W. Va. Code R. § 69-2-5
The agreement of a health care provider to accept assignment of benefits of a state program beneficiary pursuant to W. Va. Code § 16-29D-4 shall not arise when the health care provider delivers health care services to a state program beneficiary which are immediately needed to resolve an imminent life-threatening medical or surgical emergency: Provided, that once the disease or injury which caused the emergency is stabilized, then further treatment of that beneficiary by the health care provider will give rise to the agreement as a matter of law. For the purpose of this subsection, stabilize means that the immediate threat of death or permanent harm has been resolved to the extent that the patient is stable and/or capable of being safely transported.
W. Va. Code R. § 69-2-5