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Enrolled Version - Final Version Senate Bill 363 History

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ENROLLED

Senate Bill No. 363

(By Senator Cole (Mr. President))

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[Passed March 14, 2015; in effect ninety days from passage.]

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AN ACT to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-2A-19b, relating to allowing the Court of Claims to establish maximum rates and service limitations for reimbursement of health care services; requiring rates to be filed with Joint Committee on Government and Finance; setting effective date for changes to rates and limitations; prohibiting payment from other sources, as well as claimants; and authorizing court to review claims.

Be it enacted by the Legislature of West Virginia:

            That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §14-2A-19b, to read as follows:

ARTICLE 2A. COMPENSATION AWARDS TO VICTIMS OF CRIMES.

§14-2A-19b. Rates and limitations for health care services.

            The court may establish by court rule or court order maximum rates and service limitations for reimbursement of health care services rendered by a physician, hospital, or other health care provider. An informational copy of the maximum rates and service limitations shall be filed with the Joint Committee on Government and Finance upon adoption by the court. Any change in the maximum rates or service limitations shall be effective sixty days after the adoption of the changes. A provider who accepts payment from the court for a service shall accept the court's rates as payment in full and may not accept any payment on account of the service from any other source if the total of payments accepted would exceed the maximum rate set by the court for that service. A provider may not charge a claimant for any difference between the cost of a service provided to a claimant and the court's payment for that service. To ensure service limitations are uniform and appropriate to the levels of treatment required by the claimant, the court may review all claims for these services as necessary to ensure their medical necessity.

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