SENATE CONCURRENT RESOLUTION NO. 52
(Originating in the Committee on Finance)
Requesting the Joint Committee on Government and Finance conduct an
interim study of the effect of the current decisions,
standards and rules of the Health Care Authority on border
health care providers.
Whereas, The state of West Virginia is a diverse state and
faces many challenges due to the geographical nature of the state;
Whereas, The state of West Virginia finds that the majority of
its population is located on its borders; and
Whereas, The implementation of new health care services in the
state is controlled by the decisions, standards and rules of the
West Virginia Health Care Authority; and
Whereas, Many health care providers believe the Health Care
Authority's decision, rules and standards do not allow border
hospitals to compete fairly with out-of-state providers; and
Whereas, Competitive market forces from out-of-state health
care facilities have a significant negative effect on acute care
hospitals and residents of the State of West Virginia located
within twenty miles of the state's border; and
Whereas, Many border hospitals believe the state is losing the opportunity to attract economic development, increased provider tax
collections and, most importantly, increased patient access to
needed health care services because of the Health Care Authority's
decision, rules and standards; and
Whereas, Many border health care providers need to offer
services such as open heart surgery in order to survive cross-
border competition; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance review, examine and study, during the
interim of the Legislature, the following:
1) The current decisions, standards and rules of the Health
Care Authority on border hospitals;
2) The barriers or obstacles presented by the certificate of
need program or standards in the state health plan which prevent
Health Care Authority consideration of out-of-competition and/or
out of state hospital utilization of a health care service that may
be reviewed in matters involving border hospitals;
3) The amount of inward migration that would occur it those
standards and rules were changed to better accommodate the needs of
the border hospitals;
4) The loss of provider tax due to outward migration and the potential increase of provider tax revenue if inward migration
would be increased to border hospitals because of changes to the
Health Care Authority rules and standards;
5) The effect on managed care and Public Employees Insurance
Agency because of the current decision, standards and rules
regarding border hospitals of the Health Care Authority and the
effect if the Health Care Authority standards were altered; and
6) Identify any services, such as open heart surgery, that
border hospitals may need to offer in order to be competitive; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2001, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.