H. B. 2480


(By Mr. Speaker, Mr. Chambers, and Delegate Burk)
(By Request of the Executive)
[Introduced March 4, 1993; referred to the
Select Committee on Health Care Policies.]



A BILL to repeal sections sixteen, seventeen and eighteen, article two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended; to amend and reenact section two, article four, chapter nine of said code; to amend and reenact section twelve, article fifteen of said chapter nine; to amend and reenact section ten-b, article one, chapter sixteen of said code; to amend and reenact section nine, article two-d of said chapter sixteen; to amend article two-d of said chapter sixteen by adding thereto a new section, designated section four-b; to amend and reenact section nineteen, article twenty-nine-b of said chapter sixteen; to amend and reenact section fifteen, article one, chapter thirty of said code; to amend article one of said chapter thirty by adding thereto two new sections, designated sections seventeen and eighteen; and to further amend said code by adding thereto a new chapter, designated chapter sixteen-a, all relating to state health
care system and the restructuring thereof, including, but not limited to, the creation of a state health care authority; continuing state medical services fund so long as health care authority deems necessary and granting health care authority certain powers with respect to such fund; providing that medicaid coverage be expanded to cover children under age of six and pregnant women, in each case whose household income is less than two hundred percent of federal poverty level; providing that state uniform health professionals data system be continued under executive secretary of health profession licensing boards; exempting from certificate of need review those services, facilities or any substantial change therein or any capital expenditure covered by a preliminary or final certificate of public advantage issued by health care authority; providing that certificate of need be issued only if proposed new institutional health service within applicable certificate of need allocation established by health care authority; requiring state health care cost review authority to consider criteria established by health care authority in reviewing hospital rates and budgets, and to apply any alternative methods of rate determination or methods of charges and payments adopted by health care authority; enacting West Virginia health care act of 1993; setting forth legislative findings on condition of health care system in state and health of state's citizens, includingdelivery and financing of health care in state; declaring legislative intent to, among other things, provide over time universal access to uniform standard of high quality, medically appropriate health care services in state and restructure state health care system; including definitions for, among other terms, community care networks, coordinating bodies, cooperative agreements and uniform health benefits package; creating West Virginia health care authority and setting forth provisions relating to composition thereof, appointment of members, length and number of terms of members, quorum requirements and frequency of meetings, compensation of members, and informal meetings by and among members and staff; transferring to health care authority all property of state health care planning commission; setting forth powers of health care authority, including, but not limited to, power to conduct hearings, charge fees for services, applications and certificates, and promulgate rules; setting for hearing procedures; providing for a director of health care authority and that director be appointed by governor and be responsible for managing and administering daily functions of health care authority, including hiring of support staff; allowing health care authority to use services of employees from certain other state agencies; requiring health care authority to involve state health care providers, payors and citizens in carrying out its duties; specifying variousactions relating to health and health care for which health care authority shall be responsible, including, but not limited to, implementation of state health plan, development of community care networks in state, and development of uniform health benefits package; authorizing health care authority to promulgate legislative rules for all health care related policies, programs and services operated, financed, monitored, managed, controlled, regulated or provided by certain state agencies; designating health care authority as sole state agency with which federal government and other entities shall deal with respect to health care; authorizing health care authority to transfer from one state agency to another state agency such agency's budget insofar as it pertains to health care; requiring health care authority to submit to governor and Legislature on an annual basis report on health care in state; requiring each state agency to ensure that its policies and programs are consistent with those set forth in or established pursuant to chapter sixteen-a of the code; requiring health care authority to update state health plan; designating health care authority single state agency for purposes of medicaid and providing that authority make all rules, regulations and policies of state medicaid plan; requiring health care authority to develop system for certifying community care networks, including developing criteria for such certification; requiring that such networks be directed bya coordinating body; providing for cooperative agreements between health care providers or between health care providers and coordinating body, and requiring that such agreements be approved by health care authority and be in existence prior to establishment of network; setting forth procedures governing cooperative agreements and for issuance of preliminary certificates of public advantage approving proposed cooperative agreements; requiring holders of such preliminary certificates to submit progress reports to health care authority on periodic basis; providing for extensions and rescissions of such preliminary certificates by authority and requiring public notice on such decisions in certain cases, and providing for hearings if requested by parties adversely affected thereby; setting forth procedures for issuance of certificate of public advantage; exempting cooperative agreements, community care networks and discussions relating thereto from coverage of federal and state antitrust laws; requiring health care authority to establish by rule incentives for health care providers to organize community care networks, and to provide technical assistance to communities and health care providers desiring to establish community care networks; requiring health care authority to develop plan for long-term care in state and to develop health-promotion programs; requiring health care authority to define a uniform health benefits package for all state citizens, to coordinate health care purchasing andpayment functions of all state agencies, and to conduct studies necessary to develop and implement health care reforms; requiring health care authority to develop plan to integrate workers' compensation medical benefits with the health care services included in uniform health benefits package, and plan to enable individuals and employers to purchase insurance from public employees' insurance agency; requiring health care authority to develop a global budget for both institutional and individual providers beginning with fiscal year beginning first day of July, one thousand nine hundred ninety-six, and to establish by rule a budget for capital expenditures which shall, among other things, set maximum aggregate principal amount of certificates of need which may be issued each year; requiring health care authority to establish by rule systems of payment for institutional health care providers, based on the medicare diagnostic related group payment system, and for noninstitutional health care providers, based on the resource based relative value system, and to establish by rule a system of uniform rates for services for all health care providers by the first day of January, one thousand nine hundred ninety-six, and requiring upon establishment of such rates that health care providers shall accept as payment in full for the delivery of such services the amount so established; requiring health care authority to establish plan of health insurance reforms for state, which plan shallconsider, among other things, a shift to community ratings; creating an office of consumer advocacy within the health care authority; requiring health care authority to develop uniform billing forms and procedures; requiring health care authority to develop an information system to provide basis for reform; requiring that each employer in state provide health care authority information regarding health care coverage provided by such employer to its employees; providing that any data collected by a state agency relating to health care shall be property of health care authority; providing that health care authority may make grants to private or public entities; requiring that executive secretary for health care boards shall report to health care authority; requiring health care authority to develop a single utilization review program for all payors of health services, to develop a plan to create an excess liability fund for health care provider malpractice, and to appoint an ad hoc task force to make recommendations on improving tort and liability system; creating a community and rural health advisory council; establishing rural health loan program and rural health scholars program; continuing office of executive secretary of health professional licensing boards; protecting from liability any member of certain professional groups, including, but not limited to, physicians, lawyers, real estate brokers, architects, certified public accountants, engineers and various other healthprofessionals, who reports or otherwise provides evidence to the governing board of such reporting persons's profession, of the negligence, impairment or incompetence of another member of such profession, except in cases involving actual malice; and requiring health care authority to establish rules with respect to self-referrals by health care providers.
Be it enacted by the Legislature of West Virginia:
That sections sixteen, seventeen and eighteen, article two, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be repealed; that section two, article four, chapter nine of said code be amended and reenacted; that section twelve, article fifteen of said chapter nine be amended and reenacted; that section ten-b, article one, chapter sixteen of said code be amended and reenacted; that section nine, article two-d of said chapter sixteen be amended and reenacted; that article two-d of said chapter sixteen be amended by adding thereto a new section, designated section four- b; that section nineteen, article twenty-nine-b of said chapter sixteen be amended and reenacted; that section fifteen, article one, chapter thirty of said code be amended and reenacted; and that article one of said chapter thirty be amended by adding thereto two new sections, designated sections seventeen and eighteen, and that said code be further amended by adding thereto a new chapter, designated chapter sixteen-a, all to read as follows:
CHAPTER 9. HUMAN SERVICES.

ARTICLE 4. STATE ADVISORY BOARD; MEDICAL SERVICES FUND; ADVISORY COUNCIL; GENERAL RELIEF FUND.

§9-4-2. Medical services fund.

The special fund known as the state of West Virginia public assistance medical services fund established by chapter one hundred forty-three, acts of the Legislature, regular session, one thousand nine hundred fifty-three, as amended by chapter two, acts of the Legislature, first extraordinary session, one thousand nine hundred sixty, and chapter forty-nine, acts of the Legislature, regular session, one thousand nine hundred sixty- six, chapter seventy-eight, acts of the Legislature, regular session, one thousand nine hundred seventy, chapter one hundred twenty-seven, acts of the Legislature, regular session, one thousand nine hundred seventy-two, and chapter one hundred seven, acts of the Legislature, regular session, one thousand nine hundred eighty-three, shall be continued in accordance with the provisions of this section so long as the same may be required by federal laws, rules and regulations applicable to federal-state assistance and thereafter so long as the commissioner health care authority established by section one, article two, chapter sixteen-a of this code shall deem such fund to be otherwise necessary or desirable, and henceforth such special fund shall be known as the department of human services medical services fund, hereinafter referred to as the fund.
The fund shall consist of payments made into the fund out ofstate appropriations for medical services to recipients of specified classes of welfare public assistance and such federal grant-in-aid grants-in-aid as are made available for specified classes of welfare public assistance. Any balance in the fund at the end of any fiscal year shall remain in the fund and shall not expire or revert. Payments shall be made out of the fund upon requisition of the commissioner director of the health care authority or his or her designee by means of a warrant signed by the auditor and treasurer.
Recipients of those classes of welfare public assistance as are specified by the department health care authority, consistent with applicable federal laws, rules and regulations, shall be entitled to have costs of necessary medical services paid out of the fund, in the manner and amounts, to the extent, and for the period determined from time to time to be feasible by the commissioner health care authority pursuant to rules regulations and standards established by him it. Such rules regulations and standards shall comply with requirements of applicable federal laws, rules and regulations and, prior to implementation of the uniform health benefits package defined by section one, article four, chapter sixteen-a of this code, shall be established on the basis of money available for the purpose, the number of recipients, the experience with respect to the incidence of illness, disease, accidents, and other causes among such recipients causing them to require medical services and the costs thereof, the amounts which recipients require otherwise in orderto maintain a subsistence compatible with decency and health, and any process developed by the health care authority to implement such package. After implementation of the uniform health benefits package hereinabove described, such rules and standards shall be established on the basis of the uniform health benefits package, subject to the requirements of applicable federal laws and rules, and shall be subject to any other factor considered relevant and proper by the commissioner health care authority: Provided, That such rules and regulations respecting qualifications shall permit the expenditure of state funds to pay for care rendered in any birthing center licensed under the provisions of article two-e, chapter sixteen of this code, by a licensed nurse midwife or midwife as this occupation is defined in section one, article fifteen, chapter thirty of this code, and which care is within the scope of duties for such licensed nurse midwife or midwife as permitted by the provisions of section seven, article fifteen of said chapter thirty.
ARTICLE 15. MISCELLANEOUS PROVISIONS.

§9-15-12. Medicaid programs; maternity, infant and child care.

(a) The Legislature finds that high rates of infant mortality and morbidity are costly to the state in terms of human suffering and of expenditures for long-term institutionalization, special education and medical care. It is well documented that appropriate care during pregnancy and delivery can prevent many of the expensive, disabling problems our children experience. There exists a crisis in this state relating to the availabilityof obstetrical services, particularly to patients in rural areas, and to the cost patients must pay for obstetrical services. The availability of obstetrical service for medicaid patients enables these patients to receive quality medical care and to give birth to healthier babies and, consequently, improve the health status of the next generation.
The Legislature further recognizes that public and private insurance mechanisms remain inadequate, and poor women and children are among the most likely to be without insurance. Generally, low-income, uninsured children receive half as much health care as their insured counterparts. The state is now investing millions to care for sick infants whose deaths and disabilities could have been avoided.
It is the intent of the Legislature that the department of human services state participate in the medicaid program for indigent children and pregnant women established by Congress under the Consolidated Omnibus Budget Reconciliation Act (COBRA), Public Law 99-272, the Sixth Omnibus Budget Reconciliation Act (SOBRA), Public Law 99-504, and the Omnibus Budget Reconciliation Act (OBRA), Public Law 100-203.
(b) The health care authority established by section one, article two, chapter sixteen-a of this code shall direct the office of medical services in the department of human services shall health and human resources to:
(1) Extend the medicaid coverage to pregnant women and their newborn infants to one hundred fifty percent of the federalpoverty level, effective the first day of July, one thousand nine hundred eighty-eight.
(2) As provided under COBRA, SOBRA, and OBRA, effective the first day of July, one thousand nine hundred eighty-eight, infants shall be included under the medicaid coverage with all children eligible for medicaid coverage born on or after the first day of October, one thousand nine hundred eighty-three, whose family incomes are at or below one hundred percent of the federal poverty level and continuing until such children reach the age of eight years.
(3) Elect the federal options provided under COBRA, SOBRA, and OBRA, impacting pregnant women and children below the poverty level: Provided, however, That no provision in this article shall restrict the department of human services health care authority in exercising new options provided by or to be in compliance with new federal legislation that further expands eligibility for children and pregnant women.
(4) Enter into an inter-agency agreement with the bureau of public health within the department of health and human resources, whereby the department of bureau of public health shall be responsible for the implementation and program design for a maternal and infant health care system to reduce infant mortality in West Virginia. The health system design shall include quality assurance measures, case management and patient outreach activities. The department of human office of medical services shall assume responsibility for claims processing inaccordance with established fee schedules, and financial aspects of the program necessary to receive available federal dollars and to meet federal rules. and regulations
(5) The department of bureau of public health shall transfer to the department of human office of medical services through inter-agency agreement such state funds as are necessary to implement this program to the department of human services medical services account; and the department of human office of medical services shall, through inter-program transfer, provide such state funds as are necessary to implement this program.
(6) Beginning the first day of July, one thousand nine hundred eighty-eight, the state department of human office of medical services shall increase to no less than six hundred dollars the reimbursement rates under the medicaid programs for prenatal care, delivery and post-partum care.
(c) In order to be in compliance with the provisions of OBRA, through rules and regulations the department health care authority shall ensure that pregnant women and children whose incomes are above the Aid to Families and Dependent Children (AFDC) payment level are not required to apply for entitlements under the AFDC program as a condition of eligibility for medicaid coverage. Further, the department of health and human resources shall develop a short, simplified pregnancy/pediatric application of no more than three pages, paralleling the simplified OBRA standards.
(d) Commencing during the fiscal year beginning the firstday of July, one thousand nine hundred ninety-three, or as soon thereafter as any waiver required under Title XIX of the Social Security Act is received, the health care authority shall direct the office of medical services to, and the office of medical services shall, expand medicaid coverage to any child under the age of six whose household income is less than two hundred percent of the federal poverty level and to any pregnant women whose household income is less than two hundred percent of the federal poverty level. The office of medical services shall within thirty days after the effective date of this section apply for any federal waiver and shall promptly take all other actions required for the implementation of this section.
(d) (e) Any woman who establishes eligibility under this section shall continue to be treated as an eligible individual without regard to any change in income of the family of which she is a member under the end of the sixty day period beginning on the last day of her pregnancy.
(e) (f) Nothing in this section shall be construed to give the department of bureau of public health any jurisdiction over the medicaid program or its operations.
CHAPTER 16. PUBLIC HEALTH.

ARTICLE 1. STATE BUREAU OF PUBLIC HEALTH.

§16-1-10b. Establishment of a uniform health professionals data collection system.

The commissioner of the bureau of public health shall establish a uniform health professionals data system to collectand maintain data on health professionals in this state established with the commissioner of the bureau of public health shall be continued under the executive secretary of the health profession licensing boards continued by section fifteen, article one, chapter thirty of this code. This The data to be collected and maintained shall include, but not be limited to, the following information about each health professional: His or her name, profession, the area of the state where practicing, educational background, employer's name, and number of years practicing within the profession. The boards provided for under articles three, four, four-a, five, seven, seven-a, fourteen, fourteen-a, fifteen, sixteen, twenty, twenty-one, twenty-three and twenty-eight, chapter thirty of this code, and any successor or successors thereto, shall collect the data on health professionals under their jurisdiction on an annual basis and in the format prescribed by the commissioner executive secretary and approved by the health care authority established by section one, article two, chapter sixteen-a of this code. Each such board shall be required to pay to the bureau of health care authority an amount, to be determined by the commissioner health care authority, to cover expenses incurred by or on behalf of the bureau of health executive secretary in establishing and maintaining the uniform health professionals data system required by this section. The commissioner health care authority shall publish or caused to be published annually and make available, upon request, a report setting forth the data which was collectedthe previous year; areas of the state which the collected data indicates have a shortage of health professionals; and projections, based upon the collected data, as to the need for more health professionals in certain areas.
ARTICLE 2D. CERTIFICATE OF NEED.

§16-2D-4b. Services, facilities and expenditures identified in certificate of public advantage not subject to certificate of need.

A holder of a preliminary certificate of public advantage issued by the state health care authority under section three, article three, chapter sixteen-a of this code, or a certificate of public advantage issued by the health care authority under section five, article three, chapter sixteen-a of this code, is not required to obtain a certificate of need for any health care service or facility, or any substantial change therein, or any capital expenditure specifically described and approved in its preliminary certificate of public advantage or certificate of public advantage, as applicable. The health care authority created by section one, article two, chapter sixteen-a of this code shall provide the state agency with a copy of each preliminary certificate of public advantage and certificate of public advantage upon the issuance thereof. Any health care service or health care facility, or any substantial change therein, or any capital expenditure not specifically described and approved in a preliminary certificate of public advantage or certificate of public advantage shall require a certificate ofneed unless otherwise exempt from this article.
§16-2D-9. State agency to render final decision; issue certificate of need; certificate of need allocation; write findings; specify capital expenditure maximum.

(a) Only the state agency, or the appropriate administrative or judicial review body, may issue, deny or withdraw certificates of need, grant exemptions from certificate of need reviews, or determine that certificate of need reviews are not required.
(b) Except as provided in subsection (f) of this section, A certificate of need may only be issued if the proposed new institutional health service is:
(1) Found to be needed; and
(2) Except in emergency circumstances that pose a threat to public health, consistent with the state health plan: Provided, That if a health care facility which is controlled, directly or indirectly, by a health maintenance organization applies for a certificate of need for a proposed new institutional health service, the state agency may not disapprove the application solely because such an institutional health service is not discussed in the state health plan or annual implementation plan and other policies of the health care authority; and
(3) Within the applicable certificate of need allocation established by the health care authority pursuant to section five, article four, chapter sixteen-a of this code.
(c) The state agency shall render a final decision on everyapplication for a certificate of need or application for exemption in the form of an approval, a denial, or an approval with conditions. Any decision of the state agency with respect to a certificate of need, or exemption, shall be based solely on:
(1) The review of the state agency conducted in accordance with procedures and criteria in this article and in regulations rules adopted pursuant to section eight of this article; and
(2) The record established in administrative proceedings held with respect to the certificate of need or exemption.
(d) Approval with conditions does not give the state agency authority to mandate new institutional health services not proposed by the health care facility or health maintenance organization applicant. Issuance of a certificate of need or exemption may not be made subject to any condition unless the condition directly relates to criteria in this article or in rules and regulations adopted pursuant to section eight of this article. Conditions may be imposed upon the operations of the health care facility or health maintenance organization for no longer than a three-year period. Compliance with such conditions may be enforced through the mechanisms detailed in section thirteen of this article.
(e)(1) For each proposed new institutional health service it approves, the state agency shall, in addition to the written findings required in subsection (e), section six of this article, make a written finding, which shall take into account the current accessibility of the facility as a whole, on the extent to whichthe new institutional health service will meet the criteria in subdivisions (4), (14) and (25), subsection (a), section six of this article, regarding the needs of medically underserved population populations, except in the following cases:
(A) Where the proposed new institutional health service is one described in subsection (g) of this section to eliminate or prevent certain imminent safety hazards or to comply with certain licensure or accreditation standards; or
(B) Where the new institutional health service is a proposed capital expenditure not directly related to the provision of health services or to beds or major medical equipment; or
(C) Where the new institutional health service is proposed by or on behalf of a health care facility which is controlled, directly or indirectly, by a health maintenance organization.
(2) If the state agency disapproves a proposed new institutional health service for failure to meet the needs of medically underserved populations, it shall so state in a written finding.
(f)(1) Notwithstanding review criteria in subdivision (12), subsection (a), section six of this article, if a health care facility which is controlled, directly or indirectly, by a health maintenance organization applies for a certificate of need, such application shall be approved by the state agency if the state agency finds, in accordance with criteria prescribed by the state agency by regulations adopted pursuant to section eight of this article, that:
(A) Approval of such application is required to meet the needs of the members of the health maintenance organization and of the new members which such organization can reasonably be expected to enroll; and
(B) The health maintenance organization is unable to provide, through services or facilities which can reasonably be expected to be available to the organization, its institutional health services in a reasonable and cost-effective manner which is consistent with the basic method of operation of the organization and which makes such services available on a long- term basis through physicians and other health professionals associated with it.
(2) Except as provided in subdivision (1), subsection (b), section four of this article, a health care facility, or any part thereof, or medical equipment with respect to which a certificate of need was issued under this subsection, may not be sold or leased, and a controlling interest in such facility or equipment or in a lease of such facility or equipment may not be acquired unless the state agency issues a certificate of need approving the sale, acquisition or lease.
(g)(1) Notwithstanding review criteria in section six of this article, an application for a certificate of need shall be approved, if the state agency finds that the facility or service with respect to which such capital expenditure is proposed to be made is needed and that the obligation of such capital expenditure is consistent with the state health plan, for acapital expenditure which is required:
(A) To eliminate or prevent imminent safety hazards as defined by federal, state or local fire, building or life safety codes or regulations;
(B) To comply with state licensure standards; or
(C) To comply with accreditation or certification standards, compliance with which is required to receive reimbursements under Title XVIII of the Social Security Act or payments under the state plan for medical assistance approved under Title XIX of such act.
(2) An application for a certificate of need approved under this subsection shall be approved only to the extent that the capital expenditure is required to eliminate or prevent the hazards described in subparagraph paragraph (A), subdivision (1), of this subsection (g), or to comply with the standards described in either subparagraph paragraph (B) or (C), subdivision (1), of this subsection. (g) of this section
(h)(1) The state agency shall send its decision along with written findings to the person proposing the new institutional health service or exemption applicant and shall make it available to others upon request.
(2) In the case of a new institutional health service proposed by a health maintenance organization, the state agency shall send the written findings to the appropriate regional office of the federal department of health and human services at the time they are sent to the applicant.
(3) In any decision where the state agency finds that a proposed new institutional health service does not satisfy the criteria in subdivisions (4), (14) and (25), subsection (a), section six of this article, regarding the needs of medically underserved population, it shall so notify in writing the applicant and the appropriate regional office of the federal department of health and human services.
(i) In the case of a final decision to approve or approve with conditions a proposal for a new institutional health service, the state agency shall issue a certificate of need to the person proposing the new institutional health service applicant.
(j) The state agency shall specify in the certificate the maximum amount of capital expenditures which may be obligated under such certificate. The state agency shall prescribe the method used to determine capital expenditure maximums and shall adopt regulations rules pursuant to section eight of this article for the review of approved new institutional health services for which the capital expenditure maximum is exceeded or is expected to be exceeded.
(k) If the state agency fails to make a decision within the time period specified for the review, the applicant may, within one year following the expiration of such period, bring an action, at the election of the applicant, in either the circuit court of Kanawha County, or with the judge thereof in vacation, or in the circuit court of the county in which the applicant orany one of the applicants resides or does business, or with the judge thereof in vacation, to require the state agency to approve or disapprove the application. An application for a proposed new institutional health service or exemption may not be approved or denied by the circuit court solely because the state agency failed to reach a decision.
ARTICLE 29B. WEST VIRGINIA HEALTH CARE COST REVIEW AUTHORITY.

§16-29B-19. Rate-setting powers generally.

(a) The board shall have power: (1) To initiate reviews and investigations of hospital rates and establish and approve such rates; (2) to initiate reviews and investigations of hospital rates for specific services and the component factors which determine such rates; (3) to initiate reviews and investigations of hospital budgets and the specific components of such budgets; and (4) to approve or disapprove hospital rates and budgets taking into consideration the criteria set forth in section twenty of this article and the rules of the health care authority created by section one, article two, chapter sixteen-a of this code.
(b) In the interest of promoting the most efficient and effective use of hospital service, the board health care authority may adopt and approve, and the board shall apply, alternative methods of rate determination. The board health care authority may also adopt, and the board shall apply, methods of charges and payments of an experimental nature which are in the public interest and consistent with the purpose purposes of thisarticle and of chapter sixteen-a of this code.
CHAPTER 16A. WEST VIRGINIA HEALTH CARE ACT OF 1993.

ARTICLE 1. GENERAL PROVISIONS.

§16A-1-1. Short title.

This chapter shall be known and may be cited as the "West Virginia Health Care Act of 1993."
§16A-1-2. Legislative findings.

(a) The Legislature hereby finds and declares that there is a crisis in health care in West Virginia and that the existing methods of delivering and financing health care services are exacerbating this crisis rather than eliminating it.
(b) The Legislature hereby finds and declares further that many citizens of West Virginia have health problems, as evidenced by the state's mortality rates for heart and cardiopulmonary diseases, cancer and diabetes, and that many of their health problems are caused by behavioral habits, including improper diet, lack of exercise and tobacco consumption, all of which can be changed through health education and promotion.
(c) The Legislature hereby finds and declares further that at least two hundred fifty thousand citizens of West Virginia, including at least seventy thousand children, have no health insurance; that many other citizens are underinsured; and that people without adequate health insurance have difficulty finding health care providers who will serve them, postpone their basic preventive care needs until they are ill or injured and ignore their chronic care needs until they become acute and sometimescatastrophic, resulting in more extensive and costly care.
(d) The Legislature hereby finds and declares further that insurance coverage does not alone guarantee access to health care; that West Virginia's primary and preventive health care services are inadequate; that the state has an insufficient number of certain types of health care providers and a maldistribution of others; that cultural and geographic factors and inadequate transportation contribute to the state's health care problems; and that the state's health care system lacks coordination and cooperation among both health care providers and state agencies.
(e) The Legislature finds and declares further that the costs of health care in West Virginia increase dramatically every year; that in the year one thousand nine hundred ninety-one alone health care expenditures in the state amounted to approximately four billion three hundred million dollars, or two thousand four hundred dollars for every citizen of the state, and that West Virginians without insurance received approximately one hundred fifty-four million dollars of uncompensated care; that during the past decade per capita health care expenditures in West Virginia rose at an average annual rate of nine and one-half percent, exceeding the general inflation rate for the same period; and that the current system of financing health care encourages or requires cost shifting, making insurance more costly and in some instances unaffordable and placing a significant financial burden on both employers and employees.
(f) The Legislature hereby finds and declares further that the crisis and problems hereinabove described dictate that the existing system of delivering and financing health care in West Virginia be restructured so as to ensure the health and well- being of the citizens of this state; that, although health reforms may ultimately occur at the federal level, this state must act promptly to begin to reform its health care delivery system, to implement cost containment and to develop the infrastructure and information systems which will form the basis for major financial and service delivery reforms; and that the Legislature and the health care authority hereinafter created must act aggressively to implement state health care reforms and to implement in this state at the earliest possible date any appropriate federal health care reforms.
(g) The Legislature hereby finds and declares further that the development and implementation of the reforms hereinabove described require the creation of a state health care authority with such powers and authority as hereinafter provided.
§16A-1-3. Purpose and intent.

(a) The intent of this legislation is to provide, over time, universal access to a uniform standard of high quality, medically appropriate health care services in West Virginia.
(b) It is the further intent of this legislation to restructure West Virginia's health care delivery system into a community-based system of care which will (i) offer a continuum of care managed by primary care providers; (ii) promote andsupport a provider team approach to health care delivery; (iii) focus on improving the health status of the community; (iv) recognize as priorities health promotion, preventive care and primary care; and (v) recognize the importance of each individual assuming personal responsibility for his or her health and health care.
(c) It is the further intent of this legislation that the state's health care delivery system be restructured through public and private actions at both the state and local levels; that state government's role be to promote a vision, set boundaries, develop incentives and serve as a catalyst for private local action, and to measure the results thereof; that state government support and promote the establishment of community care networks, providing technical assistance and grants for demonstration projects and assisting in community organization as appropriate, but that the actual planning, establishment and operation of such networks occur at the local level within the framework of a state plan; and that the process of restructuring the state's health care delivery system promote collaboration among public, voluntary and private providers of health care services, between the public and private sectors and between state government and communities within the state.
(d) It is the further intent of this legislation to restructure the state's health care delivery system by encouraging, with financial incentives or otherwise, rather than mandating, participation by health care providers and consumersin community care networks.
(e) It is the further intent of this legislation to ultimately finance West Virginia's health care system, to the extent possible, on a fair, equitable and reasonable basis, without reliance on cost shifting, so as to ensure affordable, high quality, medically appropriate health care services, and to rechannel savings from the health care cost containment required by this chapter within the health care system to increase access to a uniform standard of high quality, medically appropriate health care services.
(f) It is the further intent of this legislation to encourage the coordination and integration of health care services; to promote the development of managed care systems; to promote the development of community-based services for persons with special needs; to foster individual responsibility for health and health care; to encourage health care promotion and disease prevention; to provide for the equitable distribution of scarce resources; to maximize the appropriate use of federal funds; to simplify administrative burdens associated with the delivery of and payment for health care services; and to improve the health of the citizens of West Virginia.
(g) It is the further intent of this legislation to require the state health care authority hereinafter created and other state agencies acting on its behalf, by the earliest practicable date, to collect the data, conduct actuarial and other studies, and develop the information systems necessary to provide a basisfor the health care authority to develop the most appropriate and effective reforms in the financing and delivery of health care services and to assess on an ongoing and timely basis the status of the health of the citizens of West Virginia and the state's health care delivery system, the effectiveness of reforms made and the potential effect of any proposed reforms.
(h) It is the further intent of this legislation to reform West Virginia's health care system in a comprehensive, rather than piecemeal, manner and to achieve such reform in incremental phases involving a multi-year process; to adjust any measures to achieve such reform hereafter taken from time to time, to be consistent with health care reforms undertaken at the federal level; and to continuously monitor and reassess such measures to establish and maintain the health care system intended by this legislation.
(i) The purpose of this legislation is to address the findings and declarations set forth in section two of this article and to carry out the intent set forth in this chapter. This legislation shall be liberally construed to accomplish such purpose.
§16A-1-4. Definitions.

For purposes of this chapter:
(a) "Annual report" means the report required by section five, article two of this chapter.
(b) "Authority" means the West Virginia health care authority established by section one, article two of thischapter.
(c) "Care management" means the monitoring and coordination of a person's health care by a care manager, who assumes responsibility for the comprehensive health management of such person, including, but not limited to, patient education, counseling, guidance, maintaining such person's health records, providing preventive and primary care at the level appropriate to the individual care manager's training or expertise and monitoring and coordinating all other appropriate health care services and social services as necessary, for such person.
(d) "Care manager" means the primary care physician, physician assistant, nurse practitioner, health maintenance organization or other person or entity that provides care management to a person.
(e) "Certificate" means a certificate of public advantage issued by the authority to a community care network pursuant to article three of this chapter.
(f) "Community" means a geographic area with which a person identifies himself or herself, which usually corresponds to a county or a municipality and surrounding communities within a county. Having services "available in a community" means within a reasonable distance, generally not more than thirty minutes' driving time from an individual's residence, ensuring reasonable access to health care services to each person within the community. For secondary and tertiary care within a community care network, a "community" may extend beyond county borders orthe state's borders.
(g) "Community care network" means a locally based organization of health care, education and support service providers, which promotes a cooperative and collaborative approach to the delivery of health care services and provides for the complete range of health care and, in some cases, social needs of its patients, and which is planned, established and operated on a community level within the framework of a state plan.
(h) "Community rating" means the insurance practice of pooling covered individuals without regard to their actual or perceived health status or health care costs experience to develop an average insurance premium price, which may be adjusted as provided by rule of the authority, including, but not limited to, the creation of two or more risk categories to reflect factors such as age.
(i) "Certificate of need" means certificate of need as described in article two-d, chapter sixteen of this code.
(j) "Continuous quality improvement" or "CQI" means a quality management tool that focuses on improvement of the average. Under the continuous quality improvement model, utilization of health care services, as well as the methods used to provide those services, are monitored on an ongoing basis. These procedures and outcomes of care are analyzed, with reports of patterns of care made available to appropriate individuals and agencies, including health care providers, patients, licensingboards and payors.
(k) "Certificate of need allocation" means the maximum aggregate principal amount of certificates of need allocated by the authority to a particular class of institutional health services, as defined in article two-d, chapter sixteen of this code, in a particular area during a calendar year, all in accordance with section five, article four of this chapter.
(l) "Coordinating body" means the board of directors or other entity organized to direct a community care network pursuant to subsection (c), section one, article three of this chapter.
(m) "Cooperative agreement" means an agreement between two or more health care providers, or between one or more health care providers and a coordinating body, for the sharing, allocation or referral of patients or for the sharing or allocation of personnel, instructional programs, support services and facilities, medical, diagnostic or laboratory facilities or procedures, or other services customarily offered by health care providers.
(n) "Cost containment" means a series of measures designed to control and reduce increases in health care expenditures.
(o) "ERISA" means the Employee Retirement Income Security Act of 1974, title 29, United States Code, sections 1001 et seq.
(p) "Expenditure target" means a budget developed for aggregate health care spending within a specified time period.
(q) "Global budget" means an annually set or negotiated capon total health care expenditures. A global budget may apply to a region, a population, a group of providers, a particular hospital or a health plan responsible for the comprehensive care of its members.
(r) "Health" means both physical and mental health.
(s) "Health care facility" means any facility, including, but not limited to, hospitals, ambulatory surgical facilities, nursing homes, mental health centers and primary care clinics designated as such by rule of the authority: Provided, That such designation may be different for different purposes provided by this chapter.
(t) "Health care provider" means any person, facility or institution, including, but not limited to, a person, facility or institution licensed, certified or authorized by law to provide health care services in this state, designated as such by rule of the authority: Provided, That such designation may be different for different purposes provided by this chapter.
(u) "Health care services" means any services delivered to a person to promote healthful living, maintain health or stability of chronic conditions, treat illness, injury or disease or restore function, including, but not limited to, health promotion and education, primary care, secondary care and tertiary care.
(v) "Health education" means any combination of learning opportunities designed to facilitate voluntary adaptations of behavior conducive to health.
(w) "Health maintenance organization" means an organization which provides its enrollees with a package of health services, directly in its own clinical setting, or through contractual arrangements, for a predetermined, prepaid fee which does not change with the nature or extent of services provided, and which organization complies with applicable provisions of this code, including, but not limited to, article twenty-five-a, chapter thirty-three of this code.
(x) "Health promotion" means any combination of health education and related organizational, political and economic interventions designed to facilitate behavioral and environmental adaptations that will improve or protect health.
(y) "Health services" means services, including drugs and durable medical equipment, delivered to individuals and families by a wide range of health professionals that may be preventive, diagnostic, curative, restorative, or palliative. Health services may also be directed to the entire population or communities. This latter category of services includes prevention and control of communicable diseases, community health protection, and a wide range of health promotion and education activities in communities, schools and workplaces.
(z) "High-tech care" means care involving specialized services, equipment or procedures, or new or emerging technologies, presently including, but not limited to, positron emission tomography, organ transplantation, megavoltage radiation therapy, lithotripsy, magnetic resonance imaging, cardiaccatheterization, open heart surgery, neonatal intensive care units and burn units, all of which such services, equipment, procedures and technologies shall be further identified by rule of authority.
(aa) "Long-term care" means the health care, personal care and social services required by persons who have lost, or never acquired, some degree of functional capacity, delivered on a long-term basis.
(bb) "Managed care" means a system of comprehensive and coordinated health care, such as that provided by a certified community care network, which includes care management, quality assurance, utilization review and similar measures to ensure appropriate, high quality health care and the appropriate use of limited resources and containment of costs.
(cc) "Medicaid" means the state and federal program that provides reimbursement for health care services for eligible persons and families.
(dd) "Medicare" means the federal program administered by the United States social security administration that covers the medical care of patients over age sixty-five and certain qualified persons under age sixty-five.
(ee) "Payor" means public, private, governmental and nongovernmental payors or purchasers of health care services, all in conformance with federal laws, rules and regulations.
(ff) "Planning commission" means the health care planning commission established by article one-a, chapter sixteen of thiscode.
(gg) "Practice guideline" means a systematically developed statement designed to assist health care providers and patients to make decisions about appropriate health care for specific clinical conditions.
(hh) "Preventive care" means actions and programs undertaken to prevent disease or its consequences, including, without limitation, health care programs such as immunizations aimed at warding off illnesses; early detection of diseases, such as pap smears; to inhibit further deterioration of the body, such as exercise or prophylactic surgery; to promote health through altering behavior, such as health education programs; and to improve the healthfulness of the environment.
(ii) "Primary care" means health care delivery that emphasizes first contact care and assumes overall and ongoing responsibility for a person in health promotion, disease prevention, health maintenance, diagnosis and treatment of illness and injury more simple or common than would be treated with secondary or tertiary care, restorative care and management of chronic care. Primary care involves a relationship between a patient and primary care provider or a primary care provider team, which seeks to achieve comprehensive coordination of the patient's health care, including the educational, behavioral, biological and social aspects thereof. It is a patient-oriented approach that emphasizes the continuity of comprehensive care over the full spectrum of health services, beginning with patientassessment, wellness and prevention and extending through health management, lifestyle modification, health education and care management of needed services. The primary care provider is the patient's advocate within the health care delivery system. The appropriate use of consultants, specialists and community and other resources is an integral function of effective primary care.
(jj) "Provider team" means a group of health care professionals, including, but not limited to, physicians, physician assistants, nurses, nurse practitioners, psychologists, social workers, physical therapists, dentists and pharmacists, working together to provide health care services, with each professional providing health care services in the area and at the level appropriate to his or her training or expertise.
(kk) "Public health" means that broad segment of health the mission of which is to fulfill society's interest in assuring conditions in which people can be healthy; involves organized community efforts to prevent disease and to promote health, based on epidemiology; and encompasses both activities undertaken within the formal structure of government and the associated efforts of private and voluntary organizations and individuals. The principal functions of public health are assessment, policy development and assurance of a healthful natural environment.
(ll) "Quality assurance" means a program to measure and monitor the quality of care rendered by a group or institution and includes procedures to remedy deficiencies or problems.
(mm) "Secondary care" means services, other than those services constituting primary care or tertiary care, provided by medical specialists who generally do not have first contact with patients, such as cardiologists, orthopods, urologists and dermatologists, and includes routine hospitalization, specialized outpatient care and more complex diagnostic and therapeutic procedures.
(nn) "Service coordination" means the coordination of activities, including social and health care services, for the purpose of placing an individual with special needs within the appropriate system, including, but not limited to, assessment and planning based thereon, the arrangement, coordination and monitoring of services, and advocacy.
(oo) "State agency" means any division, agency, board, department, authority, bureau, commission, or any other state governmental body.
(pp) "State health plan" means the plan of the planning authority required by section four, article one-a, chapter sixteen of this code and, after the first day of September, one thousand nine hundred ninety-three, the plan of the authority required by section seven, article two of this chapter.
(qq) "Tertiary care" means services, other than those services constituting primary care and secondary care, provided by highly specialized providers, such as high-tech care, neurosurgeons or thoracic surgeons, which frequently require highly sophisticated equipment and support facilities andgenerally are provided in inpatient hospital facilities.
(rr) "Uniform health benefits package" means the uniform high quality, medically appropriate health care services that the authority defines pursuant to section one, article four of this chapter as those services to which universal access should be ultimately provided.
(ss) "Universal access" means access by the citizens of West Virginia to the uniform health benefits package regardless of ability to pay or other socioeconomic factors.
(tt) "Utilization review" means evaluation of the necessity, appropriateness and efficiency of the use of medical services, procedures and facilities, including, but not limited to, review of the appropriateness of admissions to health care facilities, services ordered and provided, length of stay and discharge practices, on a prospective, concurrent and retrospective basis.
ARTICLE 2. WEST VIRGINIA HEALTH CARE AUTHORITY.

§16A-2-1. West Virginia health care authority created; composition; appointment of authority members; terms of office; expenses and compensation; meetings; quorum; records; transfer of planning commission property.

(a) There is hereby created the West Virginia health care authority. The authority shall be a governmental instrumentality and a body corporate and shall have the powers and duties set forth in this chapter.
(b) The authority shall consist of five members, each ofwhom shall be a citizen of West Virginia and shall be appointed by the governor with the advice and consent of the Senate. The governor shall appoint the members based on their commitment to health care reform and their knowledge of and experience and interest in health and health care, and they shall be representative of the citizenry of West Virginia. In appointing members, the governor shall consider the need for geographic diversity and for expertise in the areas of law, consumer advocacy, health planning, administration and policy, economics and finance, medicine and public health. No more than three of the five members may be of the same political party. The appointment of the initial members of the authority shall be made by the governor not later than the first day of July, one thousand nine hundred ninety-three. The terms of the five members appointed by the governor first taking office on or after the effective date of this chapter shall expire as designed by the governor at the time of appointment, one at the end of the first year, two at the end of the second year and two at the end of the third year, after the first day of July, one thousand nine hundred ninety-three. The successor of each such appointed member shall be appointed for a term of six years in the same manner as the original appointments were made, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his or her predecessor was appointed shall be appointed only for the remainder of such term. Each member shall serve until the appointment and qualificationof his or her successor. Members may be reappointed to serve additional terms: Provided, That no member may serve more than two consecutive six-year terms.
(c) Before entering upon his or her duties, each member of the authority shall comply with the requirements of article one, chapter six of this code. The governor may remove any member only for cause as provided in article six, chapter six of this code. Within thirty days of removal or acceptance of the resignation of a member, the governor shall appoint a person, qualified as described above, to fill the vacancy.
(d) Each member of the authority may be paid two hundred dollars for each day of performing services as a member and shall be reimbursed for all reasonable and necessary expenses actually incurred in the performance of his or her duties.
(e) The governor shall designate a chair of the authority from among its members, who shall have a two-year term beginning on the first day of July. The director of the authority, provided for in section three of this article, shall serve as the secretary-treasurer of the authority, but shall not be a member. The authority may elect from its members such other officers as it deems necessary.
(f) A majority of the members of the authority shall constitute a quorum, and a quorum must be present for the authority to conduct business. The affirmative vote of at least the majority of the members present shall be necessary for any action taken by vote of the authority. No vacancy in themembership of the authority shall impair the rights of a quorum by such vote to exercise all the rights and perform all the duties of the authority.
(g) The authority shall meet at least monthly, and more often if it deems necessary. Notwithstanding any other provision in this code to the contrary, the authority, or any member or members thereof, may meet informally with the director and the staff of the authority for the purposes of receiving and analyzing data, reports and other information and discussing matters for which the authority is responsible, and all such informal meetings shall be exempt from the requirements of section three, article nine-a, chapter six of this code: Provided, That no decisions requiring a vote of the authority may be made at such informal meetings, and all other meetings of the authority shall be conducted and records of the authority shall be kept in accordance with the provisions of article nine-a, chapter six of this code.
(h) All rights, assets and other property of the planning commission, including, but not limited to, any grants and other moneys, owned by or used in the administration of the planning commission as of the first day of July, one thousand nine hundred ninety-three, shall be transferred to the authority effective as of the first day of July, one thousand nine hundred ninety-three, the authority being hereby constituted the successor in interest to the planning commission in all such respects.
§16A-2-2. Powers of the authority generally; hearings;
emergency rules.
(a) The authority shall have the following general powers:
(1) To acquire, own, hold and dispose of property, whether real, personal, tangible, intangible or mixed.
(2) To enter into leases and lease-purchase agreements, whether as lessee or lessor.
(3) To borrow money, issue forms of indebtedness and mortgage and otherwise grant security interests in its property, including as security for such borrowing or other indebtedness.
(4) To sue and be sued.
(5) To make bylaws and to develop and implement procedures governing the internal operation and administration of the authority, including guidelines for purchasing and performing its duties hereunder involving the expenditure of funds.
(6) To adopt an official seal.
(7) To make contracts of every kind and nature, including, but not limited to, interstate agreements or compacts, and to execute all instruments necessary or convenient for performing its duties hereunder.
(8) To solicit, accept and use gifts, grants, bequests or donations of property, funds, security interests, money, materials, labor, supplies or services from any governmental entity or unit or any person, firm, foundation or corporation and to do all things necessary, useful, desirable or convenient in connection with the procurement, acceptance or disposition or use of such gifts or grants, or complying with the terms of anyagreement entered into.
(9) To solicit and accept proposals in furtherance of the purposes of this chapter.
(10) To negotiate written agreements and procedures with, between or among any department, agency or division of state or federal government, and provide or contract with any governmental entities or other agencies or persons in this state or other states to carry out the duties and responsibilities of the authority.
(11) To require all officers and employees of any state agency to furnish any records or information which the authority, or the director on its behalf, requests for carrying out the purposes of this chapter: Provided, That the authority shall hold any records or information received confidential as may be required under state or federal law.
(12) To charge fees for services rendered by, applications made to, and certificates granted or information distributed by, the authority, all as determined by rule of the authority, and to require reimbursement for expenses incurred by the authority in rendering services, receiving applications, granting certificates and providing information. Payments of fees shall be deposited into a special revolving fund in the state treasury. Any balance, including accrued interest, in the special revolving fund at the end of any fiscal year shall not revert to the general revenue fund, but shall remain in the special revolving fund for use by the authority in performing its duties hereunderin ensuring fiscal years.
(13) To form or participate in the formation of public, quasi-public or public-private corporations, foundations or other entities.
(14) To obligate and expend funds prior to the service provided therefor, so as to enable the authority to provide start-up funds for various programs and projects.
(15) To exercise any and all other powers necessary for the authority to discharge its duties and otherwise carry out the purposes of this chapter.
(b) The authority may conduct such hearings and investigations as it deems necessary for the performance of its duties. The authority shall announce the time, date and purpose of all hearings in a timely manner and such hearings shall be open to the public except as may be necessary to conduct business of an executive nature.
(1) All hearings held by the authority, and any administrative procedures undertaken in connection with and following the hearing shall be subject to the provisions of article five, chapter twenty-nine-a of this code except as specifically stated to the contrary in this section.
(2) Any hearing may be conducted by the authority or by the director or a hearing examiner appointed for such purpose. Any member of the authority and the director may issue subpoenas and subpoenas duces tecum, which shall be issued and served pursuant to the time, fee and enforcement specifications in section one,article five, chapter twenty-nine-a of this code.
(3) Notwithstanding any other provision of this code to the contrary, if a person alleges that a factual determination made by the authority is incorrect, the burden of proof shall be on such person to demonstrate that such determination is, in light of the total record, not supported by substantial evidence. The burden of proof remains with such person in all cases.
(4) After any hearing, after due deliberation, and in consideration of all the testimony, the evidence and the total record made, the authority shall render a decision in writing. The written decision shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code, and a copy of the decision and accompanying findings and conclusions shall be served by certified mail, return receipt requested, upon the party demanding the hearing and upon its attorney of record, if any.
(5) In accordance with rules of the authority, any interested individual, group or organization shall be recognized as affected parties upon written request from the individual, group or organization. Affected parties shall have the right to bring relevant evidence before the authority and testify thereon. Affected parties shall have equal access to records, testimony and evidence before the authority.
(6) The decision of the authority shall be final unless reversed, vacated or modified upon judicial review thereof, in accordance with the provisions of subdivision (7) of thissubsection.
(7) Upon the entry of a final decision by the authority, any affected party may, within thirty days after the entry of the decision by the authority, appeal the decision in the circuit court of Kanawha County. Decisions of the authority shall be reviewed in accordance with the provisions for judicial review of administrative decisions set forth in section four, article five, chapter twenty-nine-a of this code.
(8) The authority may compel obedience to its lawful orders by injunction or mandamus or other proper proceedings in the name of the state in any circuit court having jurisdiction of the parties or of the subject matter, or the supreme court of appeals directly, and such proceeding shall be determined in an expeditious manner.
(c) Not later than the first day of September, one thousand nine hundred ninety-three, the authority shall identify by rule those state agencies that the authority determines to have policies, programs, services, duties or responsibilities relating to health or health care. Such state agencies shall include, but not be limited to, the department of health and human resources, the health care cost review authority, the division of workers compensation, the public employees' insurance agency, the insurance commissioner of West Virginia and the division of rehabilitation services.
(d) In addition to rules which the authority is required to promulgate pursuant to this chapter, the authority may promulgatesuch other rules as it deems necessary to implement the provisions of this chapter. Notwithstanding any other provision in this code to the contrary, the secretary of state shall accept and file as emergency rules under chapter twenty-nine-a of this code any rules of the authority proposed as such.
§16A-2-3. Director of authority; powers; staff.

(a) Not later than the first day of July, one thousand nine hundred ninety-three, the governor shall appoint the director of the authority. The director shall serve at the will and pleasure of the governor. The authority may at any time recommend to the governor that the director be removed by submitting in writing to the governor a recommendation setting forth the cause of such recommendation.
(b) The director shall be responsible for managing and administering the daily functions of the authority and for performing any and all other actions necessary or helpful to the effective functioning of the authority, and shall take such other actions as directed by the authority. The director shall be exempt from the provisions of article six, chapter twenty-nine of this code. As secretary-treasurer of the authority, the director shall give bond in the sum of fifty thousand dollars in the manner provided in article two, chapter six of this code.
(c) The director may hire such other staff for the authority as he or she deems necessary. Any such staff member, who at the time of employment is subject to the provisions of article six, chapter twenty-nine of this code may, at his or her election,remain under said provisions or be exempt from such provisions. All staff members not covered by article six, chapter twenty-nine of this code at the time of employment shall be exempt from such provisions.
(d) The authority may use the services of one or more employees in any state agency identified pursuant to subsection (c), section two of this article, from time to time and for so long as the authority may deem necessary. The authority shall notify the chief administrator of a state agency in advance in writing whenever it requires the services of such agency's employee for more than two days in any two-week period. Upon receipt of any request for the use of the services of staff of any state agency, whether by written notice or otherwise, the chief administrator of such state agency shall make such employee or employees available to the authority.
§16A-2-4. Additional powers of the authority.

(a) Notwithstanding any other provision of this code to the contrary, the authority shall ensure the implementation of the intent and policies set forth in this chapter. In carrying out this responsibility, the authority shall involve the citizens of West Virginia, health care providers and payors, all as provided in this chapter.
(b) The authority shall also be responsible for the following actions, at such times as required herein or as otherwise deemed appropriate by the authority, relating to health or health care:
(1) Quality assurance in the provision of health care services, and regulations and licensing regarding health care services, providers and payors;
(2) Data collection, analysis, research, evaluation and planning with respect to the state's health care system;
(3) The development and implementation of a uniform health benefits package;
(4) Regulation, management or oversight and rate regulation for both public and private health care purchasing in the state;
(5) The regulation and oversight of health insurance in the state;
(6) The development of community care networks in the state;
(7) Planning and implementing methods to finance and contain the costs of the state's health care system, including, but not limited to, rate regulation and setting and working with the federal government to implement at the earliest possible date state policies and programs consistent with appropriate federal reforms;
(8) Implementing the provisions of the state health plan; and
(9) Dissemination to the public of information regarding the health status of West Virginians, the state's health care system and state and federal reforms.
(c) The following shall apply to state agencies identified pursuant to subsection (c), section two of this article.
(1) Each state agency so identified shall have its budgetrequest approved by the authority prior to submitting such request to the governor or to the secretary of the department of finance and administration, and the director of the authority shall serve ex-officio as a member of each board or authority of each such state agency.
(2) The authority may promulgate legislative rules for all policies, programs and services relating to health or health care operated, financed, monitored, managed, controlled, regulated or provided by any state agency identified by the authority in accordance with subsection (c), section two of this article. All such rules promulgated by state agencies relating to health care prior to the effective date of this article shall continue in force after the effective date of this article until superseded or repealed by a rule of the authority. Each state agency shall review its rules relating to health care and shall present to the authority not later than the first day of July, one thousand nine hundred ninety-four, proposed revised rules, consistent with this legislation, the state health plan and other policies of the authority, for adoption by the authority: Provided, That such state agency shall make such deletions, additions or other revisions to proposed rules as the authority may request.
(d) The authority is hereby designated the agency within the state with which the federal government and other appropriate entities shall deal with respect to health care. The authority shall serve as the state's liaison with the federal government to transmit information regarding the health care requirements ofWest Virginia and to provide the citizens of West Virginia with information on federal policy proposals, and shall advocate for such federal heath care reforms as it determines are in the best interests of West Virginia.
(e) The authority shall submit, or cause to be submitted, on a timely basis such applications for waivers, exemptions or preemptions or such other requests for changes in the manner of federal health care expenditures laws, rules or regulations, including ERISA, medicare and medicaid, as it may deem necessary to implement the provisions of this chapter.
(f) The authority may transfer from one state agency to another state agency such agency's budget insofar as it pertains to health care policies, programs and services, so as to implement the provisions of this chapter, in accordance with a procedure for notice and reconsideration set forth by rule of the authority.
(g) Any reference in any other chapter of this code to the state health planning agency, the health care planning council, the planning commission or similar terms shall be deemed to mean the authority.
§16A-2-5. Annual report; compliance by state agencies.

Not later than the first day of November, one thousand nine hundred ninety-three, and thereafter annually on or by the same date, the authority shall submit to the governor a report containing the following:
(a) A review and analysis of the state's health care system,including the effectiveness of any reforms implemented, the access to health care by all West Virginians and the quality and cost of health care services provided. The report shall set forth the general health status of the citizens of West Virginia and any improvements in status made during the preceding fiscal year. The report shall include an evaluation of the health- related policies, programs and services of each state agency during the preceding fiscal year and such policies, programs and services related to the state health plan and the other plans and policies of the authority. The report shall set forth the amount by which the rate of growth in health care spending decreased during the preceding fiscal year and an analysis of the effect of such decrease. The report shall also set forth information or demographics, health care facilities and the use of such facilities.
(b) The authority's plan of action for the next state fiscal year, including, but not limited to, the reforms which it intends to implement, the policies which it intends to adopt and the revisions to the state health plan which it intends to make.
(c) The authority's current policies which are not reflected in any rules or in the state health plan.
(d) Such actions as the authority deems necessary or appropriate to improve and increase the integration and coordination of health care functions within state government so as to improve the efficiency of state government as it relates to the state's health care delivery and financing system.
(e) The governor shall approve or reject the report within thirty days of its submission. If the governor rejects the report, the authority shall, within thirty days, make necessary revisions and resubmit the report for the governor's approval. The governor shall approve or reject the report within thirty days of its resubmittal. If the governor fails to approve or reject the report within any thirty-day period, the report shall be deemed approved. The process set forth herein shall continue until the governor has approved the report. Upon approval of the report by the governor, the authority shall submit the plan to the Legislature and each state agency involved with health care and shall make the report available to the public.
(f) Any plan or report required to be submitted to the governor or the Legislature by another section in this chapter may be combined with the annual report required by this section.
(g) The annual report and any other plan or report required by this chapter shall set forth whether the actions taken were, or the policy or plan is, consistent with federal health care reforms and, if not, an explanation of the inconsistency.
§16A-2-6. Policies, programs and services of state agencies to be consistent.

Each agency of state government shall ensure that its policies, programs, services, actions and expenditures related to health or health care are consistent with this chapter, the annual report, the state health plan and other authority policies. The authority shall require any state agency which itidentifies by rule as having any power or responsibility necessary or appropriate to carry out this chapter, the annual report, the state health plan or other authority policies or has any other policy, program or service relating to health or health care, to submit, and each state agency shall submit, a plan to the authority for its approval, showing how such agency plans to implement this chapter, the annual report, the state health plan or other authority policies, describing such other health care policy, program or service, and any expenditures or proposed expenditures therefor. The authority shall establish by rule the process for any such approval.
§16A-2-7. State health plan.

The authority shall update the state health plan required by section four, article one-a, chapter sixteen of this code, with the first update to be submitted to the governor not later than the first day of November, one thousand nine hundred ninety- three. The state health plan shall set priorities for the operations of appropriate state agencies and identify the priorities for the health care delivery system in West Virginia, such that the allocation of the state's limited resources in accordance with such priorities may be maximized. The state plan shall also set forth the authority's policies regarding cost containment and quality assurance, including practice guidelines; shall describe those health care services that should be available on a community, regional or state level, as further defined by the authority; shall describe the number and types ofresources, including facilities, personnel, major medical equipment, technologies and other resources required to make such services available and to accomplish the other goals of the plan; shall set forth any redistribution, substitution or other change in such resources needed to make such services available; and shall further state the extent to which existing health care services and facilities require modernization, conversion to other uses or closure, and the extent to which new health services or facilities need to be constructed or acquired. The state health plan shall promote the efficient allocation of health care resources, taking into consideration the sharing, consolidation or elimination of some resources, the development of primary care services in underserved areas and the establishment of community care networks as provided by article four of this chapter. The authority shall review the state health plan in connection with any health care reforms or other actions at the federal level and shall make such revisions as are necessary to conform the state health plan to appropriate federal health care reforms and other actions.
§16A-2-8. Single state agency.

The authority shall be the single state agency for the purposes of medicaid. As such, the authority shall make all rules, regulations and policies of the state medicaid plan and shall supervise the administration of the plan by the office of medical services of the department of health and human resources. Notwithstanding any other provision in this chapter to thecontrary, the office of the inspector general of the department of health and human resources shall not be under the supervision of the authority.
ARTICLE 3. HEALTH CARE DELIVERY SYSTEM.

§16A-3-1. Community care networks; criteria.

(a) Not later than the first day of July, one thousand nine hundred ninety-four, the authority shall develop a system for certification of community care networks. A certified community care network shall provide preventive and primary care and meet such other criteria as the authority shall set forth by rule. In establishing such rule, the authority shall consider the following:
(1) Flexibility in design and approach to meet the needs of the local community;
(2) Coordinated and cooperative health planning;
(3) Operation by health care providers and direction by a coordinating body as described in subsection (c) of this section, both at the community level and within a state framework;
(4) Participation by health care providers within the community, including both institutional providers and private practitioners and other noninstitutional providers;
(5) An organized, comprehensive continuum of care from preventive and primary care, including emergency care, through secondary and tertiary levels of care, including social and other appropriate services as necessary;
(6) Care management for each individual in the communitycare network, provided by primary care providers at the community level, and service coordination when appropriate;
(7) Delivery of health care services by a provider team within the parameters of the state health plan and consistent with other authority rules and policies;
(8) A written plan for the use of practice guidelines, quality assurance and utilization review consistent with the state health plan and other authority rules and policies;
(9) A system to ensure accountability for the appropriate use of limited resources and containment of costs consistent with the state health plan and other authority rules and policies;
(10) A single automated patient health care record; and
(11) Shared communications systems.
(b) Each certified community care network shall be directed by a coordinating body. The coordinating body shall be representative of the consumers of health care services, employers and other purchasers of health care services and the diverse health care providers within the community, including institutional providers, private practitioners and other noninstitutional providers, all of whom shall be residents of the area served or to be served by the community care network. The coordinating body shall identify goals for the community care network and assess the needs of the area served or to be served by the community care network and may take such other actions as it deems appropriate to carry out the duties imposed on it by this article and as are authorized or required by the provisionsof the implementation plan for the establishment of a community care network approved by the authority, as described in section three of this article, the cooperative agreement or the preliminary certificate of public advantage or by the certificate of public advantage, as appropriate. The coordinating body shall ensure that the implementation plan approved by the authority is followed and that the community care network, when established, accomplishes its goals and fulfills the purposes for which it was established. The coordinating body shall not be a for-profit entity but may be otherwise organized as the holders of the preliminary certificate of public advantage and, after creation of the coordinating body, as the coordinating body shall deem appropriate to carry out the duties imposed on it by this article.
(c) Not later than the first day of December, one thousand nine hundred ninety-six, the authority shall evaluate the progress of the community care networks and report on such evaluation, together with recommendations for future actions, if any, to the governor and the Legislature.
§16A-3-2. Cooperative agreements.

(a) Two or more health care providers, or one or more health care providers and a coordinating body, intending to form a community care network shall enter into a cooperative agreement prior to the establishment of the network. Any two or more health care providers, or one or more health care providers and a coordinating body, intending to enter into discussions that maylead to the establishment, first, of a cooperative agreement and, ultimately, of a community care network shall file with the authority, not later than twenty days prior to the proposed date of entering into the discussions, a letter of intent to discuss establishment of a cooperative agreement and community care network. The letter of intent shall provide such information as the authority may by rule prescribe, including a brief explanation of how the cooperative agreement to be discussed will satisfy the goals of the authority and will result in the establishment of a community care network.
(b) The authority shall review the letter of intent and determine, on the basis of the information provided to it, whether the cooperative agreement to be discussed is consistent with the goals of the authority and will likely result in establishment of a community care network.
(c) The authority shall provide by rule for notice to each party to the letter of intent of the authority's determination and whether the parties may proceed with discussions regarding a cooperative agreement and a community care network.
(d) The parties shall give the authority notice of all discussions regarding the cooperative agreement or the community care network and shall afford the director, or his or her designee, the opportunity to participate in the discussions, all as further provided by rule of the authority.
§16A-3-3. Preliminary certificates of public advantage.

(a) Two or more health care providers, or one or more healthcare providers and a coordinating body, that have held discussions authorized by section two of this article and that wish to proceed with the establishment of a cooperative agreement under this section shall file all of the following with the authority:
(1) A copy of the proposed cooperative agreement.
(2) A description of the potential health care providers to be included in the proposed community care network and the geographic area to be included.
(3) An implementation plan that states the following:
(A) How and when each action specified in the cooperative agreement shall be taken;
(B) How each specified action will meet the goals of the authority and lead to the establishment of a community care network; and
(C) How and when, within a period of not more than three years from the date of issuance of the preliminary certificate of public advantage provided herein, each of the authority's criteria for the establishment of a certified community care network will be met. Any implementation plan filed prior to adoption by the authority of the rule required by subsection (b), section one of this article shall use the items set forth in subdivisions one through eleven, subsection (b), section one of this article as the criteria to satisfy. The coordinating body shall be organized not later than six months after the date of issuance of the preliminary certificate of public advantageprovided herein.
(4) Letters of support for establishment of the community care network from those citizens, employers and health care providers, as the authority shall deem representative of the community or communities to be served by the community care network.
(5) An analysis of the impact of the proposed cooperative action on reducing health care costs for consumers, improving access to health care services, and improving the quality of patient care, including an assessment of the advantages and disadvantages of the proposed action;
(6) Any information the parties desire to present to the authority in support of the cooperative agreement; and
(7) Any additional information the authority considers necessary to complete its review.
(b) Upon receipt of a filing under subsection (a) of this section the authority shall conduct a review of the documents filed to determine whether the proposed cooperative agreement and implementation plan can reasonably be expected to satisfy the goals identified by the authority and result in the establishment of a community care network. The authority shall provide by rule a procedure to ensure public access to the information filed and the opportunity for public comment on the proposed cooperative agreement and implementation plan.
(c) The authority shall issue a preliminary certificate of public advantage approving a proposed cooperative agreement if itdetermines that the proposed cooperative agreement and implementation plan can reasonably be expected to satisfy the goals identified by the authority pursuant to subsection (a), section one of this article, that the proposed agreement is likely to result in the establishment of a community care network, and that the requirements of subsection (e) of this section are met. The certificate shall specify the goals the cooperative agreement is required to satisfy, the health care services or facilities involved in and approved under the cooperative agreement and, as such, exempt from certificate of need review pursuant to section four-b, article two-d, chapter sixteen of this code, and the intervals at which the progress reports required by section four of this article must be made. Upon receipt of the preliminary certificate, the parties may enter into the cooperative agreement.
(d) The authority shall establish by rule the procedure for notifying the parties to the cooperative agreement of the issuance or denial of the preliminary certificate of public advantage and for contesting such issuance or denial. At the written request of any person and payment of a reasonable fee to cover the cost of copying, the director shall provide a copy of a preliminary certificate of public advantage issued under this section or of a notice denying the preliminary certificate.
(e)(1) The authority may issue a preliminary certificate of public advantage for a cooperative agreement only if it determines, on the advice of counsel, all of the following:
(A) That the benefits likely to result from the cooperative agreement substantially outweigh any disadvantages attributable to a reduction in competition likely to result; and
(B) That any reduction in competition likely to result from the cooperative agreement is reasonably necessary to obtain the benefits likely to result.
(2) In determining whether the criterion under subdivision (1)(A) of this subsection is met, the authority shall find that the following are likely to result from the cooperative agreement: Provided, That the authority may waive one or more, but not all, of such criteria if the authority determines that the criteria are substantially met.
(A) The quality of health care provided to residents of the state will be enhanced;
(B) A health care provider, if any, and health care facilities that customarily serve the communities in the area likely affected by the cooperative agreement will be preserved;
(C) Services provided by the health care providers that are parties to the cooperative agreement will improve cost efficiency;
(D) The use of health care resources and equipment in the area likely affected by the cooperative agreement will improve;
(E) The arrangement will result in lower health care costs or greater access to health care services than exist in the area likely affected by the cooperative agreement prior to the effective date of the agreement; or
(F) Duplication of health care resources in the area likely affected by the cooperative agreement will be avoided.
(3) The authority's evaluation of any disadvantages attributable to any reduction in competition likely to result from the cooperative agreement may include, but need not be limited to, the following factors:
(A) The extent of any likely adverse impact on the ability of health maintenance organizations, preferred provider organizations or other health care payors to negotiate optimal payment and service arrangements with hospitals, physicians, allied health care professionals or other health care providers;
(B) The extent of any reduction in competition among physicians, allied health professionals, other health care providers or other persons furnishing goods or services to, or in connection with, hospitals that is likely to result directly or indirectly from the cooperative agreement; and
(C) The extent of any likely adverse effect on patients in the quality, availability and price of health care services.
(4) In order to determine that the criterion under subdivision (1)(B) of this subsection is met, the authority shall consider whether any other arrangements that are less restrictive on competition would likely achieve substantially the same benefits or a more favorable balance of benefits over disadvantages than that likely to be achieved from the arrangement contemplated by the proposed cooperative agreement.
(d) The authority may condition the issuance of apreliminary certificate of public advantage on a modification of all or part of a proposed cooperative agreement, including the elimination of any restrictions on competition that are not reasonably related to the goals of controlling costs, improving access or quality, or the goals of the implementation plan, or both. The authority may also establish conditions for approval that are reasonably necessary to protect against any abuses of private economic power, including the unreasonable exercise of power by an institutional health care provider that adversely affects one or more noninstitutional health care providers or by a secondary or tertiary care provider that adversely affect preventive or primary care providers, and to ensure that the arrangement is appropriately supervised and regulated by the state.
(e) Additional cooperative agreements or amendments to the existing cooperative agreement or agreements necessary to effect the proposed community care network shall be submitted to the authority for approval, modification or rejection by the process described in this section. The preliminary certificate of public advantage shall be amended as necessary to reflect the authority's determination.
§16A-3-4. Progress reports; revocation of preliminary certificate of public advantage; rules.

(a) The holders of a preliminary certificate of public advantage shall submit progress reports to the authority at intervals specified in the preliminary certificate. A progressreport shall contain all of the following:
(1) A description of the progress of the holders of the preliminary certificate in taking the actions specified in the cooperative agreement and in meeting the goals specified in the preliminary certificate and the criteria for the establishment of a community care network as set forth in the holders' approved implementation plan;
(2) An analysis of the impact of the cooperative agreement on reducing health care costs for consumers, improving access to health care services and improving the quality of health care;
(3) If the holders of the preliminary certificate of public advantage are not making the progress required under the implementation plan, the reasons for the lack of progress and a proposed revised implementation plan; and
(4) Any additional information the authority considers necessary to determine the progress of the cooperative agreement and under the implementation plan.
(b) If, at the end of three years, the holders of the preliminary certificate of public advantage have not established a certified community care network, the holders must apply for an extension of their preliminary certificate of public advantage. In such case, the holders shall submit to the authority the documents and other information, and the authority shall make the findings, required by section three of this article.
(c) The authority may rescind a preliminary certificate of public advantage by issuing a rescission order if the holders ofthe preliminary certificate fail to make the progress reports required by subsection (a) of this section or if it determines, on the basis of its review of the cooperative agreement, progress reports and any other information available to it, that the holders are not meeting the goals specified in the preliminary certificate, that the establishment of a community care network in accordance with the implementation plan is unlikely, or that the likely benefits from the cooperative agreement or proposed community care network no longer outweigh any disadvantage attributable to any potential reduction in competition resulting from the cooperative agreement or proposed community care network.
(d) Prior to issuing an order rejecting an extension or rescinding a preliminary certificate of public advantage, the authority shall give notice to the health care providers of its intention to issue the order, shall publish such notice as a class I legal advertisement, as defined in article three, chapter fifty-nine of this code, in a newspaper or newspapers of general circulation in the community or communities affected by the cooperative agreement and give such other notice as the authority may prescribe by rule. The notice shall contain such information and shall provide for a period of time during which the authority will accept evidence regarding its proposed order, all as provided by rule of the authority. If the authority determines that there is no longer any reason for rejection of the extension or rescission of the preliminary certificate, it shall so notifyeach of the holders and any interested party from whom it received evidence. If the authority determines that there is still reason to reject the extension or rescind the preliminary certificate of public advantage, it shall issue a rejection or rescission order.
(e) One or more of the holders of the preliminary certificate of public advantage or any other person adversely affected by the authority's order may appeal a rejection or rescission order by filing written notice of appeal with the authority not later than thirty days after its issuance. If an appeal is filed, the authority shall appoint an attorney to conduct a hearing on whether the holders of the preliminary certificate have substantially complied with the cooperative agreement and plan of implementation approved by the authority and whether the likely benefits of the cooperative agreement continue to outweigh any disadvantages attributable to any reduction in competition resulting from the cooperative agreement. The burden of proof is on the party or parties filing the appeal.
(f) The hearing officer shall issue a report to the authority that sets forth findings of fact and conclusions of law, with a recommendation to the authority for further action. The authority shall accept, reject or modify, in whole or part, the recommendation and shall issue a final order. Such order is appealable in the circuit court of Kanawha County, or to the judge thereof in vacation. During the pendency of the appealbefore the hearing officer, authority, court or judge, the rejection or rescission order shall be held in abeyance.
(g) The authority shall adopt the rules required to implement sections two through four of this article, including rules that specify the additional information required to be included in progress reports and establishing criteria to be used by the authority in deciding whether to issue a rejection or rescission order, not later than the first day of August, one thousand nine hundred ninety-three.
(h) If a party to a cooperative agreement that is issued a preliminary certificate of public advantage terminates its participation in the agreement, the party shall file a notice of termination with the authority not less than thirty days before the termination takes effect. If all parties to the cooperative agreement terminate their participation in the agreement, the authority shall revoke the preliminary certificate of public advantage for the agreement.
(i) If a rejection or rescission order is upheld, or a preliminary certificate is revoked, the health care providers subject to the preliminary certificate shall ensure to the satisfaction of the authority the continuing care of the health care consumers affected by the cooperative agreement.
(j) For the purposes of rejection or rescission of a preliminary certificate of public advantage, the unavoidable costs associated with cancelling the cooperative agreement shall be considered when weighing the benefits against thedisadvantages of the arrangement.
(k) The authority shall maintain a file of all cooperative agreements for which preliminary certificates of public advantage have been issued and remain in effect.
§16A-3-5. Certificate of public advantage.

(a) After issuance of a preliminary certificate of public advantage, a community care network may be certified by meeting the criteria provided for in section one of this article and receiving from the authority a certificate of public advantage pursuant to the provisions of this section.
(b) The authority shall set forth by rule the state's method of approval and continuing active supervision of a community care network, including recertification not less often than every three years and a procedure for revoking a certificate. The procedures established and findings required by the authority shall be similar to, and shall involve no less state approval or continuing active supervision, or public notice and comment, than those required by sections two through four of this article for preliminary certificates of public advantage.
(c) The authority may establish one or more levels of community care networks in the manner described in this section, all as the authority shall determine necessary to ensure a smooth progression from a cooperative agreement to a certified community care network.
§16A-3-6. Antitrust; state action.

(a) The Legislature hereby specifically finds that theintegration of and cooperation and collaboration among health care providers, including those that would otherwise be in competition, often provide more benefits than the competition that would otherwise be provided and, consequently, with the determinations made by the authority pursuant to this article, justify exemption from the antitrust provisions of state and federal law.
(b) It is the intent of this article to require the state, through the authority, to provide direction, supervision and control over cooperative agreements and community care networks entered into under this article. To achieve the goals of this chapter, it is the intent that this state direction, supervision and control of cooperative agreements and community care networks, and actions taken in connection therewith, will provide state action immunity under federal antitrust laws to the health care providers and coordinating bodies that enter into discussions authorized under section two of this article, into cooperative agreements under section three of this article or into community care networks under section five of this article.
(c) The antitrust provisions set forth in article eighteen, chapter forty-seven of this code do not apply to discussions authorized under section two of this article, cooperative agreements entered under section three of this article or a community care network established under section five of this article, or to any discussion or other conduct pertaining to a cooperative agreement or community care network or carried outpursuant to a cooperative agreement or in a community care network. Any contract, business or financial arrangement or other activity, practice or arrangement involving health care providers or other persons that is approved by the authority under this article does not constitute an unlawful contract, combination or conspiracy in unreasonable restraint of trade or commerce. Approval by the authority is an absolute defense against any action under the state antitrust laws.
(d) Nothing in this article gives the authority or any person the right to require a health care provider or other person to discuss or enter into a cooperative agreement or a community care network. This article has no effect on any cooperative agreement made, cooperative action entered into or network formed by two or more health care providers or other persons who are not acting under this article.
§16A-3-7. Incentives for community care networks.

The ultimate goal for community care networks is to provide universal access to the citizens of West Virginia to a uniform health benefits package at a reasonable, affordable cost. The focus of community care networks shall be on maintaining the health of West Virginia's citizens and providing incentives for the most appropriate and efficient way of addressing their health care needs. In furtherance of this goal, the authority is hereby authorized and directed to establish by rule, not later than the first day of July, one thousand nine hundred ninety-four, incentives for health care providers to organize into communitycare networks and for consumers to use the services provided by community care networks, and such other incentives as it deems necessary to implement the reforms set forth in this chapter and the provisions of the state health plan. In establishing such rules, the authority shall consider preferential reimbursement for providers in community care networks, decreased deductibles and copayments for consumers participating in community care networks, reimbursement rates reflecting the priorities of preventive and primary health care, reimbursement rates encouraging providers to serve rural areas, uniform billing forms and procedures for providers within community care networks, and uniform utilization review procedures for providers within community care networks.
§16A-3-8. Technical assistance; demonstration projects.

(a) The authority is hereby authorized and directed to provide technical assistance for expanding and supporting existing community health centers, to work with private practitioners in forming rural health clinics or federally qualified health centers, to assist and support public health departments in expanding their services to offer comprehensive primary care services, to assist communities in recruiting primary care practitioners to areas designated as underserved by the state, to assist and support small rural hospitals in developing primary care services and to assist providers in establishing outreach programs to underserved communities.
(b) The authority shall also provide technical assistance tocommunities and health care providers who desire to establish community care networks. The authority shall, not later than the first day of July, one thousand nine hundred ninety-four, develop a program for no fewer than five community care network demonstration projects. The authority may provide grant money for all or any part of a demonstration project, either with funds appropriated to it by the Legislature or through federal, private or other grant funds, or both: Provided, That the authority may make grants only to nonprofit organizations and in making grants shall consider the financial need of the communities or health care providers, or both. The projects shall to the extent possible demonstrate different methods of establishing community care networks. The projects may include community organization, planning, development and implementation of a cooperative agreement, and development and implementation of a community care network, or any of such actions. The authority shall report to the governor and the Legislature from time to time, not less often than annually, on the progress of any demonstration project.
(c) The authority shall explore the creation of a low- interest revolving loan fund for community-based primary care centers and for community care networks and shall make a recommendation regarding such loan fund to the governor and the Legislature not later than the first day of December, one thousand nine hundred ninety-three.
§16A-3-9. Long-term care.

(a) The authority shall be responsible for comprehensive long-term care planning and shall develop and submit to the governor and the Legislature, not later than the first day of September, one thousand nine hundred ninety-five, a comprehensive state long-term care plan. The long-term care plan shall set forth goals and objectives taking into consideration a full range of long-term care services and activities and policy with respect to the following:
(1) A system for long-term support based upon an individual's functional needs and not categorical labels.
(2) Policies, programs and resource allocation recommendations that reflect a shift away from providing traditional care in medically oriented facilities toward providing support in natural environments whenever possible.
(3) The development of an effective system of service coordination for long-term care consumers that provides for varying levels of support depending upon the needs of the individual.
(4) Recommendations for the development, integration and coordination of services, including, but not limited to, the following:
(A) Case management;
(B) In-home services;
(C) Care-giver support;
(D) Alternative community living;
(E) Rehabilitation services;
(F) Mental health services;
(G) Transportation services;
(H) Assistive technologies;
(I) Long-term care facilities, in patient mental health facilities and rehabilitation facilities;
(J) Education; and
(K) Other services to meet people's basic needs.
(5) Strengthening informal support systems as part of long- term care; and
(6) Emphasis on consumer participation and direction.
(b) The authority may from time to time engage in research and demonstration activities for the purpose of designing, testing and implementing statewide strategies for long-term care service development in accordance with the long-term care plan.
§16-3-10. Wellness; community-based health promotion programs.

(a) The Legislature hereby specifically finds that good health is greatly influenced by social and economic factors and individual lifestyles and behaviors and that organizational and institutional changes must be made to support individual change.
(b) The authority shall develop or cause to be developed, not later than the first day of November, one thousand nine hundred ninety-three, a plan for educating West Virginians on proper access and use of the health care system and for encouraging West Virginians to adopt and maintain healthful lifestyles. Such plans, among other measures, shall encouragepeople to:
(1) Establish a relationship with a primary care provider before they get sick;
(2) Assure continuity of care by remaining with one primary care provider unless there is a substantial reason to change providers;
(3) Use a primary care provider rather than a hospital emergency room for nonemergency health care problems;
(4) Follow a recommended schedule of preventive care;
(5) Follow the advice and instructions of their health care providers;
(6) Take an active, informed role in the treatment process;
(7) Learn principles of self-care; and
(8) Complete advance directive documents such as those provided for in articles thirty and thirty-a, chapter sixteen of this code.
(c) The authority shall also support and encourage health promotion and wellness in the workplace by providing educational and administrative support to entities, including, but not limited to, any nonprofit corporation organized to promote wellness among private employers, to promote, coordinate, assist and disseminate successful wellness initiatives and shall promote and support the creation and maintenance of organized community- based health promotion programs throughout the state.
§16A-3-11. School health.
The authority shall work with the state department ofeducation to further refine the strategy to implement the school health projects of the department of education and the school health committee, including identifying training requirements, determining sources and required amounts of funding, and establishing a time line for implementing comprehensive school health programs in grades kindergarten through twelfth in every school in the state not later than the academic year beginning in one thousand nine hundred ninety-seven.
§16A-3-12. Comprehensive children's health services.
The authority shall work with the governor's cabinet on children and families to implement the comprehensive health services recommended in the report of the children's commission within the cabinet.
ARTICLE 4. HEALTH CARE BENEFITS; FINANCING; COST CONTAINMENT.
§16A-4-1. Uniform health benefits package.
(a) In furtherance of achieving the goal of providing universal access to a uniform health benefits package, as intended by this chapter, the authority shall define a uniform health benefits package for the citizens of West Virginia not later than the first day of December, one thousand nine hundred ninety-three. The uniform health benefits package shall include, but not be limited to, health education, child health care, pregnancy-related care, behavioral health services, emergency care, preventive and primary care, and necessary and appropriate secondary and tertiary care. In developing the uniform health benefits package, the authority shall consider the following:
(1) Preventive care, including health promotion and primary care as priorities.
(2) Return to function as a key consideration for secondary and tertiary care.
(3) Basing decisions about providing health care services on individual needs, considering the effectiveness of treatment, quality of life and long-term benefits.
(4) Offering benefits within the context of a system of managed care, with practice guidelines setting boundaries for treatment decisions.
(b) The authority shall also determine which health care services shall be available on a community level, a regional level or a state-wide level.
(c) Notwithstanding subsection (a) of this section, the authority shall revise the state's uniform health benefits package from time to time as necessary to coordinate with applicable federal health care reform.
§16A-4-2. State purchasing.
(a) Beginning the first day of January, one thousand nine hundred ninety-four, the authority shall coordinate the health care purchasing and payment functions of the state public employees' insurance agency, the division of workers' compensation, the department of health and human resources, the division of rehabilitation services, the division of corrections and other appropriate state agencies designated by rule of the authority: Provided, That the authority shall not consolidatethe programs or funds of such agencies or require the transfer of any program or the agency's budget therefor to the authority without prior legislative approval, except as herein expressly provided. The authority shall establish by rule the procedures for purchasing and payment by such agencies. Such rules shall consider, among other things, the following:
(1) The benefits package provided by such agency;
(2) The fees and charges reimbursed by such agency;
(3) Utilization review and other cost control methods;
(4) Coordination with other state agencies;
(5) Incentives for the development of community care networks, preventive and primary health care services and services in rural areas;
(6) Requirements for personal responsibility of health and health care;
(7) Administrative forms and procedures; and
(8) Other appropriate policy matters.
(b) The authority may negotiate and contract with health care providers and other appropriate groups on behalf of all or any one of the agencies.
(c) The authority shall undertake a study of consolidating the health care purchasing programs or the health care funds, or both, of the state and shall submit a report of such study to the governor and the Legislature not later than the first day of December, one thousand nine hundred ninety-four.
§16A-4-3. Financing; actuarial study; federal actions.
(a) The authority shall contract for and undertake on-going actuarial studies and economic analyses, beginning not later than the first day of September, one thousand nine hundred ninety- three, to provide the authority with information needed to develop and implement state and federal health care reforms. The studies and analyses shall include:
(1) The cost of the uniform health benefits package defined under section one of this article;
(2) The financial impact on consumers, health care providers, health insurers and state government of proposed reforms, such as a shift to community rating for health insurance underwriting and guaranteed policy renewability;
(3) The financial impact on West Virginia and its citizens of reforms being proposed at the federal level;
(4) The effect of various financing mechanisms, including any proposed at the federal level, on different segments of the state's economy, defining them in relation to the existing health care financing system;
(5) The effect of any financing proposal on the border areas of the state;
(6) The amount of state subsidy required under the various proposals submitted;
(7) The projected savings from the implementation of various cost containment methods; and
(8) Such other information as the authority may deem necessary or appropriate to carry out its responsibilities underthis chapter.
(b) The authority shall, at least quarterly, assess its policies and plans as they relate to the federal government's plans with respect to health care. The authority shall obtain such additional information, conduct such further research and revise its policies and plans as may be necessary to ensure that the state's health care policies are consistent with federal policy reforms and that the authority can take any actions necessary to implement appropriate federal reforms in West Virginia at the earliest date possible under the applicable federal laws or regulations.
(c) The authority shall consider the methods for integrating any federally funded and federally controlled programs into any programs to be funded or controlled, or both, by the state. The authority shall pursue any federal waivers, exemptions or preemptions as needed for such integration.
(d) The authority may seek to become a demonstration state for federal health care reform.
(e) Based upon the information derived from the studies and analyses compiled pursuant to this section and any health care reforms at the federal level, the authority shall submit to the governor and the Legislature:
(1) Not later than the first day of December, one thousand nine hundred ninety-three, a plan detailing the costs and benefits of using federal funds to the greatest extent legally possible and appropriate, including waivers and exemptions neededfrom the federal government;
(2) Not later than the first day of December, one thousand nine hundred ninety-four, a plan for integrating workers' compensation medical benefits with the provisions of health care services included in the uniform health benefits package; and
(3) Not later than the first day of July, one thousand nine hundred ninety-five, a plan to enable individuals and employers for whom participation would be more economical than the purchase of private insurance to purchase insurance from the public employees' insurance agency.
§16A-4-4. Expenditure targets; global budgeting.
The Legislature anticipates the establishment by the federal government of global budgeting as a method to contain health care costs. To prepare for such budgeting, and to develop expertise in expenditure targets for various types of health care providers, the authority shall not later than the first day of January, one thousand nine hundred ninety-four, develop retrospective expenditure totals, by provider type, for the fiscal year ending on the thirtieth day of June, one thousand nine hundred ninety-three, using available data. The authority shall also, based on available data, estimate expenditure targets for the fiscal years ending on the thirtieth day of June, one thousand nine hundred ninety-four and one thousand nine hundred ninety-five, respectively. Not later than the first day of July, one thousand nine hundred ninety-five, the authority shall develop a global budget for both institutional andnoninstitutional providers for the fiscal year beginning on the first day of July, one thousand nine hundred ninety-six. Such global budget and any cost containment methods to keep expenditures within the budget shall be established by rule of the authority in accordance with chapter twenty-nine-a of this code and may not be designated as emergency rules. Such rules and other methodologies used by the authority to set expenditure targets and develop a global budget shall be revised from time to time as necessary to conform to federal health care reforms.
§16A-4-5. Certificate of need allocation.
The Legislature hereby specifically finds that the state's health care system must avoid duplication of services, encourage shared use of high-tech diagnostic equipment, efficient use of equipment and technology and eliminate over-capacity caused by excess equipment and technology. Further, the state must avoid the acquisition or creation of unneeded specialty services. To that end, the authority shall establish by rule, not later than the first day of November, one thousand nine hundred ninety- three, a process for determining a budget for capital expenditures for the fiscal year beginning the first day of July, one thousand nine hundred ninety-four, and for each fiscal year thereafter. Such process and budget shall:
(a) Establish classes of certificate of need and the maximum aggregate principal amount of certificates, that may be issued within each class during a year;
(b) Support the regionalization of high-tech and specialtycare and the development of primary care and other community-based, low-cost services;
(c) Support the establishment and use of community care networks;
(d) Provide for exceptions in emergency circumstances that pose a threat to public health; and
(e) Provide for the application of the budget and certificate of need allocation by the health care cost review authority pursuant to article two-d, chapter sixteen of this code.
§16A-4-6. Rates.
(a) Not later than the first day of September, one thousand nine hundred ninety-four, the authority shall establish by rule a system of payment for institutional health care providers to be implemented by the state health care cost review authority, based on the medicare diagnostic related group payment system, with such modifications as shall be deemed by the authority necessary to serve the best interests of the state's health care system.
(b) Not later than the first day of September, one thousand nine hundred ninety-five, the authority shall establish by rule a system of payment for noninstitutional health care providers to be implemented by the state health care cost review authority, based on the resource based relative value system, with such modifications as shall be deemed by the authority necessary to serve the best interests of the state's health care system.
(c) Not later than the first day of September, one thousandnine hundred ninety-six, the authority shall submit to the governor and the Legislature a plan for establishing and implementing a system of prepaid, prospective payment for all health care providers, to be implemented by the state health care cost review authority, for the delivery of health care services included in the uniform health benefits package.
(d) Upon establishment of uniform rates as provided in this section, each health care provider shall accept as payment in full for the delivery of such services the amount so established. In such instance, the health care provider shall bill the payor directly for the services and shall not bill the beneficiary or any other person on behalf of the beneficiary and, except for deductibles or other payments specified in the applicable plan or plans, the beneficiary shall not be personally liable for any of the charges, including any balance claimed by the provider to be owed as being the difference between that provider's charge or charges and the amount established as set forth in this section. Any health care service which is not included in the uniform health benefits package shall be the responsibility of the beneficiary.
(e) Both public and private payors and health care providers shall be subject to any rates set in accordance with this section.
(f) The rate-setting methodologies and plan for prepayment hereinabove provided shall be coordinated to the extent possible with any federal prospective payment system or other reforms, andthe authority shall revise its rules, or shall present to the governor and Legislature legislation required, to comply with such federal reforms.
(g) As soon as possible, in relationship to federal health care financing reforms, the authority shall develop and submit to the governor and Legislature a mechanism for recapturing any savings in the state's health care system and applying such savings to finance universal access to the uniform health benefits package.
(h) In establishing any rules and plans under this section, the authority shall consider the incentives required by section seven, article three of this chapter and shall recognize the personal responsibility of each individual for his or her own health and health care.
§16A-4-7. Insurance reform.
Not later than the first day of December, one thousand nine hundred ninety-four, the authority shall submit to the governor and Legislature a plan of health insurance reforms for the state. Such plan shall consider:
(a) A shift to community ratings and a risk adjustment strategy to equalize the risk to insurance companies as a shift to community rating occurs;
(b) Coverage of all West Virginians for the uniform health benefits package;
(c) The cost of the uniform health benefits package, including any additional premium allowance for administration bythe insurer;
(d) Offer of at least one managed care option;
(e) Guaranteed loss ratio standards, with methods for rebating excess premiums;
(f) Quality assurance;
(g) Guaranteed renewability of an insurance policy at a premium rate that does not take into account claims experience or any change in health status of the insured that occurred after initial issuance of the policy;
(h) Portability of insurance coverage from employer to employer or to unemployment and back to employment;
(i) Appropriateness of waiting periods and preexisting conditions;
(j) Supervision of health care insurance by the authority, including procedures for appeals; and
(k) Standard forms and data elements.
§16A-4-8. Office of consumer advocacy established; appointed by director; promulgation of rules; authority.

(a) There is hereby created within the authority the office of consumer advocacy. The director of the authority shall appoint the consumer advocate or advocates for such office.
(b) The authority shall promulgate rules to effect the purposes of this section.
(c) In addition to the authority established under the rules promulgated by the authority, the office of consumer advocacy may:
(1) Institute, intervene in, or otherwise participate in, as an advocate for the public interest and the interests of health care consumers, proceedings in state and federal courts, before federal and state agencies, including, but not limited to, the insurance commissioner of West Virginia, the department of health and human resources, and state health care cost review authority, concerning applications, proceedings or complaints before them or the review of any act, failure to act, or order of such agency;
(2) Review information, data and studies of health care costs for the purposes of reviewing, establishing, investigating or supporting any policy regarding health care financing;
(3) Exercise all the same rights and powers regarding examination and cross-examination of witnesses, presentation of evidence, rights of appeal and other matters as any party in interest appearing before the authority;
(4) Hire consultants, experts, lawyers, actuaries, economists, statisticians, accountants, clerks, stenographers, support staff, assistants and other personnel necessary to carry out the provisions of this section, which personnel shall be paid from special revenue funds appropriated for the use of the office;
(5) Contract for the services of technically qualified persons in health care matters to assist in the preparation and presentation of matters before the courts, the authority or federal or state agencies, which persons shall be paid from special revenue funds appropriated for the use of the office;
(6) Make recommendations to the Legislature concerning legislation to assist the office in the performance of its duties;
(7) Communicate and exchange data and information with other federal or state agencies, and with other interested parties, including, but not limited to, health care consumers, insurance companies or other interested parties; and
(8) Perform other duties to effect the purposes of the office.
(d) The provisions of this section do not apply to any matter pending prior to the first day of July, one thousand nine hundred ninety-three. All proceedings and orders in connection with these prior matters shall be governed by the law in effect at the time of the initiation of the matter.
(e) The office of consumer advocacy shall be funded in an amount to be appropriated by the Legislature from special revenue funds.
§16A-4-9. Uniform billing.
The authority shall develop uniform billing forms, uniform electronic billing procedures and other uniform claims procedures for all health care providers by the first day of January, one thousand nine hundred ninety-four.
ARTICLE 5. INFORMATION SYSTEM; REQUIREMENTS.
§16A-5-1. Information system.
(a) The authority shall develop an information system that provides data with which the authority can evaluate health carereform initiatives and the effectiveness and efficiency of health care services in the state with which the public can make health care decisions. The authority shall be responsible for coordinating data systems, analyzing studies and developing and disseminating information to policy makers, health care providers and the public. Specifically, the authority shall be responsible for the following:
(1) Development of a base line and on-going studies to determine the effectiveness of the policies implemented by the authority, specifically with respect to access, cost and quality of care;
(2) Applied research using existing and newly established health care data bases and promotion of applications based on existing research;
(3) In cooperation with physicians, the development of outcome-based practice guidelines;
(4) Development and implementation of data collection procedures and standards and minimum data elements to ensure a high level of cooperation from health care providers, health insurers and state and local agencies, and promulgation of rules not later than the first day of January, one thousand nine hundred ninety-four establishing such collection procedures and standards and such minimum data elements for state and local agencies indicated by such rules as maintaining data bases relating to health or health care;
(5) Participation as a partner or sponsor of private sectorinitiatives that promote publicly disseminated applied research on health care delivery, outcomes, costs, quality and management;
(6) Technical assistance to health information systems planners in the purchase and acquisition of information systems and related software and such other technical assistance determined necessary by the authority;
(7) Dissemination of information to state policy makers, health care providers and the public, and ensuring that such information is understandable to the general public;
(8) Assistance to researchers, whether public, private or public-private, in obtaining access to health-related data bases;
(9) Preparation of a plan to develop medical records, including electronic medical records, with common data elements for use within community care networks, and, notwithstanding anything in this code to the contrary, establishment by rule of processes to permit the use of electronic signatures by health care providers in conjunction with electronic medical records and invoices for payment based on such records.
(10) Publication of studies on the use of health care services to assist community care networks in organizing and developing their health care services;
(11) Development of data and methods that can be used to calculate regional and statewide spending limits and various options for expressing spending limits, such as maximum percentage growth rates or actuarially adjusted average per capita rates that reflect the demographics of the state or aregion of the state;
(12) Development of methods to adjust spending limits to account for patients who are not West Virginia residents, to reflect care provided to a person outside the person's region, and to adjust for demographic changes over time; and
(13) Adoption of rules defining standards for access to, and retention, security and destruction of, electronic medical records.
(b) Data and research initiatives by the authority shall:
(1) Serve the needs of the general public, payors and providers of public sector health care programs, employers and other purchasers of health care, health care providers and health insurers;
(2) Promote publicly disseminated, applied research on health care delivery, outcomes, costs, quality and management;
(3) Conduct research and promote health care applications based on scientifically sound and statistically valid methods;
(4) Be statewide in scope so as to benefit health care purchasers and providers in all parts of West Virginia and to ensure a broad and representative data base for research, comparisons and applications;
(5) Emphasize data that is useful, relevant and nonredundant of existing data: Provided, That the initiatives may duplicate existing private activities if duplication is necessary to ensure that the data collected will be in the public domain;
(6) Be structured to minimize the administrative burden onhealth insurers, health care providers and the health care delivery system and to minimize any effect on the privacy of individuals;
(7) Promote continuous improvement in the quality, efficiency and effectiveness of health care delivery; and
(8) Determine the need for new data bases.
(c) Data and research initiatives related to public sector health care programs shall:
(1) Assist the state's current health care financing and delivery programs to deliver and purchase health care in a manner that promotes improvements in health care efficiency and effectiveness;
(2) Assist the state in its public health activities, including the analysis of disease prevalence and trends and the development of public health responses;
(3) Assist the state in developing and refining its overall health policy, including policy related to health care costs, quality and access; and
(4) Provide a data source that allows the evaluation of state health care financing and delivery programs.
(d) The authority may carry out its responsibilities under this article either directly or indirectly by delegating to another state agency or by contracting with any public, private or public-private entity.
§16A-5-2. Collection of data; information to be provided.
(a) The authority shall collect data from health careproviders, health insurers and individuals in the most cost- effective manner, which does not unduly burden the providers, insurers or individuals. The authority may require health care providers and health insurers to collect and provide, subject to the provision of this article requiring confidentiality, patient health records and to cooperate in other ways with the data collection process. Each payor of health care services in the state shall furnish any information reasonably required by the authority. Such information shall be provided by electronic media, tape or diskette if available or as otherwise requested by the authority.
(b) Each employer in the state providing health insurance coverage to its employees shall provide the authority, not later than the first day of July, one thousand nine hundred ninety- four, and on or by the first day of July of each year thereafter, information regarding any health care coverage provided by the employer for its employees, including the number and employment status of those covered, total and individual costs, health care services covered, deductibles, copayments and other relevant information, all as reasonably required by the authority. The employer shall also inform each employee in writing of the cost of that employee's health care coverage incurred by the employer. For purposes of this subsection, "employee" includes any family members or other dependents included with the employee for coverage.
(c) Each agency of state government required to submit areport regarding any aspect of health care to the Legislature or the governor, or both, shall, at the same time, submit a copy of such report to the authority.
(d) The state health care cost review authority shall provide to the authority all data it receives regarding hospital discharges, nursing home occupancy rates, ambulatory-surgical data and similar information. In addition to information currently received, the health care cost review authority shall require each hospital to provide it with such other information as the authority may reasonably request to carry out its duties. The insurance commissioner of West Virginia shall provide to the authority any information upon request and shall enforce the applicable requirements of this section. The university of West Virginia board of trustees and the board of directors of the state college system shall provide to the authority all information on health professions students and residents as the authority reasonably requests. If such information is not available, the boards shall take necessary steps to compile such information.
(e) Each agency of state government, including those specified in subsection (d) of this section, shall provide the authority with any data or information requested, including data that are considered confidential or otherwise protected from external release. Such data shall be subject to the same state and federal statutory provisions as are applicable to the agency from which the data was originally obtained. Data which isotherwise protected by statue shall not be further transferred to any entity by the authority without a separate written agreement with the agency which originally provided the data to the authority.
(f) All data collected and maintained by any state agency relating to health care or any aspect of health care delivery in West Virginia, and any compilation, summary or analysis thereof or other information in connection therewith, shall be the property of the authority and shall be collected, maintained and used by such state agencies only in accordance with the rules, policies or guidelines established by the authority.
§16A-5-3. Confidentiality.
(a) The authority shall not release data that identifies individuals by name except as specifically required by this code or by court order. The authority may release data identifying individuals by number or similar methods and other data not generally available to the public, to researchers affiliated with university research centers or departments who are conducting research on health outcomes, practice guidelines and medical practice style, and to researchers working under contract with the authority. The authority may also release such data to any other person who the authority determines is appropriate to receive such information: Provided, That such persons must agree to protect the confidentiality of such data according to this article.
(b) Summary data derived from any of the data collected byor for the authority may be released in studies produced by the authority or by any of its contractors, cosponsors and research affiliates.
(c) The authority shall adopt rules to establish criteria and procedures to govern access to and the use of data collected by or for the authority. Records regarding individuals shall not be subject to release under article one, chapter twenty-nine-b of this code or under any other freedom of information provisions.
§16A-5-4. Policy and technical advisory committee.
The authority shall convene a policy and technical advisory committee, consisting of health service researchers, health care providers, health care consumers and representatives of health insurance, of businesses that purchase health coverage and of state government, which shall meet at least quarterly. Among other things, the committee shall:
(a) Design policies and standards for health data;
(b) Evaluate methods of data collection and recommend to the authority methods of data collection that minimize administrative burdens, address data privacy concerns and meet the needs of health service researchers;
(c) Review and make recommendations for research studies; and
(d) Participate in data and research policy development as part of authority and grant-funded initiatives.
§16A-5-5. Federal and other grants.
The authority may seek federal funding and funding fromprivate and other nonstate sources for appropriate initiatives provided by this article.
§16A-5-6. Contracts and grants.
To carry out the duties assigned to it in this article the authority may contract with or provide grants to private or public-private sector entities or to other governmental entities. Any contract or grant must require such other entity to maintain the data on individuals which it receives according to this article and any other statutory provisions applicable to such data.
§16A-5-7. National health status indicators.
The authority shall implement or cause to be implemented a periodic analysis and publication of data necessary to measure progress toward objectives for at least ten of the priority areas of the national health objectives and participate or cause the bureau of public health of the department of health and human resources to participate in the development and implementation of a national set of health status indicators appropriate for federal, state and local health agencies.
§16A-5-8. Study of administrative costs.
The authority shall study costs and requirements incurred by health insurers, group purchasers, health care providers and, to the extent possible, individuals that are related to the collection and submission of information regarding health care to the state and federal government, insurers and other third parties. The authority shall implement by the first day of July,one thousand nine hundred ninety-four, any reforms that may reduce these costs without compromising the purposes for which the information is collected.
§16A-5-9. Health care medical records, confidentiality; criminal penalties.

(a) Any health care provider who has custody of medical records may reveal specific medical information contained in those records to the individual on whom the record is kept, to the individual's agent or representative, or as otherwise specifically authorized in this code.
(b) Any health care provider who has custody of health care records may not reveal specific health care information contained in those records to any person unless authorized by the individual on whom the record is kept.
(c) Subsection (b) of this section does not apply to a health care provider who has custody of medical records if the provider is:
(1) Performing health care services or allied support services for or on behalf of a patient;
(2) Providing information requested by or to further the purpose of a medical review committee, accreditation board or commission or in response to a court order;
(3) Providing information required to conduct the proper activities of the health care provider;
(4) Providing information to a governmental agency performing its lawful duties as authorized by state or federallaw;
(5) Providing information at the request of a researcher for medical and health care research under a protocol approved by an institutional review board or as requested by the authority;
(6) Revealing the contents of health care records under circumstances where the identity of the patient is not disclosed, either directly or indirectly, to the recipient of the records;
(7) Providing information to an insurance company or to a defendant or the defendant's legal counsel, in connection with a potential or actual malpractice claim against a health care provider;
(8) Providing information requested by another health care provider of medical care for the sole purpose of treating the individual on whom the record is kept;
(9) Providing information to a third party payor for billing purposes only;
(10) Providing information to a nonprofit health service plan or a blue cross or blue shield plan to coordinate benefit payments under more than one sickness and accident, dental, or hospital and medical insurance policy other than an individual policy; or
(11) Providing information to organ and tissue procurement personnel in accordance with any applicable laws or rules at the request of a physician for a patient whose organs and tissue may be donated for the purpose of evaluating the patient for possible organ and tissue donation.
(d) Knowing breach of the confidentiality of any health care records by a health care provider or anyone who obtains access to personally identifiable health care information shall be a misdemeanor, punishable by up to six months in the county jail or a fine of two thousand dollars or both.
ARTICLE 6. HEALTH CARE PROFESSIONS; LICENSING BOARDS; UTILIZATION REVIEW; QUALITY OF CARE; RURAL HEALTH LOAN PROGRAM AND RURAL HEALTH SCHOLARS PROGRAM.

§16A-6-1. Executive secretary for health care boards; task force on health care licensing boards.

(a) The executive secretary for health care boards provided in section fifteen, article one, chapter thirty of this code shall report to the authority, which shall fill such position not later than the first day of September, one thousand nine hundred ninety-three.
(b) The executive secretary shall be the chair of an ad hoc task force on health care licensing boards, which is hereby created. The task force shall be composed of representatives of health care providers, existing licensing boards and consumers. The task force shall make recommendations to the authority and the Legislature no later than the first day of December, one thousand nine hundred ninety-four. The task force shall prepare the following implementation strategies:
(1) Define and coordinate language, purpose and public service orientation of practice acts for the various state boards;
(2) Require consistent record keeping and reporting for practice boards;
(3) Subject to section seventeen, article one, chapter thirty of this code, require boards, providers, law enforcement agencies and courts to report actual and possible medically related violations to practice boards within specified time limits;
(4) Provide consumer access to specified information from practice boards;
(5) Provide boards with broader disciplinary responsibilities and options;
(6) Provide protection for board members, providers and consumers who provide information in good faith;
(7) Provide for funding of practice boards;
(8) Create a complaint and feed-back system which covers all practice boards;
(9) Evaluate classes of unlicensed providers for licensing and accreditation;
(10) Establish licensing for ambulatory care, urgent care, nursing care, and free-standing health care;
(11) Merge boards for similar health care providers;
(12) Require boards to develop and use assessment processes; and
(13) Require continuing education for relicensing.
(c) Not later than the first day of January, one thousand nine hundred ninety-four, the authority shall submit to thegovernor and the Legislature a plan for licensing providers of home health services.
§16A-6-2. Utilization review; practice guidelines.
(a) The authority shall develop a single utilization review program for all payors of health services within the state not later than the first day of July, one thousand nine hundred ninety-four. Such review shall be based on nationally recognized review criteria prior to the development of practice guidelines described below.
(b) The rules of the authority adopted to effect a single utilization review program shall consider the following:
(1) The need for health care data obtained from standardized utilization review to be analyzed by the community care networks.
(2) The need for the continuous quality improvement model to serve as the basis for utilization review within community care networks.
(3) The need for educational programs for health care professionals and the public on health care management, emphasizing effective interactions among the various interest groups.
(4) The framework and strategies necessary for an orderly transition into a statewide utilization review and quality assurance program.
(c) The authority shall review national standards and, working with representatives of appropriate health care professional societies and organizations, shall establishpractice guidelines. In requiring such, the Legislature recognizes that only health care professionals can develop practice guidelines but that the process of sanctioning such practice guidelines is a responsibility of state government. The authority shall establish the framework for guideline selection not later than the first day of January, one thousand nine hundred ninety-four.
(d) After the authority has established practice guidelines, such guidelines shall form the basis for development of uniform quality assurance and utilization review. Not later than the first day of September, one thousand nine hundred ninety-four, the authority shall set forth by rule the process for such development. The process for development shall include technical expertise from health care professionals and at least one demonstration project prior to implementation of uniform quality assurance and utilization review based on practice guidelines.
§16A-6-3. Excess liability fund.
(a) Not later than the first day of July, one thousand nine hundred ninety-four, the authority shall submit to the governor and the Legislature a plan to create an excess liability fund for health care provider malpractice.
(b) The authority shall consider the following in developing an excess liability fund plan:
(1) Whether economic and noneconomic losses recoverable from the fund should be limited;
(2) Who should bear the additional premium cost of the fund;
(3) Whether awards from the fund shall be in periodic installments or a lump sum;
(4) Whether participation in the fund shall be mandatory;
(5) What threshold of primary insurance coverage each participant in the fund shall have;
(6) Whether the threshold of primary insurance coverage shall be categorized by risk category or whether the premium paid for a uniform threshold shall be based upon the specialty risk category;
(7) Whether a participant provider shall have the option to self-insure for the threshold amount;
(8) Whether the premium paid for coverage by the fund shall be reduced if the provider has primary insurance coverage above the threshold amounts;
(9) Whether the fund shall operate on a claims-made or occurrence basis;
(10) Whether assets of the fund shall be protected from any other use;
(11) Whether lower premiums shall be used as incentives for providers to participate in community care networks for a practice in rural areas or in primary care;
(12) Who shall manage the fund; and
(13) Whether providers covered by state insurance policies shall be allowed to continue with the basic coverage provided by the state before the fund is activated on claims made against them.
(c) Prior to submission of such plan, the authority shall contract for and conduct an actuarial study to determine the financial feasibility and cost effectiveness of such fund, including the amount of premiums required. Such financial information shall be included in the plan submitted to the governor and the Legislature.
§16A-6-4. Task force on tort and liability system.
Not later than the first day of October, one thousand nine hundred ninety-three, the authority shall appoint an ad hoc task force to study and make recommendations on ways to improve the tort and liability system as it relates to health care providers' malpractice. Such task force shall consider mandatory scheduling conferences within time limits; reduction in the statute of limitations and other procedures; changes in prefiling discovery to include only those parties directly involved; alternate dispute resolution mechanisms for health care negligence suits; incentives for early resolution through creation of an accelerated compensation event system; the manner in which practice guidelines may be used as standards of care in malpractice cases; a sliding scale for attorney fees; revision of the collateral source rules in malpractice suits; and such other matters as the authority may request or the task force may deem appropriate. The authority shall report to the governor and the Legislature not later than the first day of December, one thousand nine hundred ninety-four, with an implementation plan for improving the tort and liability system. The authority mayconduct one or more demonstration projects in connection with such task force and plan.
§16A-6-5. Community and rural health advisory council; strategy for improving recruitment and retention of health care students and professionals.

(a) There is hereby created the West Virginia community and rural health advisory council. The council shall include consumers and providers of health care in rural areas, representatives of agencies serving rural areas, representatives of health professions training and education and persons involved in policy making affecting health care in rural areas. The majority of the council shall at all times be representatives of local community interests. The members of the community and rural health advisory council serving as an advisory group to the office of community and rural health services of the bureau of public health on the effective date of this chapter shall constitute the initial membership of the council: Provided, That the authority may with the advice of the commissioner of the bureau of public health and the vice chancellor of health sciences for the university of West Virginia system, appoint any additional members it deems necessary from time to time to fulfill the membership requirements prescribed by this section.
(b) The council shall advise the authority in the areas of program development, health care planning and legislation, shall coordinate and evaluate state health professions recruitment programs and shall advise the authority and the bureau of publichealth in the development and implementation of special projects as the authority or the bureau may from time to time request. In addition, the council shall advise the vice chancellor of health sciences for the university of West Virginia system in developing new recruitment programs and retention of health professionals; developing the rural health scholars program described below, including recommending awards to the university of West Virginia board of trustees through the vice chancellor of health sciences; and advising the vice chancellor and the bureau of public health in the development and operation of a rural health technical assistance center. While the council may from time to time make recommendations relating to health care applicable statewide, its focus shall be on health care delivery in rural and underserved areas.
(c) With the advice of the council, the authority shall develop and submit to the governor and the Legislature, not later than the first day of December, one thousand nine hundred ninety- three, a long-term strategy for improving the recruitment and retention of health care professionals.
§16A-6-6. Rural health loan program.
(a) There is hereby established in the state treasury a special revolving account under the university of West Virginia board of trustees, to be known as the rural health loan fund.
(b) The fund shall consist of:
(1) All funds on deposit in the medical student loan fund and the heath education student loan fund in the state treasuryon the thirtieth day of June, one thousand nine hundred ninety- four, or which are due or become due for deposit in either fund as obligations made under section one, article three, chapter eighteen-c of this code;
(2) Thirty-three percent of the annual collections from the medical education fee established by section four, article ten, chapter eighteen-b of this code, or such higher percentage as may be established by the board of trustees by legislative rule subject to approval of the Legislature pursuant to the provisions of article three-a, chapter twenty-nine-a of this code;
(3) Appropriations provided by the Legislature;
(4) Penalties assessed to individuals for failure to perform under the terms of a loan contract as set forth under this section or under section one, article three, chapter eighteen-c of this code, and repayment of any loans which may be made from funds in excess of those needed for loans under this section; and
(5) Other amounts which may be available from external sources.
Balances remaining in the fund at the end of the fiscal year shall not expire or revert. All costs associated with the administration of this section shall be paid from the fund.
(c)(1) An individual is eligible for a rural health loan if the individual:
(A) Is enrolled or accepted for enrollment at the university of West Virginia school of medicine, Marshall University school of medicine, West Virginia school of osteopathic medicine in aprogram leading to the degree of medical doctor or doctor of osteopathy or in any of the state's other health profession schools: Provided, That the individual has not yet received one of these degrees and is not in default of any previous student loan;
(B) Meets the established academic standards; and
(C) Signs a contract to practice his or her health profession in an underserved area of the state or in a health care specialty in which there is a shortage: Provided, however, That for every year than an individual practices in an underserved area or in a health care specialty in which there is a shortage, twenty thousand dollars of the loan granted to the individual will be forgiven. For purposes of this section, underserved areas of the state and health care specialties in which there are shortages shall be those designated by the authority with the advice of the council and the bureau of public health.
(2) Loans shall be awarded by the director of financial aid of the applicable school of medicine or other health profession school, with the approval of the senior administrator, on a priority basis from the pool of all applications, with the first priority being a commitment to serve in an underserved area of the state or in a health care specialty in which there is a shortage of practitioners in the state as determined by the authority, with the advice of the council and the bureau of public health. A loan from the fund shall be limited to the costof education as determined by the applicable health profession school or twenty thousand dollars, whichever is less.
(3) At the end of each fiscal year after completion of his or her education and during his or her period of service, any individual who has received a rural health loan shall submit to the board of trustees a notarized, sworn statement of service on a form provided for that purpose. Upon receipt of such statement in proper form and verification that the individual has complied with the terms under which the loan was granted, the board of trustees shall cancel up to twenty thousand dollars of the outstanding loan for every full twelve consecutive calendar months of such service.
(4) If an individual fails to submit the required statement of service, or submits a fraudulent statement, in addition to other penalties, the individual shall be in breach of contract and shall pay a penalty to the fund equal to three times the amount of the then outstanding balance of such individual's loan.
(5) A loan recipient who fails to meet the academic standards necessary for completion of the course of study under which the loan was granted or who fails to complete the course of study under which the original loan was granted shall be liable for repayment of the loan amount under the terms for the repayment of loans established by the board of trustees at the time the loan contract was executed.
(d) The fund established by this section shall be used for loans beginning in the academic year beginning one thousand ninehundred ninety-four. The student loan programs established under section one, article three, chapter eighteen-c of this code shall continue to operate through the end of the academic year beginning one thousand nine hundred ninety-three. Students receiving loans under such existing programs who qualify for rural health loans as prescribed by this section shall be given priority for loans from the rural health fund. If a student with a loan from an existing program applies for and receives a loan from the rural health fund, the loans shall be consolidated and the aggregate amount of the loan shall be subject to the repayment provisions, including the forgiveness and penalty provisions, set forth in this section.
(e) When a borrower under the rural health loan fund has completed his or her education and has served his or her commitment, such that no rural health loan is then outstanding, he or she may apply in each ensuing year to the rural health loan program for an additional loan of not to exceed twenty thousand dollars to repay any other outstanding educational loans.
(f) The secretary of the state department of education and the arts shall promulgate the procedural rules necessary for the operation of this section.
(g) Notwithstanding anything in this article to the contrary, the funds derived from medical student fees shall be used only for loans to qualified medical students at the school from which the fees come.
(h) The health sciences scholarship program shall beconsolidated with the rural health loan fund.
§16A-6-7. Rural health scholars program.
The rural health scholars program is hereby created under the vice chancellor of health affairs of the university of West Virginia system. The program shall recognize outstanding achievements by students interested in practicing in rural areas or primary care specialties, shall reimburse students for up to two thousand dollars per year for expenses incurred by the student in attending research conferences and seminars regarding rural health care and primary care, and shall support such other activities as the community and rural health advisory council created by section five of this article shall advise the authority, the commissioner of the state bureau of public health and the vice chancellor as necessary or appropriate to promote the recruitment and retention of students and health care providers in rural areas or primary care specialties.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.

ARTICLE 1. GENERAL PROVISIONS.

§30-1-15. Office of executive secretary of the health profession licensing boards; appointment of executive secretary; duties.

The office of the executive secretary of the health profession licensing boards created by chapter one hundred two, acts of the Legislature, regular session, one thousand nine hundred seventy-seven is hereby continued under the health care authority established by section one, article two, chaptersixteen-a of this code. The health profession licensing boards shall include those boards provided for in articles two-a four, five, six, seven, seven-a, eight, ten, fourteen, sixteen, seventeen, twenty, twenty-one, twenty-five and twenty-six of chapter thirty of this code. Notwithstanding any other provision of this code to the contrary, the office space, personnel, records and like business affairs of the health profession licensing boards shall be within the office of the executive secretary of the health profession licensing boards. The secretaries of each of the health profession licensing boards shall coordinate purchasing, record keeping, personnel, use of reporters and like matters under the executive secretary in order to achieve the most efficient and economical fulfillment of their functions. The executive secretary shall be appointed by the director of health care authority and shall report to the director of the authority. The executive secretary shall keep the fiscal records and accounts of each of the boards. The executive secretary shall keep the director informed as to the needs of each of the boards. The executive secretary shall coordinate the activities and efforts of the boards with the activities of the health resources advisory council plan policy, and programs of the health care authority and shall see that the needs for health manpower care professionals perceived by the boards are communicated to the health resources advisory council health care authority. The executive secretary shall keep any statistics and information on health professions, collected by orfor the boards and shall make such statistics and information available to the health resources advisory council health care authority to aid it in carrying out its responsibilities.
§30-1-17. Liability limitations of professionals reporting provider negligence, impairment or incompetence to peer review committees and professional standards review committees; reporting results of litigation to committees; procedure for imposing penalties.

(a) Any member of a professional group or organization covered by this chapter, including, but not limited to, doctors of medicine, doctors of chiropractic, doctors of veterinary medicine, osteopathic physicians and surgeons, doctors of dentistry, pharmacists, attorneys-at-law, real estate brokers, architects, professional engineers, certified public accountants, public accountants, registered nurses, or licensed practical nurses, who, pursuant to any rule promulgated by the applicable governing board for that profession, or pursuant to the rules, regulations or by-laws of any peer review organization, reports or otherwise provides evidence of the negligence, impairment or incompetence of another member of his or her profession to the governing board for such profession or to any peer review organization shall not be liable to any person for making such a report if such report is made without actual malice and in the reasonable belief that such report is warranted by the facts known to him or her at the time.
(b) In the event a claim or cause of action is assertedagainst a member of any profession included in this chapter, whether an individual or an entity, as a result of the filing of a report by such member pursuant to the provisions of this chapter, or the rules and regulations of the applicable governing board for that profession, or pursuant to rules, regulations or by-laws of any peer review organization, and such claim or cause of action is subsequently dismissed, settled or adjudicated in favor of the person or entity making the required report, the person or persons who initiated the claim or action shall be liable for all attorneys fees, costs and expenses incurred by the reporting professional.
(c) Within thirty days of the dismissal, settlement, adjudication or other termination of any claim or cause of action asserted against any professional reporting under the provisions of this chapter, the person or persons filing such claim or cause of action shall submit to the applicable governing board the following information:
(1) The names of the parties involved;
(2) The name of the court in which the action was filed, if applicable;
(3) The bases and nature of the claim or cause of action; and
(4) The results of such claim or cause of action, including dismissal, settlement, court or jury verdict, or other means of termination.
(d) The health care authority established by section one,article two, chapter sixteen-a of this code shall promulgate legislative rules pursuant to the provisions of chapter twenty- nine-a of this code, establishing procedures for imposing sanctions and penalties against any member of such profession who fails to submit to the board the information required by this section.
(e) The provisions of this section shall not preclude the application of any immunity protections which may be set forth under any article in this chapter.
§30-1-18. Provider self-referral.
(a) The Legislature hereby finds that the referral of a patient by a health care provider to a provider of health care services in which the referring health care provider has an investment interest represents a potential conflict of interest. The Legislature further finds that these referral practices may limit or eliminate competitive alternatives in the health care services market, may result in over-utilization of health care services, may increase costs to the health care system, and may adversely affect the quality of heath care. Notwithstanding the findings hereinabove set forth, the Legislature further finds that it may be appropriate for health care providers to own entities providing health care services, and to refer patients to such entities, as long as certain safeguards are present in the arrangement.
(b) Not later than the first day of September, one thousand nine hundred ninety-three, the health care authority establishedby section one, article two, chapter sixteen-a of this code, shall by rule establish directives for health care providers regarding prohibited patient referrals between health care providers and entities providing health care services to protect the citizens of West Virginia from unnecessary and costly health care expenditures: Provided, That such rules shall be no less restrictive than any applicable federal laws, rules or regulations.



NOTE: The purpose of the West Virginia Health Care Act of 1993 is to take the first steps toward a comprehensive reform of the health care system in West Virginia. The Act establishes the West Virginia Health Care Authority to carry out the Act; requires the Authority to identify by rule state agencies with policies, programs or responsibilities relating to health or health care and requires such agencies to submit budgets and plans to the Authority; empowers the Authority to transfer health care money among state agencies; requires an annual report and reform plan to be approved by the Governor and submitted to the Legislature; requires the Authority to update the state health plan, and designates the Authority as the single state agency. The Authority is responsible for the establishment of a community-based system of care and for certifying community care networks, and for issuing preliminary certificates of public advantage for cooperative agreements leading thereto. The Authority is to provide active supervision that, with specific findings in the Act and by the Authority are intended to constitute state action for purpose of federal antitrust laws.

The Act further requires the Authority to define a uniform health benefits package, to conduct state health care purchasing and payment functions, to undertake actuarial studies and analysis, to prepare for global budgeting, to limit aggregate annual capital expenditures, to set rates binding on both providers and payors, to establish a plan for prepaid, prospective rates and to make recommendations regarding insurance reform. The Act establishes an office of consumer advocacy within the Authority, and designates the Authority the single state agency for Medicaid.

The Act requires the Authority to develop an information system from which evaluations can be made and on which decisions can be based and provides for confidentiality of data. The Act sets forth standards for release of medical records.

The Act places the executive secretary of health care boards under the Authority. The Act requires development of uniform quality assurance and utilization review based on practice guidelines and submission of a plan to establish an excess liability fund; establishes a task force on the tort and liability system, a community and rural health advisory council, a rural health loan program and a rural health scholars program; provides limitations on liability for persons reporting provider negligence; and requires standards regarding provider self- referral.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

Section four-b, article two-d, chapter sixteen; chapter sixteen-a; and sections seventeen and eighteen, article one, chapter thirty are new; therefore, underscoring and strike- throughs have been omitted.