The short answer West Virginia licenses home health agencies through OHFLAC under W. Va. Code 16-2C, but there is no state legislative rule for home health, so agencies are surveyed against the federal CoPs (42 CFR Part 484), which contain no TB-test mandate; WV's compulsory TB-testing statute covers only schools. Workers' comp from the first employee with narrow exemptions.
What West Virginia requires
West Virginia
TB screening: no rule. OHFLAC's rules list includes no West Virginia Code of State Rules series for home health agencies; the only authority for home health is federal 42 CFR Part 484, so no state TB screening rule reaches home health workers.
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Licensing statute. W. Va. Code 16-2C (Home Health Services) defines home health services and underpins OHFLAC licensure.
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TB statute is schools-only. W. Va. Code 16-3D-3 (compulsory TB testing) applies to school children and school personnel, not home health workers.
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Workers' comp from 1st employee. All WV employers with employees must carry coverage (privatized market regulated by the Offices of the Insurance Commissioner); exemptions include small agricultural, casual, and domestic employers (W. Va. Code 23-2-1).
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The federal baseline (applies in every state)
Federal
No federal TB mandate for home care workers. There is no federal law requiring tuberculosis screening of home care or home health workers; TB screening obligations for this workforce are set by each state's facility licensing law. Federal Medicare Conditions of Participation for home health agencies (42 CFR Part 484) require an infection-prevention program but do not prescribe worker TB testing.
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2019 CDC/NTCA baseline screening standard. The 2019 CDC/National Tuberculosis Controllers Association recommendations for U.S. health care personnel call for a baseline (pre-placement) individual TB risk assessment, symptom evaluation, and a TB test (IGRA or TST) for those without documented prior positive results. Routine annual (serial) testing of health care personnel is no longer recommended absent ongoing exposure; instead facilities should provide annual TB education and symptom screening.
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Positive-result workup. Personnel with a newly positive TB test or TB symptoms should receive a chest X-ray and clinical evaluation to rule out active TB disease; those found to have latent TB infection should be offered and encouraged to complete LTBI treatment per CDC guidance.
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OSHA Bloodborne Pathogens Standard (29 CFR 1910.1030). OSHA's Bloodborne Pathogens Standard applies to home care/home health workers with reasonably anticipated exposure to blood or other potentially infectious materials. Employers must maintain a written exposure control plan, provide annual training, and offer the hepatitis B vaccine series at no cost within 10 working days of assignment to covered workers.
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