Senate Bill No. 560
(By Senator Stollings (By Request))
[Originating in the Committee on the Judiciary;
reported February 28, 2011.]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-29B-20a, relating to the rate-setting model utilized by the board being exempt from public disclosure; and providing when the options generated by the computer program are available to the public.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §16-29B-20a, to read as follows:
ARTICLE 29B. HEALTH CARE AUTHORITY.
§16-29B-20a. Confidentiality of the rate-setting model.
In its decision-making process on standard rate applications, the board utilizes a computer program known as the rate-setting model to generate options for the board. The board’s options are various calculated rates that the board may elect to award to a hospital. The rate-setting model is predecisional in nature and part of the deliberative process and, as such, shall be exempt from public disclosure: Provided, That the options generated by the computer program shall be made available to the public, upon request, following any decision by the board utilizing the rate-setting model.
(NOTE: This section is new; therefore, strike-throughs and underscoring have been omitted.)