reglab/statecodes huggingface dataset:
2023 West Virginia Code › Chapter 16. Public Health › Article 29B. Health Care Authority › §16-29B-1. Legislative Findings; Purpose

The Legislature hereby finds 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) 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, and to assure that the state health plan, certificate of need 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.
2023 West Virginia Code › Chapter 16. Public Health › Article 29B. Health Care Authority › §16-29B-5a. Executive Director of the Authority; Powers and Duties

(a) The Secretary shall appoint an executive director of the authority to supervise and direct the fiscal and administrative matters of the authority. This person shall be qualified by training and experience to direct the operations of the authority. The executive director is ineligible for civil service coverage as provided in section four, article six, chapter twenty-nine of this code and serves at the will and pleasure of the Secretary.
(b) The executive director shall:
(1) Serve on a full-time basis and may not be engaged in any other profession or occupation;
(2) Not hold political office in the government of the state either by election or appointment while serving as executive director;
(3) Shall be a citizen of the United States and shall become a citizen of the state within ninety days of appointment; and
(4) Report to the Secretary.
(c) The executive director has other powers and duties as set forth in this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 29B. Health Care Authority › §16-29B-8. Powers Generally; Budget Expenses of the Authority

The authority may:
(1) In cooperation with the secretary, propose legislative rules in accordance with 29A-3-1
et seq
. of this code;
(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; and
(3) Exercise, subject to limitations or restrictions herein imposed, all other powers which are reasonably necessary or essential to affect the express objectives and purposes of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 29B. Health Care Authority › §16-29B-12. Certificate of Need Hearings; Administrative Procedures Act Applicable; Hearings Examiner; Subpoenas

(a) The board shall conduct such hearings as it deems necessary for the performance of its functions and shall hold hearings when required by the provisions of this chapter or upon a written demand by a person aggrieved by any act or failure to act by the board regulation or order of the board. All hearings of the board pursuant to this section shall be announced in a timely manner and shall be open to the public. In making decisions in the certificate of need process, the board shall be guided by the state health plan approved by the Governor.
(b) All pertinent provisions of article five, chapter twenty-nine-a of this code shall apply to and govern the hearing and administrative procedures in connection with and following the hearing except as specifically stated to the contrary in this article. General counsel for Department of Health and Human Resources or general counsel for the authority shall represent the interest of the authority at all hearings.
(c) Any hearing may be conducted by members of the board or by a hearing examiner appointed by the board for such purpose. The chairperson of the board may issue subpoenas and subpoenas duces tecum which shall be issued and served pursuant to the time, fee and enforcement specifications in section one, article five, chapter twenty-nine-a of this code.
(d) Notwithstanding any other provision of state law, when a hospital alleges that a factual determination made by the board is incorrect, the burden of proof shall be on the hospital to demonstrate that such determination is, in light of the total record, not supported by substantial evidence. The burden of proof remains with the hospital in all cases.
(e) After any hearing, after due deliberation, and in consideration of all the testimony, the evidence and the total record made, the board shall render a decision in writing. The written decision shall be accompanied by findings of fact and conclusions of law as specified in section three, article five, chapter twenty-nine-a of this code, and the copy of the decision and accompanying findings and conclusions shall be served by certified mail, return receipt requested, upon the party demanding the hearing, and upon its attorney of record, if any.
(f) Any interested individual, group or organization shall be recognized as affected parties upon written request from the individual, group or organization. Affected parties shall have the right to bring relevant evidence before the board and testify thereon. Affected parties shall have equal access to records, testimony and evidence before the board and shall have equal access to the expertise of the authority’s staff. The authority, with the approval of the secretary, shall have authority to propose rules to administer provisions of this section.
(g) A decision of the board is final unless reversed, vacated or modified upon judicial review thereof, in accordance with the provisions of section thirteen of this article.
2023 West Virginia Code › Chapter 16. Public Health › Article 29B. Health Care Authority › §16-29B-13. Review of Final Orders of Board

(a) A final decision of the board and the record upon which it was made shall, upon request of any affected party, be reviewed by the agency of the state designated by the Governor to hear appeals under the provisions of article two-d of this chapter. To be effective, such request must be received within thirty days after the date upon which all parties received notice of the board decision, and the hearing shall commence within thirty days of receipt of the request.
(b) For the purpose of administrative review of board decisions, the review agency shall conduct its proceedings in conformance with the West Virginia rules of civil procedure for trial courts of record and the local rules for use in the civil courts of Kanawha County and shall review appeals in accordance with the provisions governing the judicial review of contested administrative cases in section four, article five, chapter twenty-nine-a of this code, notwithstanding the exceptions of section five, article five, chapter twenty-nine-a of this code.
(c) The decision of the review agency shall be made in writing within forty-five days after the conclusion of such hearing.
(d) The written findings of the review agency shall be sent to all affected parties, and shall be made available by the commission to others upon request.
(e) The decision of the review agency shall be considered the final decision of the board; however, the review agency may remand the matter to the board for further action or consideration.
(f) Upon the entry of a final decision by the review agency, any affected party may within thirty days after the date upon which all affected parties receive notice of the decision of the review agency, appeal said decision in the circuit court of Kanawha County. The decision of the review agency shall be reviewed by that circuit court in accordance with the provisions for the judicial review of administrative decisions contained in section four, article five, chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 29B. Health Care Authority › §16-29B-14. Injunction; Mandamus

The board may compel obedience to its lawful orders by injunction or mandamus or other proper proceedings in the name of the state in any circuit court having jurisdiction of the parties or of the subject matter, or the Supreme Court of Appeals direct, and such proceeding shall be determined in an expeditious manner.
2023 West Virginia Code › Chapter 16. Public Health › Article 29B. Health Care Authority › §16-29B-15. Refusal to Comply

(a) Whenever a hospital fails or refuses to furnish to the board any records or information requested under the provisions of this article or otherwise fails or refuses to comply with the requirements of this article or any reasonable rule and regulation promulgated by the board under the provisions of this article, the board may make and enter an order of enforcement and serve a copy thereof on the hospital in question by certified mail, return receipt requested.
(b) The hospital shall be granted a hearing on the order of enforcement if, within twenty days after receipt of a copy thereof, it files with the board a written demand for hearing. A demand for hearing shall operate automatically to stay or suspend the execution of the order of enforcement, with the exception of orders relating to rate increases.
(c) Upon receipt of a written demand for a hearing, the board shall set a time and place therefor, not less than ten and no more than thirty days thereafter. Any scheduled hearing may be continued by the board upon motion for good cause shown by the hospital demanding the hearing.
2023 West Virginia Code › Chapter 16. Public Health › Article 29B. Health Care Authority › §16-29B-24. Reports Required to Be Filed; and Legislative Rulemaking Regarding Uniform Bill Database

(a) A covered facility, within 120 days after the end of its fiscal year, unless granted an extension by the authority, shall file with the authority its annual financial report prepared by an accountant or auditor.
(b) A covered facility, if applicable by legislative rule, shall submit, upon request of the authority, but at least annually:
(1) A statement of charges for all services rendered, except a behavioral health facility shall submit its gross rates for its top 30 services by utilization;
(2) The Health Care Authority financial report, through the uniform reporting system;
(3) The current Uniform Bill form in effect for inpatients. This data is not subject to the provisions of 16-29B-25(f) of this code:
Provided
, That the authority, in cooperation with the secretary, shall propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code within the applicable time limit to be considered by the Legislature during the regular session of the Legislature, 2023. The legislative rule shall include the following:
(A) Procedures for the collection, retention, use, and disclosure of data from the uniform bill database, including provisions and safeguards to protect the privacy, integrity, confidentiality, and availability of any data;
(B) Procedures for the collection of required data elements, required data format, code tables, edit specifications, thresholds required for a submission to be deemed complete, methods for submitting data, and submission schedules;
(C) Fees not to exceed $50 per custom data request payable by users of the data, if any; and
(D) Repeal of all other existing policies, manuals, and guidelines regarding the submission of uniform bill data promulgated by the authority, as of the effective date of the legislative rule or July 1, 2024, whichever comes first.
(c) The authority may request from a covered facility, except hospitals, the information from 16-29B-24(a) and 16-29B-24(b) of this code from its related organization.
(d) A home health agency shall annually submit a utilization survey.
(e) A covered facility failing to submit a report to the authority shall be notified by the authority and, if the failure continues for 10 days after receipt of the notice, the delinquent facility or organization is subject to a penalty of $1,000 for each day thereafter the failure continues.
2023 West Virginia Code › Chapter 16. Public Health › Article 29B. Health Care Authority › §16-29B-26. Exemptions From State Antitrust Laws

(a) Actions of the authority shall be exempt from antitrust action under state and federal antitrust laws. Any actions of hospitals and health care providers under the authority’s jurisdiction, when made in compliance with orders, directives, rules, approvals or regulations issued or promulgated by the authority, shall likewise be exempt.
(b) It is the intention of the Legislature that this chapter shall also immunize cooperative agreements approved and subject to supervision by the authority and activities conducted pursuant thereto from challenge or scrutiny under both state and federal antitrust law: Provided, That a cooperative agreement that is not approved and subject to supervision by the authority shall not have such immunity.
2023 West Virginia Code › Chapter 16. Public Health › Article 29B. Health Care Authority › §16-29B-30. Applicability; Transition Plan

(a) Notwithstanding any provision of this code to the contrary, effective July 1, 2017, the Health Care Authority shall transfer to the Department of Health and Human and Resources. Any and all remaining functions of the Health Care Authority shall transfer at that time to the Department of Health and Human Resources.
(b) The Health Care Authority shall develop and implement a transition plan to transfer all their remaining functions to the Department of Health and Human Resources. The plan shall be submitted in writing to the Joint Committee on Government and Finance, the Governor and the Secretary of the Department of Health and Human Resources, the Secretary of the Department of Administration and the Division of Personnel. This plan shall be submitted no later than June 1, 2017. The plan shall include proposals for the following:
(1) Transition to appropriate entities or destruction of hard and electronic copies of files;
(2) Transfer of all certificate of need matters pending as of July 1, 2017, to the Department of Health and Human Resources.
(3) In consultation with the Department of Administration, discontinuation of use of the current building including termination of any lease or rental agreements, if necessary;
(4) In consultation with the Department of Administration, disposition of all state owned or leased office furniture and equipment, including any state owned vehicles, if necessary;
(5) Closing out and transferring existing budget allocations;
(6) A transition plan developed in conjunction with the Division of Personnel for remaining employees not transferred to other offices within state government;
(7) A plan to repeal all existing legislative rules made unnecessary by the transfer of the Health Care Authority; and
(8) Any other matters which would effectively terminate all functions not transferred to the Department of Health and Human Resources.
(9) Upon the effective date of the changes to this article made during the course of the 2017 Regular Session of the Legislature, any function of the Health Care Authority not otherwise eliminated or transferred shall become a function of the Department of Health and Human Resources.
2023 West Virginia Code › Chapter 16. Public Health › Article 29D. State Health Care › §16-29D-1. Legislative Findings; Legislative Purpose

(a) The Legislature hereby finds as follows:
(1) That a significant and ever-increasing amount of the state's financial resources are required to assure that the citizens of the state who are reliant on the state for the provision of health care services and payment thereof receive such, whether through the Public Employees Insurance Agency, the state Medicaid program, the workers' compensation fund, the Division of Rehabilitation Services or otherwise;
(2) That the state has been unable to timely pay for such health care services;
(3) That the Public Employees Insurance Agency and the state Medicaid program face serious financial difficulties in terms of decreasing amounts of available federal or state dollars by which to fund their respective programs and in paying debts presently owed;
(4) That, in order to alleviate such situation and to assure such health care services, in addition to adequate funding of such programs, the state must effect cost savings in the provision of such health care;
(5) That it is in the best interest of the state and the citizens thereof that the various state departments and divisions involved in such provision of health care and the payment thereof cooperate in the effecting of cost savings; and
(6) That the health and well-being of all state citizens, and particularly those whose health care is provided or paid for by the Public Employees Insurance Agency, the state Medicaid program, the workers' compensation fund and the Division of Rehabilitation Services, are of primary concern to the state.
(b) This article is enacted to provide a framework within which the departments and divisions of state government can cooperate to effect cost savings for the provision of health care services and the payment thereof. It is the purpose of the Legislature to encourage the long-term, well-planned development of fair, equitable and cost-effective systems for all health care providers paid or reimbursed by the Public Employees Insurance Agency, the state Medicaid program, the workers' compensation fund or the Division of Rehabilitation Services.
2023 West Virginia Code › Chapter 16. Public Health › Article 29D. State Health Care › §16-29D-2. Definitions

(a) "Coordination of benefits" means a provision establishing an order in which two or more insurance contracts, plans or programs covering the same beneficiary pay their claims, with the effect that there is no duplication of benefits.
(b) The term "health care" or "health care services" means clinically related preventive, diagnostic, treatment, or rehabilitative services whether provided in the home, office, hospital, clinic or any other suitable place either inside or outside the State of West Virginia provided or prescribed by any health care provider or providers. Such services include, among others, medical supplies, appliances, laboratory, preventive, diagnostic, therapeutic and rehabilitative services, hospital care, nursing home and convalescent care, medical physicians, osteopathic physicians, chiropractic physicians, and such other surgical including inpatient oral surgery, nursing, and podiatric services and supplies as may be prescribed by such health care providers but not other dental services.
(c) "Health care provider" means a person, partnership, corporation, facility or institution licensed, certified or authorized by law to provide professional health care services in or outside this state to an individual during this individual's medical care, treatment or confinement. For the sole purpose of this article, pharmacists and pharmacies shall not be considered health care providers.
2023 West Virginia Code › Chapter 16. Public Health › Article 29D. State Health Care › §16-29D-4. Prohibition on Balance Billing; Exceptions

(a) Except in instances involving the delivery of health care services immediately needed to resolve an imminent life-threatening medical or surgical emergency, the agreement by a health care provider to deliver services to a beneficiary of any department or division of the state which participates in a plan or plans developed under section three of this article shall be considered to also include an agreement by that health care provider:
(1) To accept the assignment by the beneficiary of any rights the beneficiary may have to bill such division or department for, and to receive payment under such plan or plans on account of, such services; and
(2) To accept as payment in full for the delivery of such services the amount specified in plan or plans or as determined by the plan or plans. In such instances, the health care provider shall bill the division or department, or such other person specified in the plan or plans, directly for the services. The health care provider shall not bill the beneficiary or any other person on behalf of the beneficiary and, except for deductibles or other payments specified in the applicable plan or plans, the beneficiary shall not be personally liable for any of the charges, including any balance claimed by the provider to be owed as being the difference between that provider's charge or charges and the amount payable by the applicable department or divisions. The plan or plans may specify what sums are deductibles, copayments or are otherwise payable by the beneficiary and the sums for which the health care provider may bill the beneficiary: In addition, any health care service which is not subject to payment by the plan or plans shall be the responsibility of the beneficiary and for those health care services which are not covered by the plans, there shall be no prohibition against billing the beneficiary directly.
(b) The prohibitions and limitations stated in subsection (a) of this section do not apply to the delivery of health care services immediately needed to resolve an imminent life-threatening medical or surgical emergency. However, once the patient is stabilized, then the delivery of any further health care services shall be subject to subsection (a) of this section for those latter services only.
(c) The exceptions provided in this section for the delivery of health care services immediately needed to resolve an imminent life-threatening medical or surgical emergency shall not apply to health care providers under contract with a department or division plan or plans.
2023 West Virginia Code › Chapter 16. Public Health › Article 29D. State Health Care › §16-29D-5. Coordination of Benefits

Coordination of benefits is permitted between two or more insurance contracts or employee benefit plans and shall be included for benefits from the Public Employees Insurance Agency and, as appropriate, from the state Medicaid program, the workers' compensation fund and the Division of Rehabilitation Services. Notwithstanding the foregoing, the workers' compensation fund shall be considered the primary payor for health care services related to work-related injuries and diseases ruled compensable as provided in article four, chapter twenty-three of this code. In no event shall the state Medicaid program be considered a primary insurance contract.
2023 West Virginia Code › Chapter 16. Public Health › Article 29D. State Health Care › §16-29D-6. Exemption From and Application of Antitrust Laws

(a) Actions of the departments and divisions of the state, or by officers, administrators, employees, or other agents thereof, shall be exempt from antitrust action as provided in section five, article eighteen, chapter forty-seven of this code. Any actions of health care providers when made in compliance with orders, directives, rules, or regulations issued or promulgated by a department or division which participates in a plan or plans developed under section three of this article shall likewise be exempt.
(b) It is the express intention of the Legislature that the actions specified in subsection (a) of this section by either state-related persons or entities or by health care providers should also be deemed to be state actions for purposes of obtaining exemptions from federal antitrust laws.
(c) Notwithstanding subsections (a) and (b) of this section, any agreement by two or more persons, partnerships, corporations, facilities or institutions licensed, certified or authorized by law to provide professional health care services in this state to an individual during this individual's medical care, treatment or confinement, unless any of the foregoing are practicing as a partnership or are otherwise associated as a joint venture, to refrain from delivering health care services to any person or persons, which delivery would be subject to the provisions of this article, for the purpose or with the effect of fixing, controlling, or maintaining their charges for the delivery of health care services or for the purpose or with the effect of defeating the purposes of this article shall be deemed to be unlawful under the provision of subsection (a), section three, article eighteen, chapter forty-seven of this code and shall be subject to the remedies and relief provided for in that article and chapter: Provided, That nothing contained in this subsection may prevent any physician on staff of any hospital or other health care institution from discussing with such hospital or health care institution the fact that such physician only consents to see the patient in connection with his or her duties as a staff on-call physician.
2023 West Virginia Code › Chapter 16. Public Health › Article 29D. State Health Care › §16-29D-7. Rules

The secretary of the Department of Health and Human Resources shall promulgate rules to carry out the provisions of this article. The Governor shall establish an advisory committee consisting of at least five individuals representing: An administrator of a small rural hospital; an administrator of a hospital having a disproportionate share of Medicaid or charity care; a registered professional nurse; a physician licensed in this state; and beneficiaries of the plan or plans. The majority of this advisory committee shall consist of health care providers. The purpose of the advisory committee is to advise and assist in the establishment of reasonable payment methods, schedule or schedules and rates. The advisory committee shall serve without compensation; however, the members thereof are entitled to reimbursement of their expenses. The policies and procedures of the rate schedule process setting forth the methodology for determination of rates, payments and schedules are subject to the legislative rule-making procedures of chapter twenty-nine-a of this code: Provided, That emergency rules may be utilized: Provided, however, That the actual rates, payments and schedules themselves shall not be subject to chapter twenty-nine-a of this code.
2023 West Virginia Code › Chapter 16. Public Health › Article 29D. State Health Care › §16-29D-9. Severability; Supersedes Other Provisions

If, for any reason, any part of this article or the application thereof to any person or circumstances is held unconstitutional or invalid, such unconstitutionality or invalidity shall not affect the remaining parts or their application to any other person or circumstance, and to this end, each and every part of this article is hereby declared to be severable. In the event of any inconsistency between the provisions of this article and any other provisions of this code, the provisions of this article shall prevail.
2023 West Virginia Code › Chapter 16. Public Health › Article 29E. Legislative Oversight Commission on Health and Human Resources Accountability › §16-29E-1. Findings and Purpose

The Legislature hereby finds and declares that:
(1) A crisis exists in the funding of health and social programs of this state;
(2) These programs exist to provide federal and state supported services to citizens in need;
(3) The health and well-being of these citizens is jeopardized when uncontrolled growth in various programs uses a disproportionate share of the available funding;
(4) State programs are often developed and implemented with limited private or federal grant moneys, which require future funding from the limited state resources; and
(5) The problem is exacerbated when various state agencies make competing or conflicting policy decisions.
2023 West Virginia Code › Chapter 16. Public Health › Article 29E. Legislative Oversight Commission on Health and Human Resources Accountability › §16-29E-2. Legislative Intent

It is the intent of the Legislature that all actions taken pursuant to the provisions of this article by the Legislature and the various agencies within the Department of Health and Human Resources serve the following core set of principles:
(1) That all health and social programs offered under state authority be coordinated to maximize efficiencies and minimize competition within the various agencies thereby addressing the needs of the citizens more effectively;
(2) That communication be facilitated among the various agencies within the Department of Health and Human Resources and between the department and the Legislature;
(3) That policy changes, not made by legislative rule, be discussed with the commission for purposes of coordinating those policies with existing programs and stated goals;
(4) That programs or policies implemented in accordance with federal mandates be communicated to the commission;
(5) That in developing and implementing programs with private or federal grant moneys, the various agencies communicate their efforts to the commission to ensure and facilitate future state funding; and
(6) That agencies previously exempted from rule-making review by federal or state statutes advise the commission of program changes which may affect the health and well-being of the citizens of West Virginia.
2023 West Virginia Code › Chapter 16. Public Health › Article 29E. Legislative Oversight Commission on Health and Human Resources Accountability › §16-29E-3. Definitions

As used in this article:
(a) "Agency" means those various agencies, authorities, boards, committees, commissions, or departments of the Department of Health and Human Resources with authority to promulgate legislative rules pursuant to this chapter that regulate health care providers, practitioners, or consumers; or those offering social services programs;
(b) "Commission" means the Legislative Oversight Commission on Health and Human Resources Accountability; and
(c) "Department" means the Department of Health and Human Resources, and any successor agencies.
2023 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 continued 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 4-2A-1
et seq
. 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.
2023 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;
(4) Conduct studies on health and human services;
(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 by ensuring increased access for 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) Evaluation of the adequacy and availability of care delivery networks throughout the heath care continuum from primary care to postmortem settings; and
(9) Make a continuing investigation, study, and review of all matters related to any area of concern that exists within the Department of Health and Human Resources, and any successor agencies, including, but not limited to, financial, administrative, programmatic, and systemic issues.
(b) The commission shall make annual reports to the Legislature regarding the results of all investigations, studies and reviews pursuant to 16-29E-7 of this code.
2023 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.
2023 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 16-29E-5 of this code, 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.
(c) The commission may require the Department of Health and Human Resources to submit reports on a routine or as needed basis. These reports shall be submitted to the commission. The submission instructions and format for the reports may be designated by the commission or the Joint Committee on Government and Finance.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.