(a) “All-payer claims database” or “APCD” means the program authorized by this article that collects, retains, uses, and discloses information concerning the claims and administrative expenses of health care payers. (b) “Commissioner” means the West Virginia Insurance Commissioner. (c) “Data” means the data elements from enrollment and eligibility files, specified types of claims, and reference […]
(a) The secretary shall have primary responsibility for the collection, retention, and dissemination of the data in an all-payer claims database (APCD). The commissioner shall have primary responsibility for enforcement of data collection. (b) The secretary shall provide for the development of a plan for the financial stability of the APCD. (c) The secretary shall […]
(a) The secretary may: (1) Accept gifts, bequests, grants, or other funds dedicated to the furtherance of the goals of the all-payer claim database (APCD);
(a) All health care payers shall submit data to the secretary, or an entity designated by the secretary, at such times and in a form specified in rule. Any health care payer that the secretary or commissioner determines paid or administered the payment of health insurance claims in this state for policies on fewer than […]
Reasonable user fees may be set by the secretary, in the manner established in legislative rule, for the right to access and use the data available from the all-payer claim database (APCD). The secretary may reduce or waive the fee if he or she determines that the user is unable to pay the scheduled fees […]
If there is any violation of this article or any rule adopted thereunder, the commissioner or secretary may seek to enjoin a further violation in the circuit court of Kanawha County. Injunctive relief ordered pursuant to this section may be in addition to any other remedies and enforcement actions available to the secretary and commissioner […]
(a) There is hereby created a special revenue account in the State Treasury, designated the West Virginia All-Payer Claims Database Fund, which shall be an interest-bearing account and may be invested in the manner permitted by 12-6-1 et seq. of this code, with the interest income a proper credit to the fund and which shall […]
To effectuate the provisions of this article, the secretary and commissioner may propose joint rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code as necessary to implement this article. Such rules may include, but are not limited to, the following: (a) Procedures for the collection, retention, use, and […]
