H. B. 2938
(By Delegates Staton, Browning,
Williams, Campbell,
Kuhn and Faircloth)
[Introduced March 21, 2001; referred to the
Committee on Government Organization.]
A BILL to amend article five-b, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, by
adding thereto a new section, designated section fourteen,
relating to prohibiting certain contract provisions in
agreements between health maintenance organizations and
hospitals.
Be it enacted by the Legislature of West Virginia:
That article five-b, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
fourteen, to read as follows:
ARTICLE 5B. HOSPITALS AND SIMILAR INSTITUTIONS.
§16-5B-14. Contract prohibitions.
In a contract or in contract negotiations with a health
maintenance organization, a hospital or similar institution may not require, directly or indirectly, that a health maintenance
organization exclusively contract with it. A hospital or similar
institution may not withhold or threaten to withhold its
participation in a health maintenance organization contract for the
purpose of persuading or coercing a health maintenance organization
not to contract with another hospital or similar institution.
NOTE: The purpose of this bill is to ensure fair competition
between hospitals and provide for patient choice.
This section is new; therefore, strike-throughs and
underscoring have been omitted.