COMMITTEE SUBSTITUTE

FOR

COMMITTEE SUBSTITUTE

FOR

 Senate Bill No. 560

(By Senator Stollings (By Request))

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[Originating in the Committee on the Judiciary;

reported February 28, 2011.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-29B-20a, relating to the rate-setting model utilized by the board being exempt from public disclosure; and providing when the options generated by the computer program are available to the public.

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 §16-29B-20a, to read as follows:

ARTICLE 29B. HEALTH CARE AUTHORITY.

§16-29B-20a. Confidentiality of the rate-setting model.

    In its decision-making process on standard rate applications, the board utilizes a computer program known as the rate-setting model to generate options for the board. The board’s options are various calculated rates that the board may elect to award to a hospital. The rate-setting model is predecisional in nature and part of the deliberative process and, as such, shall be exempt from public disclosure: Provided, That the options generated by the computer program shall be made available to the public, upon request, following any decision by the board utilizing the rate-setting model.

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    (NOTE: This section is new; therefore, strike-throughs and underscoring have been omitted.)