KodaComplyHome care rules, state by state, in plain EnglishDocuments collected September 22, 2026

West Virginia home care rules

West Virginia's Certificate of Need (CON) law requires Health Care Authority approval for "providing personal care services", which it ties to agencies providing personal care services "approved by the Bureau of Medical Services" (BMS, West Virginia Medicaid); we found no separate home care license. BMS then certifies agencies program by program: the Bureau of Senior Services certifies Aged and Disabled Waiver agencies, and most waiver members are not enrolled in the Mountain Health Trust health plans. The Aged and Disabled Waiver manual was rewritten on June 1, 2026 and the IDD Waiver manual on August 1, 2026.

42 official documents·collected September 22, 2026·checked against them September 23, 2026
License for non-medical home care?CON for Medicaid personal careThe CON law requires a Certificate of Need, whatever the cost, for "providing personal care services" by an agency that provides personal care services "approved by the Bureau of Medical Services". It doesn't say whether an agency serving only private-pay clients is covered, and we don't hold §16-2D-10, one of its two exemptions sections. We found no separate home care license. Medicaid programs add their own certification.
License for home health?CON + Medicare certificationOpening a home health agency, or expanding its service area, needs a Certificate of Need. To enroll in Medicaid, the agency must first be Medicare-certified; OHFLAC is the certifying agency.
EVVIn useHHAeXchange, free from the state, or your own system sending data to it. Aged and Disabled Waiver and TBI Waiver attendants who live with the member are exempt.
Medicaid health plansNot for waiversMembers of most waivers are not enrolled in plans. 2022 EVV slides list Aetna Better Health of West Virginia, Unicare and The Health Plan for home health and private duty nursing.

What changed, and what to do about it

Red means act now, amber means read it this month, grey is for the record.

Read this monthChapter 501, effective June 1, 2026

The Aged and Disabled Waiver manual was rewritten on June 1, 2026

BMS published a new Chapter 501. Changes in the change log include: personal attendants must be 'awake and alert', the Conflict-of-Interest Assurance form must be signed at the start as well as every year, parents of minor children were taken off the list of legally responsible persons, and new rules on who may give personal attendant training. BMS also published its answers to public comments.

What to do: Read the June 1, 2026 entries in the change log at the end of Chapter 501. Check your training materials and conflict-of-interest forms against them.
Read this monthChapter 513, effective August 1, 2026

New IDD Waiver manual took effect August 1, 2026

BMS replaced Chapter 513 for the Intellectual/Developmental Disabilities Waiver. The change log adds a new skilled nursing medication administration service, changes how often case managers must see members in person, and says the IDD-10 discharge form is due to the UMC within 10 business days of the discharge date.

What to do: If you serve IDD Waiver members, read the August 1, 2026 change log and update your staff.
Read this monthBMS memo, Oct. 10, 2025 · rates effective Oct. 1, 2025

Check that you are billing the October 2025 rates

BMS raised rates for ADW, TBI, IDD and Personal Care services. ADW personal attendant and Personal Care direct service went from $6.36 to $6.75 per 15 minutes. BMS asked agencies to update their billing systems and the rates in HHAeXchange.

What to do: Spot-check a recent claim for each service code against the memo's rate tables, in your billing system and in HHAX.
For the recordAgency approved July 31, 2026 · comments closed July 31, 2026

Background check rule change is waiting on the Legislature

The Office of Inspector General approved changes to the WV CARES rule (71CSR11) and filed them with the Legislative Rule-Making Review Committee. The proposal lets people ask for a variance when they apply, and sets decision times: 30 days if the request comes after an ineligible finding, 60 days if it comes with the application. The current rule is still in force.

What to do: Nothing for now. Keep using the current WV CARES process. This page will say if the change is adopted.