Introduced Version
House Bill 2735 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2735
(By Delegates Perdue, Perry, Border,
Fleischauer, Marshall, Moore and Staggers)
[Introduced February 26, 2013; referred to the
Committee on Health and Human Resources then the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §9-2-13, relating to
elective or nonmedically indicated induced deliveries or
cesarean sections performed at a hospital on a medical
assistance recipient before the thirty-ninth week of
gestation; achieving cost savings by implementing certain
quality initiatives; requiring the Department of Health and
Human Resources to coordinate with certain entities to collect
information regarding induced deliveries and cesarean
sections; requiring certain hospitals to work with physicians
to reduce the number of certain induced deliveries and
cesarean sections before the thirty-ninth week of gestation;
requiring the Department of Health and Human Resources to
perform a study and submit a written report; and requiring
waivers or authorizations to be requested from federal agencies in certain instances.
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 §9-2-13, to read as
follows:
ARTICLE 2. COMMISSIONER OF HUMAN SERVICES; POWERS, DUTIES AND
RESPONSIBILITIES GENERALLY.
§9-2-13. Deliveries before the thirty-ninth week.
(a) The department shall achieve cost savings with improved
outcomes by adopting and implementing quality initiatives that are
evidence-based, tested and fully consistent with established
standards of clinical care and that are designed to reduce the
number of elective or nonmedically indicated induced deliveries or
cesarean sections performed at a hospital on a medical assistance
recipient before the thirty-ninth week of gestation.
__(b) The department shall coordinate with physicians,
hospitals, managed care organizations, and the department's billing
contractor for the medical assistance program to develop a process
for collecting information regarding the number of induced
deliveries and cesarean sections described in subsection (a) of
this section that occur during prescribed periods.
__(c) A hospital that provides obstetrical services shall
collaborate with physicians providing services at the hospital to develop quality initiatives to reduce the number of elective or
nonmedically indicated induced deliveries or cesarean sections
performed at the hospital on a woman before the thirty-ninth week
of gestation.
__(d) The department shall conduct a study to assess the effects
of the quality initiatives adopted under this section on infant
health and frequency of infant admissions to neonatal intensive
care units and hospital readmissions for mothers and infants.
__(e) The department shall submit a written report containing
the findings of the study conducted under this section together
with its recommendations to the Legislative Oversight Committee on
Health and Human Resources Accountability.
__(f) If before implementing any provision of this section a
state agency determines that a waiver or authorization from a
federal agency is necessary for implementation of that provision,
the agency affected by the provision shall request the waiver or
authorization and may delay implementing that provision until the
waiver or authorization is granted.
NOTE: The purpose of this bill is to reduce the number of
elective or nonmedically indicated induced deliveries or cesarean
sections performed at a hospital on a medical assistance recipient
before the thirty-ninth week of gestation. The bill achieves cost
savings by implementing certain quality initiatives. The bill
requires the Department of Health and Human Resources to coordinate
with certain entities to collect information regarding induced
deliveries and cesarean sections. The bill requires certain
hospitals to work with physicians to reduce the number of certain induced deliveries and cesarean sections before the thirty-ninth
week of gestation. The bill requires the Department of Health and
Human Resources to perform a study and submit a written report. The
bill requires waivers or authorizations to be requested from
federal agencies if it is necessary for implementation of any of
the bill's provisions.
This section is new; therefore, it has been completely
underscored.