reglab/housing_qa huggingface dataset:
WV Code § 16-29E-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 29E. Legislative Oversight Commission on Health and Human Resources Accountability|§16-29E-4. Creation of a Legislative Oversight Commission on Health and Human Resources Accountability

(a) There is hereby created a joint commission of the Legislature known as the Legislative Oversight commission on health and human resources accountability. The commission shall be composed of six members of the Senate appointed by the President of the Senate and six members of the House of Delegates appointed by the Speaker of the House of Delegates. No more than five of the six members appointed by the President of the Senate and the Speaker of the House of Delegates, respectively, may be members of the same political party. In addition, the President of the Senate and Speaker of the House of Delegates shall be ex officio nonvoting members of the commission and shall designate the cochairpersons. At least one of the Senate appointees and one of the House of Delegates appointees shall be the chairperson of the committee on health and human resources of the Senate and House of Delegates, respectively, and at least one of the Senate appointees and at least one of the House of Delegates appointees shall be a member of the committee on finance of the Senate and House of Delegates, respectively. The members shall serve until their successors shall have been appointed as heretofore provided.(b) Members of the commission shall receive such compensation and expenses as provided in article two-a, chapter four of this code. Such expenses and all other expenses including those incurred in the employment of legal, technical, investigative, clerical, stenographic, advisory and other personnel shall be paid from an appropriation to be made expressly for the Legislative Oversight commission on health and human resources accountability: Provided, That if no such appropriation be made, such expenses shall be paid from the appropriation under "Fund No. 0175 for Joint Expenses" created pursuant to the provisions of said chapter: Provided, however, That no expense of any kind payable under the account for joint expenses shall be incurred unless first approved by the Joint Committee on Government and Finance.(c) The commission shall meet at any time both during sessions of the Legislature and in the interim or as often as may be necessary.
WV Code § 16-29E-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 29E. Legislative Oversight Commission on Health and Human Resources Accountability|§16-29E-5. Powers and Duties of Commission

(a) The powers, duties and responsibilities of the commission shall include the following:(1) Make a continuing investigation, study and review of the practices, policies and procedures of the health care and social services agencies in this state;(2) Make a continuing investigation, study and review of all matters related to health and social policy in the state;(3) Review program development by the various agencies of the Department of Health and Human Resources if those programs impact the physical, emotional or social well-being of the citizens of West Virginia;(4) Conduct studies on:(A) The amount of funds expended by hospitals and other health care providers of this state for services to persons who are unable to pay for those services and for which they receive no other form of reimbursement;(B) The extent to which persons in this state forego needed medical services because of insufficient income and assets to pay for those services;(C) The extent to which the state is maximizing available federal programs and moneys in providing health care services to the citizens of this state;(D) The operation of the programs and funds created by article twenty-nine-c of this chapter; and(E) The roles of the public, private and private nonprofit sectors in providing health care services to the citizens of this state;(5) Review and study the state Medicaid program in order to determine if the state Medicaid agency, as the payor of last resort, is expending maximum effort to identify alternate private insurance resources for Medicaid beneficiaries;(6) Review and study the feasibility and financial impact upon the state of assuring increased access to Medicaid beneficiaries to primary health care in the nonhospital setting by requiring enrollment in a primary care clinic program, if available;(7) Review and study the feasibility and financial impact upon the state of the establishment of different and lesser schedules of payment for primary health services delivered by a hospital emergency room as compared to the schedule of payments for emergency room services of a true medical emergency nature;(8) Conduct a study on the effects of rural health networks, including effects on the quality, cost and availability of care; and(9) Meet jointly with the advisory committee created in article thirty-five of this chapter to determine methods for coordinating the collection and analysis of health care information within the state, including the development of health information systems that will allow for the electronic transmittal of data and access by the various agencies of government.(b) The commission shall make annual reports to the Legislature regarding the results of all investigations, studies and reviews pursuant to the provisions of section seven of this article.
WV Code § 16-29E-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 29E. Legislative Oversight Commission on Health and Human Resources Accountability|§16-29E-6. Examination and Subpoena Powers; Contempt Proceedings

(a) For purposes of carrying out its duties, the commission is hereby empowered and authorized to examine witnesses and to subpoena such persons and books, records, documents, papers or any other tangible things as it believes should be examined to make a complete investigation.(b) All witnesses appearing before the commission under subpoena shall testify under oath or affirmation. Any member of the commission may administer oaths or affirmations to such witnesses.(c) To compel the attendance of witnesses at such hearings or the production of any books, records, documents, papers or any other tangible thing, the commission is hereby empowered and authorized to issue subpoenas, signed by one of the cochairpersons, in accordance with section five, article one, chapter four of this code. Such subpoenas shall be served by any person authorized by law to serve and execute legal process and service shall be made without charge. Witnesses subpoenaed to attend hearings shall be allowed the same mileage and per diem as is allowed witnesses before any petit jury in this state.(d) If any person subpoenaed to appear at any hearing shall refuse to appear or to answer inquiries there propounded, or shall fail or refuse to produce books, records, documents, papers or any other tangible thing within his control when the same are demanded, the commission shall report the facts to the circuit court of Kanawha County or any other court of competent jurisdiction and such court may compel obedience to the subpoena as though such subpoena had been issued by such court in the first instance.
WV Code § 16-29E-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 29E. Legislative Oversight Commission on Health and Human Resources Accountability|§16-29E-7. Legislative Reports

(a) The commission shall submit annual reports to the Legislature, as required by the provisions of section five of this article, which such reports shall describe and evaluate in a concise manner:(1) The major activities of the several health and human resources agencies for the fiscal year immediately past, including important policy decisions reached on initiatives undertaken during that year, especially as such activities, decisions and initiatives relate to:(A) The implementation of health care or social services programs;(B) Improving the accessibility of appropriate health care in all areas of this state;(C) Improving the health status of the citizens of this state; and(D) Coordinating social services programs to reflect a cohesive delivery of transitional services.(2) Other information considered by the commission to be important, including recommendations for statutory, fiscal or policy reforms and reasons for such recommendations.(b) The reports may specify in what manner any practice, policy or procedure may or should be modified to satisfy the goal of efficient and effective delivery of health and social services programs and to improve the quality of health and social services available in this state.
WV Code § 16-29G-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 29G. West Virginia Health Information Network|§16-29G-1. Purpose

(a) The purpose of this article is to create the West Virginia Health Information Network under the oversight of the Health Care Authority to promote the design, implementation, operation and maintenance of a fully interoperable statewide network to facilitate public and private use of health care information in the state.(b) It is intended that the network be a public-private partnership for the benefit of all of the citizens of this state.(c) The network is envisioned to support and facilitate the following types of electronic transactions or activities:(1) Automatic drug-drug interaction and allergy alerts;(2) Automatic preventive medicine alerts;(3) Electronic access to the results of laboratory, X ray, or other diagnostic examinations;(4) Disease management;(5) Disease surveillance and reporting;(6) Educational offerings for health care providers;(7) Health alert system and other applications related to homeland security;(8) Links to evidence-based medical practice;(9) Links to patient educational materials;(10) Medical record information transfer to other providers with the patient's consent;(11) Physician order entry;(12) Prescription drug tracking;(13) Registries for vital statistics, cancer, case management, immunizations and other public health registries;(14) Secured electronic consultations between providers and patients;(15) A single-source insurance credentialing system for health care providers;(16) Electronic health care claims submission and processing; and(17) Any other electronic transactions or activities as determined by legislative rules promulgated pursuant to this article.(d) The network shall ensure the privacy of patient health care information.
WV Code § 16-29G-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 29G. West Virginia Health Information Network|§16-29G-3. Powers and Duties

The network shall have the following duties:(1) To develop a community-based health information network to facilitate communication of patient clinical and financial information designed to:(A) Promote more efficient and effective communication among multiple health care providers, including, but not limited to, hospitals, physicians, payers, employers, pharmacies, laboratories and other health care entities;(B) Create efficiencies in health care costs by eliminating redundancy in data capture and storage and reducing administrative, billing and data collection costs;(C) Create the ability to monitor community health status; and(D) Provide reliable information to health care consumers and purchasers regarding the quality and cost-effectiveness of health care, health plans and health care providers;(2) To develop or design other initiatives in furtherance of the network's purpose;(3) To report and make recommendations to the Health Care Authority.The network is granted all other incidental powers, including, but not limited to, the following:(A) Make and enter into all contracts and agreements and execute all instruments necessary or incidental to the performance of its duties and the execution of its powers, subject to the availability of funds: Provided, That the provisions of article three, chapter five-a of this code do not apply to the agreements and contracts executed under the provisions of this article;(B) Acquire by gift or purchase, hold or dispose of real and personal property in the exercise of its powers and performance of its duties as set forth in this article;(C) Receive and dispense funds appropriated for its use by the Legislature or other funding sources or solicit, apply for and receive any funds, property or services from any person, governmental agency or organization to carry out its statutory duties;(D) Represent the state with respect to national health information network initiatives;(E) Perform any and all other activities in furtherance of its purpose or as directed by the Health Care Authority.
WV Code § 16-29G-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 29G. West Virginia Health Information Network|§16-29G-4. Creation of the West Virginia Health Information Network Account; Authorization of Health Care Authority to Expend Funds to Support the Network

(a) All moneys collected shall be deposited in a special revenue account in the state Treasury known as the West Virginia Health Information Network Account. Expenditures from the fund shall be for the purposes set forth in this article and are not authorized from collections but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon fulfillment of the provisions of article two, chapter eleven-b of this code: Provided, That for the fiscal year ending June 30, 2007, expenditures are authorized from collections rather than pursuant to appropriations by the Legislature.(b) Consistent with section eight, article twenty-nine-b of this chapter, the Health Care Authority’s provision of administrative, personnel, technical and other forms of support to the network is necessary to support the activities of the Health Care Authority board and constitutes a legitimate, lawful purpose of the Health Care Authority board. Therefore, the Health Care Authority is hereby authorized to expend funds from its Health Care Cost Review Fund, established under section eight, article twenty-nine-b of this chapter, to support the network’s administrative, personnel and technical needs and any other network activities the Health Care Authority deems necessary. (c) Notwithstanding section ten, article three, chapter twelve of this code, on the transfer date, the encumbered amounts on deposit in the West Virginia Health Information Network Account shall be paid over to the corporation, the account shall be closed and subsection (a) of this section shall be of no further effect.
WV Code § 16-29G-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 29G. West Virginia Health Information Network|§16-29G-5. Immunity From Suit; Limitation of Liability

The network is not a health care provider and is not subject to claims under article seven-b, chapter fifty-five of this code. No person who participates or subscribes to the services or information provided by the network is liable in any action for damages or costs of any nature, in law or equity, which result solely from that person's use or failure to use network information or data that was imputed or retrieved in accordance with the Health Insurance Portability and Accountability Act of 1996 and any amendments and regulations under the act, state confidentiality laws and the rules of the network as approved by the Health Care Authority. In addition, no person is subject to antitrust or unfair competition liability based on membership or participation in the network, which provides an essential governmental function for the public health and safety and enjoys state action immunity.
WV Code § 16-29G-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 29G. West Virginia Health Information Network|§16-29G-6. Property Rights

(a) All persons providing information and data to the network shall retain a property right in that information or data, but grant to the other participants or subscribers a nonexclusive license to retrieve and use that information or data in accordance with the Health Insurance Portability and Accountability Act of 1996 and any amendments and regulations under the act, state confidentiality laws and the rules proposed by the Health Care Authority.(b) All processes or software developed, designed or purchased by the network shall remain its property subject to use by participants or subscribers in accordance with the rules or regulations proposed by the Health Care Authority.
WV Code § 16-29G-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 29G. West Virginia Health Information Network|§16-29G-7. Legislative Rule-Making Authority; Resolution of Disputes

(a) The Health Care Authority is hereby authorized to propose rules under and pursuant to article twenty-nine-b of this chapter to carry out the objectives of this article.(b) To resolve disputes under this article or the rules proposed herein among participants, subscribers or the public, the Health Care Authority is hereby authorized to conduct hearings and render decisions under and pursuant to section twelve, article twenty-nine-b of this chapter.
WV Code § 16-29G-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 29G. West Virginia Health Information Network|§16-29G-8. Privacy; Protection of Information

(a) The Health Care Authority shall ensure that patient specific protected health information be disclosed only in accordance with the patient's authorization or best interest to those having a need to know, in compliance with state confidentiality laws and the Health Insurance Portability and Accountability Act of 1996 and any amendments and regulations under the act.(b) The health information, data and records of the network shall be exempt from disclosure under the provisions of chapter twenty-nine-b of this code.
WV Code § 16-30-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-1. Short Title

This article may be cited as the "West Virginia Health Care Decisions Act."
WV Code § 16-30-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-2. Legislative Findings and Purpose

(a) Purpose. -- The purpose of this article is to ensure that a patient's right to self-determination in health care decisions be communicated and protected; and to set forth a process for private health care decision making for incapacitated adults, including the use of advance directives, which reduces the need for judicial involvement and defines the circumstances under which immunity shall be available for health care providers and surrogate decision makers who make health care decisions.The intent of the Legislature is to establish an effective method for private health care decision making for incapacitated adults, and to provide that the courts should not be the usual venue for making decisions. It is not the intent of the Legislature to legalize, condone, authorize or approve mercy killing or assisted suicide.(b) Findings. -- The Legislature hereby finds that:(1) Common law tradition and the medical profession in general have traditionally recognized the right of a capable adult to accept or reject medical or surgical intervention affecting one's own medical condition;(2) The application of recent advances in medical science and technology increasingly involves patients who are unconscious or otherwise unable to accept or reject medical or surgical treatment affecting their medical conditions;(3) Such advances have also made it possible to prolong the dying process artificially through the use of intervening treatments or procedures which, in some cases, offer no hope of medical benefit;(4) Capable adults should be encouraged to issue advance directives designating their health care representatives so that in the event any such adult becomes unconscious or otherwise incapable of making health care decisions, decisions may be made by others who are aware of such person's own wishes and values; and(5) The right to make medical treatment decisions extends to a person who is incapacitated at the moment of decision. An incapacitated person who has not made his or her wishes known in advance through an applicable living will, medical power of attorney or through some other means has the right to have health care decisions made on his or her behalf by a person who will act in accordance with the incapacitated person's expressed values and wishes, or, if those values and wishes are unknown, in the incapacitated person's best interests.
WV Code § 16-30-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-5. Applicability and Resolving Actual Conflict Between Advance Directives

(a) The provisions of this article which directly conflict with the written directives contained in a living will or medical power of attorney executed prior to the effective date of this statute shall not apply. An expressed directive contained in a living will or medical power of attorney or by any other means the health care provider determines to be reliable shall be followed.(b) If there is a conflict between the person's expressed directives, the physician orders for scope of treatment form and the decisions of the medical power of attorney representative or surrogate, the person's expressed directives shall be followed.(c) In the event there is a conflict between two advance directives executed by the person, the one most recently completed takes precedence only to the extent needed to resolve the inconsistency.(d) If there is a conflict between the decisions of the medical power of attorney representative or surrogate and the person's best interests as determined by the attending physician when the person's wishes are unknown, the attending physician shall attempt to resolve the conflict by consultation with a qualified physician, an ethics committee or by some other means. If the attending physician cannot resolve the conflict with the medical power of attorney representative, the attending physician may transfer the care of the person pursuant to subsection (b), section twelve of this article.
WV Code § 16-30-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 30. West Virginia Health Care Decisions Act|§16-30-7. Determination of Incapacity

(a) For the purposes of this article, a person may not be presumed to be incapacitated merely by reason of advanced age or disability. With respect to a person who has a diagnosis of mental illness or intellectual disability, such a diagnosis is not a presumption that the person is incapacitated. A determination that a person is incapacitated shall be made by the attending physician, a physician, a qualified psychologist, a physicians assistant, or an advanced practice registered nurse who has personally examined the person.(b) The determination of incapacity shall be recorded contemporaneously in the persons medical record by the attending physician, a physician, a physicians assistant, an advanced practice registered nurse or a qualified psychologist. The recording shall state the basis for the determination of incapacity, including the cause, nature, and expected duration of the persons incapacity, if these are known.(c) If the person is conscious, the attending physician, psychologist, physicians assistant, or advanced practice registered nurse shall inform the person that he or she has been determined to be incapacitated and that a medical power of attorney representative or surrogate decision-maker may be making decisions regarding life-prolonging intervention or mental health treatment for the person.