Senate Bill No. 199
(By Senator Manchin)
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[Introduced March 1, 1993; referred to the
Committee on Health and Human Resources; and then
to the Committee on the Judiciary.]
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A BILL to amend and reenact section three, article five, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
health care cost review authority to promulgate legislative
rules relating to the exemption for primary care hospitals.
Be it enacted by the Legislature of West Virginia:
That section three, article five, chapter sixty-four of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted, to read as follows:
ARTICLE 5. AUTHORIZATION FOR DEPARTMENT OF HEALTH AND HUMAN
RESOURCES TO PROMULGATE LEGISLATIVE RULES.
§64-5-3. Health care cost review authority.
(a) The legislative rules filed in the state register on the
twenty-first day of October, one thousand nine hundred eighty-
three, relating to the health care cost review authority
(limitation on hospital gross patient revenue), are authorized.
(b) The legislative rules filed in the state register on thenineteenth day of December, one thousand nine hundred eighty-
three, relating to the health care cost review authority (freeze
on hospital rates and granting temporary rate increases), are
authorized.
(c) The legislative rules filed in the state register on the
twenty-first day of December, one thousand nine hundred eighty-
four, relating to the health care cost review authority
(implementation of the utilization review and quality assurance
program), are authorized.
(d) The legislative rules filed in the state register on the
fifteenth day of August, one thousand nine hundred eighty-four,
relating to the health care cost review authority (hospital cost
containment methodology), are authorized.
(e) The legislative rules filed in the state register on the
twenty-fifth day of November, one thousand nine hundred eighty-
five, modified by the West Virginia health care cost review
authority to meet the objections of the legislative rule-making
review committee and refiled in the state register on the twenty-
eighth day of January, one thousand nine hundred eighty-six,
relating to the West Virginia health care cost review authority
(interim standards for lithotripsy services), are authorized.
(f) The legislative rules filed in the state register on the
third day of September, one thousand nine hundred eighty-seven,
modified by the West Virginia health care cost review authority
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-seventh
day of January, one thousand nine hundred eighty-eight, relatingto the West Virginia health care cost review authority
(exemptions from certificate of need review), are authorized.
(g) The legislative rules filed in the state register on the
nineteenth day of September, one thousand nine hundred eighty-
eight, modified by the health care cost review authority to meet
the objections of the legislative rule-making review committee
and refiled in the state register on the twenty-first day of
February, one thousand nine hundred eighty-nine, relating to the
health care cost review authority (financial disclosure), are
authorized.
(h) The legislative rules filed in the state register on the
fourteenth day of August, one thousand nine hundred eighty-nine,
modified by the West Virginia health care cost review authority
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the fifth day of
December, one thousand nine hundred eighty-nine, relating to the
West Virginia health care cost review authority (expedited review
for rate changes), are authorized with the amendments set forth
below:
On page 5, Section 4.1, after the words: "affected by the
increase." by inserting the following language: "The hospital
shall also reconcile any excesses in gross revenue, gross patient
revenue, gross inpatient revenue or charges per discharge.
Within fifteen days of submission the Authority shall inform the
hospital if it accepts the justification for excesses provided by
the hospital."
And,
On page 6, section 4.2, after the words "the excess in gross
outpatient revenue" by striking the period and inserting the
following:
"or if any excesses in the above categories (1 through 4)
have been sufficiently justified to the Authority as required in
Section 4.1 of this rule."
(i) The legislative rules filed in the state register on the
eleventh day of September, one thousand nine hundred eighty-nine,
modified by the West Virginia health care cost review authority
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the fifth day of
December, one thousand nine hundred eighty-nine, relating to the
West Virginia health care cost review authority (exemption for
conversion of acute care beds to skilled nursing care beds), are
authorized.
(j) The legislative rules filed in the state register on the
thirtieth day of July, one thousand nine hundred ninety, modified
by the health care cost review authority to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-fifth day of September, one
thousand nine hundred ninety, relating to the health care cost
review authority (exemption for shared services), are authorized.
(k) The legislative rules filed in the state register on the
thirty-first day of July, one thousand nine hundred ninety,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-fifth day ofSeptember, one thousand nine hundred ninety, relating to the
health care cost review authority (health services offered by
health professionals), are authorized.
(l) The legislative rules filed in the state register on the
eleventh day of September, one thousand nine hundred ninety,
modified by the West Virginia health care cost review authority
to meet the objections of the legislative rule-making review
committee and refiled in the state register on the twenty-fourth
day of January, one thousand nine hundred ninety-one, relating to
the West Virginia health care cost review authority (conversion
of acute care beds to one hundred skilled nursing care beds), are
authorized.
(m) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the eighth day of November, one
thousand nine hundred ninety-one, relating to the health care
cost review authority (health services offered by health
professionals), are authorized.
(n) The legislative rules filed in the state register on the
first day of May, one thousand nine hundred ninety-one, modified
by the health care cost review authority to meet the objections
of the legislative rule-making review committee and refiled in
the state register on the twenty-second day of July, one thousand
nine hundred ninety-one, relating to the health care cost review
authority (review for automatic rate changes), are authorized.
(o) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of October,
one thousand nine hundred ninety-one, relating to the health care
cost review authority (certificate of need), are authorized.
(p) The legislative rules filed in the state register on the
twelfth day of August, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the sixteenth day of October,
one thousand nine hundred ninety-one, relating to the health care
cost review authority (exemption for shared services), are
authorized with the amendments set forth below:
On page six, subsection 4.4, after the words "Charleston
newspapers", by striking out the word "and" and inserting in lieu
thereof a comma;
On page six, subsection 4.4, after the words "State
Register" by adding the words "and a newspaper of general
circulation within the area of the facility.";
On page seven, subsection 4.5, after the words "notice in
the Saturday Charleston newspapers", by striking out the word
"and" and inserting in lieu thereof a comma;
On page seven, subsection 4,5, before the words "the state
agency shall within ten", by striking out the comma and inserting
the words "and a newspaper of general circulation within the areaof the facility";
And,
On page seven, subsection 4.5, after the words "decision in
the Saturday Charleston newspapers", by striking out the
remainder of the sentence and inserting in lieu thereof the
following: ", the state register and a newspaper of general
circulation within the area of the facility.".
(q) The legislative rules filed in the state register on the
twenty-seventh day of June, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of
September, one thousand nine hundred ninety-one, relating to the
health care cost review authority (development of life care
retirement centers), are authorized.
(r) The legislative rules filed in the state register on the
twenty-seventh day of June, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-third day of
September, one thousand nine hundred ninety-one, relating to the
health care cost review authority (conversion of acute care beds
to skilled nursing care beds), are authorized.
(s) The legislative rules filed in the state register on the
ninth day of August, one thousand nine hundred ninety-one,
modified by the health care cost review authority to meet the
objections of the legislative rule-making review committee andrefiled in the state register on the tenth day of January, one
thousand nine hundred ninety-two, relating to the health care
cost review authority (financial disclosure), are authorized with
the amendment set forth below:
On page eighteen, after subsection 5.3, by adding thereto a
new subsection, designated subsection 5.4, to read as follows:
"5.4 A covered facility which is a nonprofit, community-
based primary care center providing primary care services without
regard to ability to pay which provides the board with a year-end
audited financial statement prepared in accordance with generally
accepted auditing standards and with governmental auditing
standards issued by the comptroller general of the United States
shall be considered to have complied with the disclosure
requirements of sections 3 and 4 of this rule."
(t) The legislative rules filed in the state register on the
eighteenth day of September, one thousand nine hundred
ninety-two, modified by the health care cost review authority to
meet the objections of the legislative rule-making review
committee and refiled in the state register on the twentieth day
of November, one thousand nine hundred ninety-two, relating to
the health care cost review authority (exemption for primary care
hospitals), are authorized.
NOTE: The purpose of this bill is to authorize the Health
Care Cost Review Authority to promulgate legislative rules
relating to the exemption for primary care hospitals.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.