus four hours of annual training on direct care service delivery (§517.8.3).(BMS Provider Manual, Chapter 517 Personal Care Services — Staff Qualifications and Training, Training Documentation, Incident Management, Documentation and Record Retention, Legal Representatives (Sections 517.8–517.12))
- 4Anyone providing PC services who suspects abuse, neglect, or exploitation must report immediately to WV Centralized Intake (1-800-352-6513), with an APS written report to the local DHHR office within 48 hours of the verbal referral (§517.10).(BMS Provider Manual, Chapter 517 Personal Care Services — Staff Qualifications and Training, Training Documentation, Incident Management, Documentation and Record Retention, Legal Representatives (Sections 517.8–517.12))
- 5Incident Reports must be entered into the WV IMS within one business day of learning of the incident, follow-up entered within 14 calendar days, and providers must report monthly when there are no incidents (§517.10.1).(BMS Provider Manual, Chapter 517 Personal Care Services — Staff Qualifications and Training, Training Documentation, Incident Management, Documentation and Record Retention, Legal Representatives (Sections 517.8–517.12))
- 6All required documentation must be maintained onsite at least five years from the date of service, and PC providers must bill daily — one claim per date of service per worker (§517.11).(BMS Provider Manual, Chapter 517 Personal Care Services — Staff Qualifications and Training, Training Documentation, Incident Management, Documentation and Record Retention, Legal Representatives (Sections 517.8–517.12))
- 7Legally responsible persons (spouse or parent of a minor child) and court-appointed Legal Guardians and Conservators are prohibited from providing PC services for purposes of reimbursement (§517.8.1).(BMS Provider Manual, Chapter 517 Personal Care Services — Staff Qualifications and Training, Training Documentation, Incident Management, Documentation and Record Retention, Legal Representatives (Sections 517.8–517.12))
- 8A direct-care worker must be at least 18 years of age, able to perform required tasks, and must complete the competency-based initial training before providing service and annually thereafter (§517.8.1).(BMS Provider Manual, Chapter 517 Personal Care Services — Staff Qualifications and Training, Training Documentation, Incident Management, Documentation and Record Retention, Legal Representatives (Sections 517.8–517.12))
Applies to: personal care providers, direct care workers, provider agency RNs
Establishes direct care worker and RN qualifications, initial and annual training requirements, training documentation standards, incident reporting and investigation duties, and record retention and daily billing rules for WV Medicaid Personal Care providers.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.