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Home » US Law » 2022 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 […]

§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 […]

§16-29D-3. Agencies to Cooperate and to Provide Plan; Contents of Plan; Reports to Legislature; Late Payments by State Agencies and Interest Thereon

(a) All departments and divisions of the state, including, but not limited to, the Bureau of Employment Programs; the division of health and the division of human services within the Department of Health and Human Resources; the Public Employees Insurance Agency within the Department of Administration; the Division of Rehabilitation Services; the workers' compensation commission; […]

§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 […]

§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 […]

§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 […]

§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 […]

§16-29D-8. Civil Penalties; Removal as Provider

The secretary of the Department of Health and Human Resources may assess a civil penalty for violation of this article. In addition to the assessments the secretary may remove the health care provider from any list of providers for whose services a department or division may pay. Upon the secretary determining there is probable cause […]

§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 […]