HB3126 H H&HR AM 3-16
The House Health and Human Resource Committee moves to amend
the bill on page one by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That §9-5-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5: MISCELLANEOUS PROVISIONS.
§9-5-16. Medicaid program; legislative purpose; health care
provider reimbursement study by department; hearings; report.
(a) It is the purpose of the Legislature in enacting this section
to encourage the long-term well planned development of fair and
equitable reimbursement methodologies and systems for all health
care providers reimbursed under the medicaid program in its
entirety, and to ensure that reimbursement for services of all such
health care providers is determined without undue discrimination or
preference and with full consideration of adequate and reasonable
compensation to such health care providers for the costs of
providing such services.
(b) In order that the Legislature become better informed as to
these matters, and appropriately appraise and balance the interests
among all such health care providers and between all such health
care providers and the interests of all the state's citizenry, the
Legislature hereby directs the commissioner of the department of
human services Secretary of the Department of Health and Human
Resources to identify, explore, study and consider the potential benefits and risks associated with the adoption of alternative and
emerging and state-of-the-art concepts in reimbursement methodology
for such health care providers.
(c) Toward this end, the commissioner Secretary shall conduct
inquiries and hold hearings in order to provide all health care
providers and other interested persons the opportunity to comment.
In carrying out the provisions of this section, the commissioner
Secretary shall have jurisdiction over such persons, whether such
health care providers or not, as may be in the opinion of the
commissioner Secretary necessary to the exercise of the mandate set
forth in this section, and may compel attendance before the
department, take testimony under oath and compel the production of
papers or other documents. Upon reasonable requests by the
commissioner Secretary, all other state agencies shall cooperate in
carrying out the provisions of this section.
(d) The commissioner Secretary shall make monthly biennial reports
to the Joint Committee on Government and Finance, created by
article three, chapter four of this code, or a subcommittee
designated by the Joint Committee, and at the completion of such
identification, exploration, study and consideration, present to
the Joint Committee or its subcommittee, no later than the first
day of December, one thousand nine hundred eighty-eight December
1,2009, a summary report which shall set forth all activities
pursuant to the mandate of the Legislature as set forth herein, any
policy decisions reached and initiatives undertaken and findings
and conclusions as well as any recommendations for legislation. The commissioner Secretary shall also make such full report to the
Legislature no later than the first day of the regular session of
the Legislature each year beginning in 2010 in the year one
thousand nine hundred eighty-nine.
(e) Nothing in this section shall be construed to give the
Legislature any jurisdiction over the medicaid program or its
operations.