SB68 H H&HR AM #1
Roskovensky 3338
The Committee on Health and Human Resources moved to amend the bill on page 1, by striking everything after the enacting clause and inserting the following:
“That §16-29B-19, §16-29B-19a, §16-29B-20, §16-29B-20a, §16-29B-21 and §16-29B-21a of the Code of West Virginia, 1931, as amended, be repealed; and that §16-29B-1, §16-29B-10 and §16-29B-27 of said code be amended and reenacted to read as follows:
ARTICLE 29B. HEALTH CARE AUTHORITY.
'16-29B-1. Legislative findings; purpose.
The Legislature hereby finds and declares that the
health and welfare of the citizens of this state is being threatened by
unreasonable increases in the cost of health care services, a fragmented system
of health care, lack of integration and coordination of health care services,
unequal access to primary and preventative care, lack of a comprehensive and
coordinated health information system to gather and disseminate data to promote
the availability of cost-effective, high-quality services and to permit
effective health planning and analysis of utilization, clinical outcomes and
cost and risk factors. In order to alleviate these threats: (1) Information on
health care costs must be gathered; and (2) a system of cost control
must be developed; and (3) an entity of state government must be
given authority to ensure the containment of health care costs, to gather and
disseminate health care information; to analyze and report on changes in the
health care delivery system as a result of evolving market forces, including
the implementation of managed care; and to assure that the state health
plan, certificate of need program, rate regulation program and
information systems serve to promote cost containment, access to care, quality
of services and prevention. Therefore, the purpose of this article is to protect
the health and well-being of the citizens of this state by guarding against
unreasonable loss of economic resources as well as to ensure the continuation
of appropriate access to cost-effective, high-quality health care services.
§16-29B-10. Jurisdiction of the board.
Notwithstanding any
other provision of this code or state law, after July 1, 1984 2016,
the jurisdiction of the board or authority as to rates for health
services care shall extend to all hospitals as defined herein doing business
in the State of West Virginia (with the exception of hospitals owned and
operated by the federal government) ceases to exist.
(b) Those costs or charges associated with
individual health care providers or health care provider groups providing
inpatient or outpatient services under a contractual agreement with hospitals
(excluding simple admitting privileges) shall be under the jurisdiction of the
board. The jurisdiction of the board shall not extend to the regulation of
rates of private health care providers or health care groups providing
inpatient or outpatient services under a contractual agreement with hospitals
when the provision of such service is outside the hospital setting, and shall
not extend to the regulation of rates of all other private health care
providers practicing outside the hospital setting: Provided, That such practice
outside of the hospital setting is not found to be an evasion of the purposes
of this article.
'16-29B-27. Penalties for violations.
In addition to civil remedies set forth, any person or
health care provider violating any provision of this article or any valid order
or rule lawfully established hereunder shall be guilty of a misdemeanor and,
upon conviction thereof, shall be punished by a fine of not more than $1,000.
Each day of a continuing violation after conviction shall be considered a
separate offense. No fines assessed may be considered part of the hospital's
costs in the regulation of its rates.