WV SB 475, pertaining to certification, registration, and data collection for WV recovery residences
In 2024, the West Virginia Legislature passed SB 475, pertaining to certification, registration, and data collection for WV recovery residences. While certification remains voluntary, it is a requirement for receiving state funds and referrals. It is now a finable offense to both make a referral to an uncertified recovery residence and a finable offense for an uncertified recovery residence to receive a referral.
The legislative rule applicable to SB 475 is 69-15, which can be viewed here. Please note that anytime you see language with a strike through it, that language was removed; anytime you see language underlined, that language was added. This rule was made effective as an emergency rule January 7th, 2025.
All recovery residences, regardless of certification status, are now required to register with the WV Office of Health Facilities and Licensure by April 7th, 2025. Any certified residence that does not register by the deadline will be subject to penalties outlined in the legislative rule and revocation of their certification.
If your residence is currently WVARR-certified and needs support with any of the documentation related to your certification status, please contact Josh Sapp at josh@wvarr.org.
Please note that you are required to submit a separate registration for each residence operated by your organization, along with a $250 registration fee per residence. If your organization operates 5 residences, you will submit 5 registration applications and $1250 payable to WV OHFLAC.
All recovery residence are required to submit the following data to OHFLAC quarterly, using the form they provide:
- name, date of birth, previous address of each resident in that reporting period
- if the resident has a family member living in the residence, the name, date of birth, and previous address of those people
- state residency/citizenship of each resident
- whether the resident is receiving SUD treatment and the name of the provider
- any MOUs, contracts, agreements, or other financial dealings between the residence and any treatment provider serving your residents
- whether the resident is receiving mental health treatment and the name of the provider
- any MOUs, contracts, agreements, or other financial dealings between the residence and any mental health provider serving your residents
- specific referral source for each resident
- number of hours that resident is required to work or volunteer as a condition of their stay; hourly rate for that work/volunteering; and the total payments or benefits received from their work/volunteering
- monthly rent paid; any rent paid by a 3rd party; and any rent reductions the resident received in exchange for working or volunteering
- length of stay and where they went after discharge
- copies of all lease or program agreements, to be signed by residents
- copies of all referral agreements, contracts, or MOUs
Quarterly reporting schedule is as follows:
- January – March: April 15th
- April – June: July 15th
- July – September: October 15th
- October – December: January 15th
To learn more about registration requirements, we strongly recommend you review all the documentation above, as well as those listed below:
- OHFLAC Registration for Recovery Residences
- OHFLAC Registration Presentation – December 2024 WV PRSS & Recovery Housing Conference
- Recovery Residence Letter from Office of Health Facility Licensure and Certification 01.29.2025
- Initial and Renewal Application 02.05.2025
If you have questions or comments, you can contact Richard Dempsey using the information below:
Richard Dempsey M.Ed.
Mental Health Ombudsman
Office of Inspector General
Mental Health Ombudsman
State Capitol Complex
Building 6, Suite 817
Charleston, WV 25305
richard.c.dempsey@wv.gov
304-558-2159 (office)
304-352-5282 (direct)
681-205-9969 (cell)