H. B. 3188

(By Delegate Perdue (By Request))

[Introduced February 18, 2011; referred to the

Committee on Government Organization then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-29B-20a, relating to the confidentiality of the Rate Setting Model used by the Health Care Authority.

Be it enacted by the Legislature of West Virginia:

    That §16-29B-20a of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:

ARTICLE 29B. HEALTH CARE AUTHORITY.

§16-29B-20a. Confidentiality of the Rate Setting Model.

    (a) In its decision-making process on standard rate applications, the board uses a computer program known as the Rate Setting Model to generate options for the board. The board options are various calculated rates that the board may elect to award to a hospital. The Rate Setting Model is predecisional in nature and part of the deliberative process. It is exempt from public disclosure, under the provisions of article one, chapter twenty-nine-b and all other provisions of this code.

    NOTE: The purpose of this bill is to exempt the Health Care Authority’s software program, the Rate Setting Model, from public disclosure.

    This section is new; therefore, it has been completely underscored.