Senate Bill No. 573
(By Senators Bowman and Snyder)
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[Introduced March 12, 2009; referred to the Committee on
Government Organization.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §5A-3C-8a; and to
amend and reenact §16-29B-8 of said code, all relating to
terminating the West Virginia Pharmaceutical Cost Management
Council on July 1, 2009; and transferring oversight of the
prescription drug advertising expense reporting rule to the
Health Care Authority.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §5A-3C-8a; and that
§16-29B-8 of said code be amended and reenacted, all to read as
follows:
ARTICLE 3C. PHARMACEUTICAL AVAILABILITY AND AFFORDABILITY ACT OF
2004.
§5A-3C-8a. Termination of the West Virginia pharmaceutical cost management council.
The West Virginia pharmaceutical cost council, created in
section eight of this article, is hereby terminated on July 1,
2009, subject to the provisions of section twelve, article ten,
chapter four of this code, providing a wind-up year.
The oversight of the prescription drug advertising expense
reporting rule (206 CSR 1), provided in section twelve, article
nine, chapter sixty-four of this code, shall be transferred to the
Health Care Authority.
ARTICLE 29B. HEALTH CARE AUTHORITY.
§16-29B-8. Powers generally; budget expenses of the board.
(a) In addition to the powers granted to the board elsewhere
in this article, the board may:
(1) Adopt, amend and repeal necessary, appropriate and lawful
policy guidelines and rules in accordance with article three,
chapter twenty-nine-a of this code:
Provided, That subsequent
amendments and modifications to any rule promulgated pursuant to
this article and not exempt from the provisions of article three,
chapter twenty-nine-a of this code may be implemented by emergency
rule;
(2) Hold public hearings, conduct investigations and require
the filing of information relating to matters affecting the costs
of health care services subject to the provisions of this article
and may subpoena witnesses, papers, records, documents and all other data in connection therewith. The board may administer oaths
or affirmations in any hearing or investigation;
(3) Apply for, receive and accept gifts, payments and other
funds and advances from the United States, the state or any other
governmental body, agency or agencies or from any other private or
public corporation or person (with the exception of hospitals
subject to the provisions of this article, or associations
representing them, doing business in the State of West Virginia,
except in accordance with subsection (c) of this section), and
enter into agreements with respect thereto, including the
undertaking of studies, plans, demonstrations or projects. Any
such gifts or payments that may be received or any such agreements
that may be entered into shall be used or formulated only so as to
pursue legitimate, lawful purposes of the board, and shall in no
respect inure to the private benefit of a board member, staff
member, donor or contracting party;
(4) Lease, rent, acquire, purchase, own, hold, construct,
equip, maintain, operate, sell, encumber and assign rights or
dispose of any property, real or personal, consistent with the
objectives of the board as set forth in this article:
Provided,
That such acquisition or purchase of real property or construction
of facilities shall be consistent with planning by the state
building commissioner and subject to the approval of the
Legislature;
(5) Contract and be contracted with and execute all
instruments necessary or convenient in carrying out the board's
functions and duties;
and
(6) Exercise, subject to limitations or restrictions herein
imposed, all other powers which are reasonably necessary or
essential to effect the express objectives and purposes of this
article;
and
(7) Oversee the prescription drug advertising expense
reporting rule (206 CSR 1), provided in section twelve, article
nine, chapter sixty-four of this code, and the rule-making
authority to promulgate any rules that were formerly adopted by the
West Virginia pharmaceutical cost council.
(b) The board shall annually prepare a budget for the next
fiscal year for submission to the Governor and the Legislature
which shall include all sums necessary to support the activities of
the board and its staff.
(c) Each hospital subject to the provisions of this article
shall be assessed by the board on a pro rata basis using the gross
revenues of each hospital as reported under the authority of
section eighteen of this article as the measure of the hospital's
obligation. The amount of such fee shall be determined by the
board except that in no case shall the hospital's obligation exceed
one tenth of one percent of its gross revenue. Such fees shall be
paid on or before July 1 in each year and shall be paid into the State Treasury and kept as a special revolving fund designated
"Health Care Cost Review Fund", with the moneys in such fund being
expendable after appropriation by the Legislature for purposes
consistent with this article. Any balance remaining in said fund
at the end of any fiscal year shall not revert to the Treasury, but
shall remain in said fund and such moneys shall be expendable after
appropriation by the Legislature in ensuing fiscal years.
(d) Each hospital's assessment shall be treated as an
allowable expense by the board.
(e) The board is empowered to withhold rate approvals,
certificates of need and rural health system loans and grants if
any such fees remain unpaid, unless exempted under subsection (g),
section four, article two-d of this chapter.
NOTE: The purpose of this bill is to terminate the
West
Virginia pharmaceutical cost management council on July 1, 2009,
subject to the wind-up provisions for agencies or regulatory
boards; and transferring oversight of the prescription drug
advertising expense reporting rule to the Health Care Authority
§5A-3C-8a is new; therefore, strike-throughs and underscoring
have been omitted.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.