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Introduced Version House Bill 2938 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2938


(By Delegates Staton, Browning,

Williams, Campbell,

Kuhn and Faircloth)

[Introduced March 21, 2001; referred to the

Committee on Government Organization.]




A BILL to amend article five-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section fourteen, relating to prohibiting certain contract provisions in agreements between health maintenance organizations and hospitals.

Be it enacted by the Legislature of West Virginia:

That article five-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section fourteen, to read as follows:

ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.

§16-5B-14. Contract prohibitions.
In a contract or in contract negotiations with a health maintenance organization, a hospital or similar institution may not require, directly or indirectly, that a health maintenance organization exclusively contract with it. A hospital or similar institution may not withhold or threaten to withhold its participation in a health maintenance organization contract for the purpose of persuading or coercing a health maintenance organization not to contract with another hospital or similar institution.


NOTE: The purpose of this bill is to ensure fair competition between hospitals and provide for patient choice.

This section is new; therefore, strike-throughs and underscoring have been omitted.
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