Senate Bill No. 403

(By Senators Wagner and Bailey)

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[Introduced February 17, 1995; referred to the Committee
on Health and Human Resources; and then to the Committee on Finance.]
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A BILL to amend and reenact section twenty, article twenty-nine-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to exempting from the rate review process hospitals designated as rural primary care hospitals under the essential access community hospital program; exempting from the rate determination certain swing beds and respite beds; preventing penalties for operating swing beds and respite beds; requiring the health care cost review authority to approve interim requests for rate increases by hospitals which are licensed for less than seventy-five acute care beds and which receive more than fifty percent of the hospital's gross patient revenues from governmental payors; and requiring submission of annual financial audits.

Be it enacted by the Legislature of West Virginia:
That section twenty, article twenty-nine-b, chapter sixteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 29B. HEALTH CARE COST REVIEW AUTHORITY.
§16-29B-20. Rate determination.

(a) Upon commencement of review activities, no rates may be approved by the board nor payment be made for services provided by hospitals under the jurisdiction of the board by any purchaser or third-party payor to or on behalf of any purchaser or class of purchasers unless:
(1) The costs of the hospital's services are reasonably related to the services provided and the rates are reasonably related to the costs;
(2) The rates are equitably established among all purchasers or classes of purchasers within a hospital without discrimination unless federal or state statutes or regulations conflict with this requirement. On and after the effective date of this section, a summary of every proposed contract for the payment of patient care services between a purchaser or third-party payor and a hospital shall be filed by the hospital with its rate application for review by the board. No contract for the payment of patient care services between a purchaser or third-party payor and a hospital which establishes discounts to the purchaser or third-party payor shall take effect until it is approved by the board. The board shall approve or deny the proposed contract within the overall rate review period established in section twenty-one of this article. No discount shall may be approved by the board which constitutes an amount below the actual cost to the hospital.
The hospital shall demonstrate to the board that the cost of any discount contained in the contract will not be shifted to any other purchaser or third-party payor. The hospital shall further demonstrate that the discount will not result in a decrease in its proportion of medicare, medicaid or uncompensated care patients. In addition, the hospital shall demonstrate to the board that the discount is based upon criteria which constitutes a quantifiable economic benefit to the hospital. All information submitted to the board shall be certified by the hospital administrator as to its accuracy and truthfulness;
(3) The rates of payment for medicaid are reasonable and adequate to meet the costs which must be incurred by efficiently and economically operated hospitals subject to the provisions of this article. The rates shall take into account the situation of hospitals which serve disproportionate numbers of low income patients and assure that individuals eligible for medicaid have reasonable access, taking into account geographic location and reasonable travel time, to inpatient hospital services of adequate quality;
(4) The rates are equitable in comparison to prevailing rates for similar services in similar hospitals as determined by the board; and
(5) In no event shall may a hospital's receipt of emergency disaster funds from the federal government be included in such hospital's gross revenues for either rate-setting or assessment purposes.
(b) In the interest of promoting efficient and appropriate utilization of hospital services, the board shall review and make findings on the appropriateness of projected gross revenues for a hospital as such revenues relate to charges for services and anticipated incidence of service. The board shall further render a decision as to the amount of net revenue over expenditures that is appropriate for the effective operation of the hospital.
(c) When applying the criteria set forth above, the board shall consider all relevant factors, including, but not limited to, the following: The economic factors in the hospital's area; the hospital's efforts to share services; the hospital's efforts to employ less costly alternatives for delivering substantially similar services or producing substantially similar or better results in terms of the health status of those served; the efficiency of the hospital as to cost and delivery of health care; the quality of care; occupancy level; a fair return on invested capital, not otherwise compensated for; whether the hospital is operated for profit or not for profit; costs of education; and income from any investments and assets not associated with patient care, including, but not limited to, parking garages, residences, office buildings, and income from related organizations and restricted funds whether or not so associated.
(d) Wages, salaries and benefits paid to or on behalf of nonsupervisory employees of hospitals subject to this article shall may not be subject to review unless the board first determines that such wages, salaries and benefits may be unreasonably or uncustomarily high or low. Said exemption does not apply to accounting and reporting requirements contained in this article, nor to any that may be established by the board. "Nonsupervisory personnel," for the purposes of this section, means, but is not limited to, employees of hospitals subject to the provisions of this article who are paid on an hourly basis.
(e) Reimbursement of capital and operating costs for new services and capital projects subject to article two-d of this chapter shall may not be allowed by the board if such costs were incurred subsequent to the eighth day of July, one thousand nine hundred seventy-seven, unless they were exempt from review or approved by the state health planning and development agency prior to the first day of July, one thousand nine hundred eighty-four, pursuant to the provisions of article two-d of this chapter.
(f) The board shall consult with relevant licensing agencies and may require them to provide written findings with regard to their statutory functions and information obtained by them in the pursuit of those functions. Any licensing agency empowered to suggest or mandate changes in buildings or operations of hospitals shall give notice to the board together with any findings.
(g) Rates shall be set by the board in advance of the year during which they apply except for the procedure set forth in subsection (c), section twenty-one of this article and shall may not be adjusted for costs actually incurred.
(h) All determinations, orders and decisions of the board with respect to rates and revenues shall be prospective in nature.
(i) No hospital may charge for services at rates in excess of those established in accordance with the requirements of and procedures set forth in this article.
(j) Notwithstanding any other provision of this article, the board shall approve all requests for rate increases by hospitals which are licensed for one hundred beds or less and which are not located in a standard metropolitan statistical area where the rate of increase is equal to or less than the lowest rate of inflation as established by a recognized inflation index for either the national or regional hospital industry. The board may, by regulation, impose reporting requirements to ensure that a hospital does not exceed the rate of increases permitted herein.
(k) Notwithstanding any other provision of this article, the board shall develop an expedited review process applicable to all hospitals licensed for more than one hundred beds or that are located in a standard metropolitan statistical area for rate increase requests which may be based upon a recognized inflation index for the national or regional hospital industry.
(l) Notwithstanding any other provision of this article to the contrary, the board shall exempt from the rate review process any hospital designated as a rural primary care hospital under the essential access community hospital and rural primary care hospital program during the period that the hospital meets the requirements to be designated as a rural primary care hospital. Any rural primary care hospital is exempt from rate setting under this section. In the event a hospital loses its status as a rural primary care hospital, the hospital will become subject to rate review the next succeeding fiscal year following the loss of status. Any hospital which was formerly a rural primary care hospital and becomes subject to rate review as provided in this subsection, shall have its rates set at a level equivalent to first time consideration under the cost-based rate methodology and may not be penalized for any overage in excess of previously established rates.
(m) Notwithstanding any other provision of this article to the contrary, any hospital which uses designated acute care beds as swing beds as defined in the state health plan and which are subject to rate determination shall be exempt from rate determination for swing beds. The costs for swing beds shall be included within the hospital's costs for rate determination purposes, but the hospital may not be penalized for swing bed utilization and revenues in the rate determination process. Notwithstanding any other provision of this article to the contrary, any hospital which provides respite care services is exempt from rate determination for respite care services. The costs for respite care services shall be included within the hospital's costs for rate determination purposes, but the hospital may not be penalized for respite care utilization and revenues in the rate determination process. Revenues and utilization statistics for swing beds and for respite care shall be separately aggregated under the rate determination process, and may not be taken into account in establishing the rates for hospitals with swing beds and respite services.
(n) Notwithstanding any other provision of this article to the contrary, the board shall approve any interim request for a rate increase by any hospital which is licensed for less than seventy-five acute care beds and which receives more than fifty percent of its gross patient revenues from governmental payors:
Provided, That the rate of increase requested is less than or equal to the lowest rate of inflation as established by a recognized inflation index for either the national or regional hospital industry. Any hospital eligible to receive an interim rate increase shall file a rate application form under the cost-based rate methodology once every three years and is entitled to receive an interim rate increase less than the rate of inflation without undergoing the rate determination process. Any hospital subject to interim rate increases pursuant to this section is only required to submit audited financial statements annually.


NOTE: The purpose of this bill is to exempt from the rate review process hospitals designated as rural primary care hospitals under the essential access community hospital program and to exempt from the rate determination process certain swing beds and respite beds.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.