West Virginia Code of State Rules › Agency 65 - Health Care Authority › Title 65 - LEGISLATIVE RULE HEALTH CARE AUTHORITY › Series 65-22 - Temporary Approval Of Discount Contracts For Border Hospitals › Section 65-22-7 - Protective Orders

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Upon the
				filing of a rate application by a hospital which includes information regarding
				discount contracts which have been previously temporarily approved by the
				Authority under the provisions of this rule, the information related to the
				discount contracts are subject to public disclosure as a public record unless
				and until such time as the hospital obtains a protective order for good cause
				shown in accordance with this section.
7.2. In order to obtain a protective order
				under this section, a hospital must file a written request verified under oath
				establishing that the hospital cannot remain competitive with nearby
				out-of-state hospitals without maintaining the confidentiality of the discount
				contracts, that the hospital is at risk of losing a significant volume of
				patients if the discount contract is disclosed, and that good cause exists for
				the entry of a protective order in accordance with this section. The Authority
				may issue a protective order if it determines that the foregoing requirements
				have been met by the hospital.
7.3.
				Upon the entry of a protective order, discount contracts will be made available
				by the Authority only to affected parties in any administrative proceeding
				arising out of this rule or out of the regular rate review procedure as set
				forth in W. Va. Code ''16-29B-20 and 21, upon a showing of good cause by the
				affected parties. In determining if good cause exists, the Authority shall take
				into consideration the competitive disadvantage to border hospitals this rule
				is intended to avoid. Upon a showing of good cause, the discount contracts
				shall be provided to affected parties only after ten (10) days advance written
				notice to all parties signatory to the discount contract. Upon the entry of a
				protective order, no information from the discount contracts shall be used or
				disclosed by any affected party who is provided the information for any purpose
				other than the purpose of preparing for the administrative proceeding pursuant
				to this rule or the regular rate review procedures set forth in W. Va. Code
				''16-29B-20 and 21.
7.4. Each
				affected party who seeks to obtain a copy of the discount contract subject to a
				protective order shall first execute in writing the following certification and
				file it with the Authority:
"I certify my understanding that the discount contract made
				  available and/or provided to me is subject to the terms and provisions relating
				  to discount contracts in the protective order issued by the Authority, and that
				  I am bound by those terms. I recognize that I may not disclose the contents of
				  the discount contracts except under the conditions set forth in the protective
				  order and I certify that any disclosure will be so limited. I recognize that
				  duplication of any portion of the discount contract or other disclosure not
				  permitted under the protective order constitutes a violation of the protective
				  order. I shall take precautions reasonably calculated to keep the protected
				  materials secure and confidential."
The original of each certificate shall be maintained by the
				  Authority and a copy of each written certificate shall be provided to the
				  border hospital and any other signatory to the discount contract. Any person
				  who has executed the certification shall continue to be bound by the provisions
				  of the protective order, even if the person ceases to be engaged in the
				  proceeding.
7.5. Affected
				parties who may be entitled to access to the discount contracts under the
				protective order shall not make photocopies, shall not disclose the information
				regarding contracts for any other purpose other than the purpose of preparing
				for the administrative proceeding pursuant to this rule or the regular rate
				review procedures set forth in W. Va. Code ''16-29B-20 and 21, and shall take
				precautions reasonably calculated to keep the protected materials secure and
				confidential in accordance with the purposes and intent of this rule.