WEST virginia legislature
2020 regular session
Senate Bill 782
By Senators Maroney and Plymale
[Introduced February 14,
to the Committee on Health and Human Resources]
A BILL to amend and reenact §16-29B-8 of the Code of West Virginia, 1931, as amended, relating to the fees assessed on certain hospitals by the Health Care Authority; eliminating the assessment termination date; correcting a mathematical error; and other technical cleanup.
Be it enacted by the Legislature of West Virginia:
ARTICLE 29B. HEALTH CARE AUTHORITY.
§16-29B-8. Powers generally; budget expenses of the authority.
(a) The authority may:
(1) Adopt, amend, and repeal necessary, appropriate, and lawful policy guidelines and, in cooperation with the secretary, propose 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;
(3) Exercise, subject to limitations or restrictions herein imposed, all other powers which are reasonably necessary or essential to effect the express objectives and purposes of this article;
(4) Assess a fee on a pro
rata basis on hospitals, except critical access
using net patient revenue, as defined under generally accepted accounting
principles. The assessment may not exceed a total five one hundredths of one
percent of its net patient revenue in a fiscal year. The amount of the
assessment shall be determined by the authority based upon the information
provided in a hospital’s most recent audited financial statement. The authority
shall collect the assessment on a semi-annual basis. Two hundred and fifty
Twenty-five thousandths of one percent shall be collected on July 1.
The amount of the second assessment shall be based upon the projected expenses
to perform the duties consistent with §16-29B-1 et seq. and §16-2D-1 et
seq. of this code, but may not exceed two hundred and fifty twenty-five
thousandths of one percent and shall be collected after January 1 of the
next year. The assessment shall be paid into the State Treasury and kept as a
special revolving fund designated Health Care Cost Review Fund, with the moneys
in the fund being expendable after appropriation by the Legislature for
purposes consistent with §16-29B-1 et seq. and §16-2D-1 et seq.
of this code. The secretary may use any balance remaining in the Health Care
Cost Review Fund at the end of June 30, 2017, to support the financial
viability of certain critical access hospitals that operate rural health
clinics in West Virginia. Any balance remaining in the fund at the end of June
30, 2018, and thereafter shall not revert to the treasury, but shall remain in
said fund and such moneys shall be expendable after appropriation by the
Legislature in ensuing fiscal years. The assessment shall terminate on July
(b) The Legislature finds that health care services will be disrupted and important data could be lost which could create significant hardships upon health care providers and the citizens of this state, therefore an emergency exists and the authority shall promulgate emergency rules pursuant to the provisions of §29-3-15 of this code to effectuate the changes in this article by July 1, 2017.
NOTE: The purpose of this bill is to correct a mathematical error and eliminate the assessment termination date.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.