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Introduced Version Senate Bill 746 History

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Key: Green = existing Code. Red = new code to be enacted

FISCAL NOTEWEST virginia legislature

2020 regular session

Introduced

Senate Bill 746

By Senators Maroney, Stollings, Takubo, and Palumbo

[Introduced February 10, 2020;
to the Committee on Health and Human Resources]

A BILL to amend and reenact §16-4E-6 of the Code of West Virginia, 1931, as amended, relating to providing contracted managed care companies with the Bureau for Medical Services may be provided data from the uniform maternal screening tool regarding their own covered lives.

Be it enacted by the Legislature of West Virginia:


ARTICLE 4E. UNIFORM MATERNAL SCREENING ACT.


§16-4E-6. Confidentiality of screening tool.


(a) The uniform maternal screening tool shall be confidential and shall not be released or disclosed to anyone including any state or federal agency for any reason other than data analysis of high-risk and at-risk pregnancies for planning purposes by public health officials: Provided, That managed care organizations, with respect to their Medicaid or CHIP plans or contracts which are reviewed and approved by the Department of Health and Human Resources’ Bureau for Medical Services, and the Department of Health and Human Resources’ Bureau for Medical Services may be provided data from the screening tool regarding their own covered members. The contracted managed care companies and the Bureau for Medical Services must maintain the confidentiality of the data received.

(b) Proceedings, records and opinions of the advisory council are confidential and are not subject to discovery, subpoena or introduction into evidence in any civil or criminal proceeding. Nothing in this subsection is to be construed to limit or restrict the right to discover or use in any civil or criminal proceeding anything that is available from another source and entirely independent of the proceedings of the advisory council.

(c) Members of the advisory council may not be questioned in any civil or criminal proceeding regarding information presented in or opinions formed as a result of a meeting of the panel. Nothing in this subsection may be construed to prevent a member of the advisory council from testifying to information obtained independently of the panel or which is public information.


 

NOTE: The purpose of this bill is to provide contracted managed care companies with access to the uniform maternal screening tool regarding their own covered lives. This data will remain confidential with the contracted managed care companies.

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

 

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