Senate Bill No. 579
(By Senators Prezioso, Chafin, Stollings and Foster)
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[Introduced February 15, 2010; referred to the Committee on
Health and Human Resources; and then to the Committee on
Government Organization.]
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A BILL to amend and reenact §16-29G-2 of the Code of West Virginia,
1931, as amended, relating to increasing the representation on
the Health Information Network Board.
Be it enacted by the Legislature of West Virginia:
That §16-29G-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 29G. WEST VIRGINIA HEALTH INFORMATION NETWORK.
§16-29G-2. Creation of West Virginia Health Information Network
Board of Directors; powers of the board of
directors.
(a) The network is created under the Health Care Authority for
administrative, personnel and technical support purposes. The
network shall be managed and operated by a board of directors. The
board of directors is an independent, self-sustaining board with the powers specified in this article.
(b) The board is part-time. Each member shall devote the time
necessary to carry out the duties and obligations of members on the
board.
(c) Members appointed by the Governor may pursue and engage in
another business or occupation or gainful employment that is not in
conflict with his or her duties as a member of the board.
(d) The board shall meet at such times as the chair may
decide.
Eight A majority of the members of the board are a quorum
for the purposes of the transaction of business and for the
performance of any duty.
(e) A majority vote of the members present is required for any
final determination by the board. Voting by proxy is not allowed.
(f) The Governor may remove any board member for incompetence,
misconduct, gross immorality, misfeasance, malfeasance or
nonfeasance in office.
(g) The board shall consist of,
seventeen members, designated
as follows but not be limited to, the following designated members:
(1) The Dean of the West Virginia University School of
Medicine or his or her designee;
(2) The Dean of the Marshall University
John Joan C. Edwards
School of Medicine or his or her designee;
(3) The President of the West Virginia School of Osteopathic
Medicine or his or her designee;
(4) The Secretary of the Department of Health and Human Resources or his or her designee;
(5) The President of the West Virginia Board of Pharmacy or
his or her designee;
(6) The Director of the Public Employees Insurance Agency or
his or her designee;
(7) The Chief Technology Officer of the Office of Technology
or his or her designee;
(8) The Chair of the Health Care Authority or his or her
designee;
(9) The President of the West Virginia Hospital Association or
his or her designee;
(10) The President of the West Virginia State Medical
Association or his or her designee;
(11) The Chief Executive Officer of the West Virginia Health
Care Association or his or her designee;
(12) The Executive Director of the West Virginia Primary Care
Association or his or her designee;
and
(13) The Commissioner of the Bureau for Medical Services, or
his or her designee;
(14) The Commissioner of the Bureau for Public Health, or his
or her designee;
(15) The Insurance Commissioner, or his or her designee;
(16) The Secretary of the Department of Commerce, or his or
her designee;
(17) The President of the West Virginia Health Maintenance Organization or his or her designee; and
(13) (18) Five Six public members that serve at the will and
pleasure of the Governor and are appointed by the Governor with
advice and consent of the Senate as follows:
(i) One member with legal expertise in matters concerning the
privacy and security of health care information;
(ii) Two physicians actively engaged in the practice of
medicine in the state;
(iii) One member engaged in the business of health insurance
who is employed by a company that has its headquarters in West
Virginia;
and
(iv) The chief executive officer of a West Virginia
corporation working with West Virginia health care providers,
insurers, businesses and government to facilitate the use of
information technology to improve the quality, efficiency and
safety of health care for West Virginians;
and
(v) A consumer of health services.
(h) The Governor shall appoint one of the board members to
serve as chair of the board at the Governor's will and pleasure.
The board shall annually select one of its members to serve as vice
chair. The Chair of the Health Care Authority shall serve as the
secretary-treasurer of the board.
The board may recommend
additional appointments to the Governor when needed expertise is
identified.
(i) The public members of the board shall serve a term of four years and may serve two consecutive terms. At the end of a term,
a member of the board shall continue to serve until a successor is
appointed. Those members designated in subdivisions (1) through
(12), inclusive, subsection (g) of this section shall serve on the
board only while holding the position that entitle them to
membership on the board.
(j) The board may propose the adoption or amendment of rules
to the Health Care Authority to carry out the objectives of this
article.
(k) The board may appoint committees or subcommittees to
investigate and make recommendations to the full board. Members of
such committees or subcommittees need not be members of the board.
(l) Each member of the board and the board's committees and
subcommittees is entitled to be reimbursed for actual and necessary
expenses incurred for each day or portion thereof engaged in the
discharge of official duties in a manner consistent with guidelines
of the Travel Management Office of the Department of
Administration.
NOTE: The purpose of this bill is to increase the
representation on the Health Information Network Board. It also
provides that a quorum is a majority of the board.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.