Bill Text: WV HB4761 | 2022 | Regular Session | Introduced
Bill Title: Authorizing the Secretary of the Department of Health and Human Resources to develop a submission procedures manual and adopt the same as a procedural rule.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-03-12 - On 3rd reading, House Calendar [HB4761 Detail]
Download: West_Virginia-2022-HB4761-Introduced.html
WEST VIRGINIA LEGISLATURE
2022 REGULAR SESSION
Introduced
House Bill 4761
By Delegate Rohrbach
[Introduced February 15, 2022; Referred to the Committee on Health and Human Resources]
A BILL to amend and reenact §33-4A-8 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of the Department of Health and Human Resources to develop a submission procedures manual for the all-payer claims database and adopt the same as a procedural rule.
Be it enacted by the Legislature of West Virginia:
§33-4A-8. Rule-making authority.
(a) 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) (1) Procedures for the collection, retention,
use, and disclosure of data from the all-payer claims database (APCD),
including procedures and safeguards to protect the privacy, integrity,
confidentiality, and availability of any data;
(b) (2) Penalties against health care payers for
violation of rules governing the submission of data, including a schedule of
fines for failure to file data or to pay assessments;
(c) (3) Fees payable by users of the data and the
process for a waiver or reduction of user fees. Any such fees shall be
established at a level that, when considered together with other available
funding sources, is deemed necessary to sustain the operation of the APCD;
(d) (4) A proposed time frame for the creation of
the database;
(e) (5)
Criteria for determining whether data collected, beyond the listed personal identifiers, is confidential clinical data, confidential financial data, or privileged medical information, and procedures to give affected providers and health care payers notice and opportunity to comment in response to requests for information that may be considered confidential or privileged;
(f) (6) Penalties, including fines and other
administrative sanctions, that may be imposed by the commissioner for a health
care payer’s failure to comply with requirements of this article and rules
adopted thereunder; and
(g) (7) Establishment of advisory boards to
provide advice to the secretary with respect to the various functions of the
APCD.
(b) The secretary may develop a submission procedures manual that sets forth the required data file format, data elements, code tables, edit specifications, thresholds required for a submission to be deemed complete, methods for submitting data, submission schedules, and other information associated with the data submitters’ submission and reporting duties and may adopt the same as a procedural rule in accordance with §29A-3-1 et seq. of this code.
NOTE: The purpose of this bill is to authorize the Secretary of the Department of Health and Human Resources to develop a submission procedures manual and adopt the same as a procedural rule.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
