Memory Care Facilities in West Virginia: Licensing, Regulations, and How to Evaluate

When you start calling memory care facilities in West Virginia, you will quickly notice something that does not exist in many other states: there is no standalone memory care license. A facility in Charleston or Morgantown marketing a "memory care unit" holds the same Assisted Living Residence license as the building down the street that offers no dementia-specific programming at all.

This gap between marketing and regulation puts the burden squarely on you to verify what a facility actually provides. Here is how the system works and what to look for.

West Virginia Has No Separate Memory Care License

Unlike states that issue a dedicated memory care credential, West Virginia regulates dementia care through the Alzheimer's Special Care Standards Act (West Virginia Code Chapter 16, Article 5R). Under this law, any facility that markets an Alzheimer's or dementia "Special Care Unit" (SCU) must file a written disclosure with the state detailing how its care differs from ordinary assisted living.

That disclosure must cover seven specific areas:

• Treatment philosophy and mission
• Screening, admission, and discharge criteria
• Assessment and care planning processes
• Staffing patterns and training requirements
• Physical environment design (secured perimeters, color-coded hallways, walking paths)
• Activity programming adapted for declining cognition
• Family communication and involvement

The facility is required to provide this disclosure document to every prospective resident and their legal representative before admission. If a facility cannot produce this document when you ask for it, that is a serious red flag.

Minimum Staffing and Training Requirements

West Virginia mandates that secured memory care units with more than five residents must have at least two direct care staff physically present at all times. Every resident must receive a minimum average of 2 hours and 15 minutes of direct, hands-on care per day.

Staff training requirements are specific but not extensive. Direct care employees must complete at least 2 hours of dementia-specific training within 15 days of hire, covering disease progression, abuse prevention, and communication techniques. After that, 8 hours of annual dementia continuing education are required.

When you tour a facility, ask for documentation of these training hours. Facilities that exceed the minimums — offering 16 or 20 hours annually — tend to have lower staff turnover and better behavioral management outcomes.

How to Evaluate a Memory Care Facility

Request the Written SCU Disclosure

This is the single most important document. Read it carefully and compare it across facilities. A disclosure that repeats generic marketing language rather than describing specific staffing ratios, activity schedules, and behavioral intervention protocols is not meeting the spirit of the law.

Check OHFLAC Inspection Reports

The Office of Health Facility Licensure and Certification (OHFLAC) conducts regular inspections and investigates complaints. If a facility has received deficiency citations, those are public record. You can also file a complaint directly with OHFLAC if you observe violations.

For serious allegations — immediate physical danger, severe neglect, or a medical crisis — OHFLAC is required to conduct an unannounced on-site inspection within 45 days.

Compare Clinical Assessment Timelines

Once admitted, West Virginia law requires a strict schedule: a functional needs assessment within 60 days before or 5 business days after admission, a preliminary care plan within 3 days, a comprehensive individualized care plan within 21 days, and a full service plan within 45 days. Ask facility administrators to walk you through this timeline. If they are unfamiliar with it, the clinical oversight may be weak.

Ask About Discharge Triggers

Facilities can and do discharge residents involuntarily when behavioral symptoms escalate beyond their staffing capacity. The SCU disclosure must specify the exact clinical or behavioral triggers that would force a transfer. Knowing these criteria upfront prevents a crisis three months after placement.

Filing a Complaint Against a Facility

If you suspect a facility is violating care standards, staffing requirements, or resident rights, you have several options. Contact OHFLAC directly to file a licensing complaint. For allegations of abuse or neglect, call Adult Protective Services at (800) 352-6513. For concerns about resident rights violations or involuntary transfers, contact the West Virginia Long-Term Care Ombudsman at (800) 834-0598.

When a complaint results in confirmed violations, the facility receives a written notice of deficiency and must submit a binding Plan of Correction with specific remediation deadlines.

What This Means for Your Family

The absence of a standalone memory care license in West Virginia means you cannot rely on a state credential to guarantee quality. The Alzheimer's Special Care Standards Act provides a framework, but the practical burden falls on families to request disclosures, read inspection reports, and ask pointed questions during tours.

The West Virginia Dementia & Memory Care Guide includes a facility tour scorecard that walks through every question to ask during visits — from staffing documentation to discharge triggers — so nothing gets missed during an already stressful process.

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