COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 414
(By Senators Prezioso, Foster, Jenkins, Stollings, Caruth, Laird,
Unger, Minard and Kessler)
____________
[Originating in the Committee on Health and Human Resources;
reported March 20, 2009.]
____________
A BILL to repeal §5-16-7b of the Code of West Virginia, 1931, as
amended;
to repeal §5-16C-1, §5-16C-2, §5-16C-3, §5-16C-4,
§5-16C-5, §5-16C-6, §5-16C-7, §5-16C-8, §5-16C-9 and §5-16C-10
of said code; to repeal §5A-3-1a of said code; to repeal
§5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6,
§5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12,
§5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17 of
said code; to amend and reenact §5F-2-5 of said code; to
amend
and reenact §16-2J-2 of said code; to amend said code by
adding thereto a new article, designated §16-2L-1, §16-2L-2,
§16-2L-3, §16-2L-4 and §16-2L-5;
to amend and reenact
§16-29H-1, §16-29H-2, §16-29H-3, §16-29H-4 and §16-29H-5 of
said code; and to amend said code by adding thereto sixteen
new sections, designated §16-29H-6, §16-29H-7, §16-29H-8, §16-
29H-9, §16-29H-10, §16-29H-11, §16-29H-12, §16-29H-13, §16-
29H-14, §16-29H-15, §16-29H-16, §16-29H-17, §16-29H-18, §16-29H-19, §16-29H-20 and §16-29H-21, all relating generally to
the creation of the Governor's Office of Health Enhancement
and Lifestyle Planning; setting forth legislative findings;
setting forth the powers and duties of the office;
transferring the powers and duties of the Pharmaceutical Cost
Management Council to the office; creating the position of
director; setting forth the qualifications of the director;
setting forth the powers and duties of the director; providing
for staff; requiring the development of a five-year strategic
plan; providing for legislative rule-making authority;
providing for coordination with various state agencies,
departments, boards, bureaus and commissions; requiring
reporting to the Governor and the Legislature; establishing
pilot projects for patient-centered medical homes; setting
forth legislative findings; defining terms; evaluating
existing medical home pilot programs; establishing criteria
for pilot projects for patient-centered medical homes;
defining four types of pilot projects; setting forth
evaluation criteria; and granting rule-making authority.
Be it enacted by the Legislature of West Virginia:
That §5-16-7b of the Code of West Virginia, 1931, as amended,
be repealed; that §5-16C-1, §5-16C-2, §5-16C-3, §5-16C-4, §5-16C-5,
§5-16C-6, §5-16C-7, §5-16C-8, §5-16C-9 and §5-16C-10 of said code
be repealed;
that
§5A-3-1a of said code be repealed; that §5A-3C-1,
§5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5, §5A-3C-6, §5A-3C-7,
§5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17 of said code be
repealed; that §5F-2-2 of said code be amended and reenacted; that
§16-2J-2 of said code be amended and reenacted; that said code be
amended by adding thereto a new article, designated §16-2L-1,
§16-2L-2, §16-2L-3, §16-2L-4 and §16-2L-5; that §16-29H-1,
§16-29H-2, §16-29H-3, §16-29H-4 and §16-29H-5 of said code be
amended and reenacted; and that said code be amended by adding
thereto sixteen new sections, designated §16-29H-6, §16-29H-7, §16-
29H-8, §16-29H-9, §16-29H-10, §16-29H-11, §16-29H-12, §16-29H-13,
§16-29H-14, §16-29H-15, §16-29H-16, §16-29H-17, §16-29H-18, §16-
29H-19, §16-29H-20 and §16-29H-21, all to read as follows:
CHAPTER 5F. ORGANIZATION OF THE EXECUTIVE BRANCH
OF STATE GOVERNMENT.
ARTICLE 2. TRANSFER OF AGENCIES AND BOARDS.
§5F-2-2. Power and authority of secretary of each department.
(a) Notwithstanding any other provision of this code to the
contrary, the secretary of each department shall have plenary power
and authority within and for the department to:
(1) Employ and discharge within the office of the secretary
employees as may be necessary to carry out the functions of the
secretary, which employees shall serve at the will and pleasure of
the secretary;
(2) Cause the various agencies and boards to be operated
effectively, efficiently and economically and develop goals,
objectives, policies and plans that are necessary or desirable for the effective, efficient and economical operation of the
department;
(3) Eliminate or consolidate positions, other than positions
of administrators or positions of board members and name a person
to fill more than one position;
(4) Transfer permanent state employees between departments in
accordance with the provisions of section seven of this article;
(5) Delegate, assign, transfer or combine responsibilities or
duties to or among employees, other than administrators or board
members;
(6) Reorganize internal functions or operations;
(7) Formulate comprehensive budgets for consideration by the
Governor, and transfer within the department funds appropriated to
the various agencies of the department which are not expended due
to cost savings resulting from the implementation of the provisions
of this chapter:
Provided, That no more than twenty-five percent
of the funds appropriated to any one agency or board may be
transferred to other agencies or boards within the department:
Provided, however, That no funds may be transferred from a special
revenue account, dedicated account, capital expenditure account or
any other account or funds specifically exempted by the Legislature
from transfer, except that the use of appropriations from the State
Road Fund transferred to the office of the Secretary of the
Department of Transportation is not a use other than the purpose
for which the funds were dedicated and is permitted:
Provided
further, That if the Legislature by subsequent enactment consolidates agencies, boards or functions, the appropriate
secretary may transfer the funds formerly appropriated to the
agency, board or function in order to implement consolidation. The
authority to transfer funds under this section shall expire on the
thirtieth day of June, two thousand five; June 30, 2010;
(8) Enter into contracts or agreements requiring the
expenditure of public funds, and authorize the expenditure or
obligation of public funds as authorized by law:
Provided, That
the powers granted to the secretary to enter into contracts or
agreements and to make expenditures or obligations of public funds
under this provision shall not exceed or be interpreted as
authority to exceed the powers granted by the Legislature to the
various commissioners, directors or board members of the various
departments, agencies or boards that comprise and are incorporated
into each secretary's department under this chapter;
(9) Acquire by lease or purchase property of whatever kind or
character and convey or dispose of any property of whatever kind or
character as authorized by law:
Provided, That the powers granted
to the secretary to lease, purchase, convey or dispose of such
property shall be exercised in accordance with the provisions of
articles three, ten and eleven, chapter five-a of this code:
Provided, however, That the powers granted to the secretary to
lease, purchase, convey or dispose of such property shall not
exceed or be interpreted as authority to exceed the powers granted
by the Legislature to the various commissioners, directors or board
members of the various departments, agencies or boards that comprise and are incorporated into each secretary's department
under this chapter;
(10) Conduct internal audits;
(11) Supervise internal management;
(12) Promulgate rules, as defined in section two, article one,
chapter twenty-nine-a of this code, to implement and make effective
the powers, authority and duties granted and imposed by the
provisions of this chapter in accordance with the provisions of
chapter twenty-nine-a of this code;
(13) Grant or withhold written consent to the proposal of any
rule, as defined in section two, article one, chapter twenty-nine-a
of this code, by any administrator, agency or board within the
department. Without written consent, no proposal for a rule shall
have any force or effect;
(14) Delegate to administrators the duties of the secretary as
the secretary may deem appropriate, from time to time, to
facilitate execution of the powers, authority and duties delegated
to the secretary; and
(15) Take any other action involving or relating to internal
management not otherwise prohibited by law.
(b) The secretaries of the departments hereby created shall
engage in a comprehensive review of the practices, policies and
operations of the agencies and boards within their departments to
determine the feasibility of cost reductions and increased
efficiency which may be achieved therein, including, but not
limited to, the following:
(1) The elimination, reduction and restriction of the state's
vehicle or other transportation fleet;
(2) The elimination, reduction and restriction of state
government publications, including annual reports, informational
materials and promotional materials;
(3) The termination or rectification of terms contained in
lease agreements between the state and private sector for offices,
equipment and services;
(4) The adoption of appropriate systems for accounting,
including consideration of an accrual basis financial accounting
and reporting system;
(5) The adoption of revised procurement practices to
facilitate cost-effective purchasing procedures, including
consideration of means by which domestic businesses may be assisted
to compete for state government purchases; and
(6) The computerization of the functions of the state agencies
and boards.
(c) Notwithstanding the provisions of subsections (a) and (b)
of this section, none of the powers granted to the secretaries
herein shall be exercised by the secretary if to do so would
violate or be inconsistent with the provisions of any federal law
or regulation, any federal-state program or federally delegated
program or jeopardize the approval, existence or funding of any
program.
(d) The layoff and recall rights of employees within the
classified service of the state as provided in subsections (5) and (6), section ten, article six, chapter twenty-nine of this code
shall be limited to the organizational unit within the agency or
board and within the occupational group established by the
classification and compensation plan for the classified service of
the agency or board in which the employee was employed prior to the
agency or board's transfer or incorporation into the department:
Provided, That the employee shall possess the qualifications
established for the job class. The duration of recall rights
provided in this subsection shall be limited to two years or the
length of tenure, whichever is less. Except as provided in this
subsection, nothing contained in this section shall be construed to
abridge the rights of employees within the classified service of
the state as provided in sections ten and ten-a, article six,
chapter twenty-nine of this code.
(e) Notwithstanding any other provision of this code to the
contrary, the secretary of each department with authority over
programs which
have an impact on the delivery of health care
services in the state or are payors for health care services or,
are payors for prescription drugs, including, but not limited to,
the Public Employees Insurance Agency,
the Department of Health and
Human Resources, the Bureau for Senior Services, the Children's
Health Insurance Program,
the Health Care Authority, the Office of
the Insurance Commissioner, the Division of Corrections, the
Division of Juvenile Services, the Regional Jail and Correctional
Facility Authority,
the Workers' Compensation Fund, state colleges
and universities, public hospitals, state or local institutions including nursing homes and veterans' homes, the Division of
Rehabilitation, public health departments, the Bureau for Medical
Services and other programs,
which have an impact on the delivery
of health care services, or are payors for health care services or
that are payors for prescription drugs,
in West Virginia shall
cooperate with the
Office of the Pharmaceutical Advocate Governor's
Office of Health Enhancement and Lifestyle Planning established
pursuant to
section four, article sixteen-d, chapter five article
twenty-nine-h, chapter sixteen of this code for the purpose of
purchasing prescription drugs improving the health care delivery
services in West Virginia for any program over which they have
authority
: Provided, That no action of Governor's Office of Health
Enhancement and Lifestyle Planning
shall encumber greater than five
percent of the state share of the annual funds appropriated to any
one agency or board without prior approval of the secretary with
authority over that office.
CHAPTER 16. PUBLIC HEALTH
ARTICLE 2J. PREVENTIVE CARE PILOT PROGRAM.
16-2J-2. Definitions.
For the purposes of this article, the following definitions
apply:
(1) "Dependent" has the same meaning set forth in subsection
(d), section one-a, article sixteen, chapter thirty-three of this
code;
(2) "Family" means a subscriber and his or her dependents;(3) "Medical home" means a team approach to providing health
care and care management. Whether involving a primary care
provider, specialist or sub-specialist, care management includes
the development of a plan of care, the determination of the
outcomes desired, facilitation and navigation of the health care
system, provision of follow-up and support for achieving the
identified outcomes. The medical home maintains a centralized,
comprehensive record of all health related services to provide
continuity of care;
(4) (3) "Participating provider" means a provider under this
article that has been granted a license under this article to
operate as part of the pilot program;
(4) "Patient-centered medical home" means a health care
setting that facilitates partnerships between individual patients
and their personal physicians and, when appropriate, the patients'
families and communities. A patient-centered medical home
integrates patients as active participants in their own health and
well being. Patients are cared for by a physician or physician
practice that leads a multidisciplinary health team, which may
include, but is not limited, to nurse practitioners, nurses,
physician's assistants, behavioral health providers, pharmacists,
social workers, physical therapists, dental and eye care providers
and dieticians to meet the needs of the patient in all aspects of
preventive, acute, chronic care and end-of-life care using
evidence-based medicine and technology.
(5) "Primary care" means basic or general health care which emphasizes the point when the patient first seeks assistance from
the medical care system and the care of the simpler and more common
illnesses;
(6) "Provider" has the same meaning as "ambulatory health care
facility" set forth in subsection (b), section two, article two-d
of this chapter or "private office practice" as set forth in
subdivision (1), subsection (a)(1), section four of said article;
(7) "Qualifying event" means loss of coverage due to: (i)
Emancipation and resultant loss of coverage under a parent or
guardian's plan; (ii) divorce and loss of coverage under the former
spouse's plan; (iii) termination of employment and resultant loss
of coverage under an employer group plan: Provided, That any
rights of coverage under a COBRA continuation plan as that term is
defined in section three-m, article sixteen, chapter thirty-three
of this code, shall not be considered coverage under an employer
group health plan; (iv) involuntary termination of coverage under
a group health benefit plan except for termination due to
nonpayment of premiums or fraud by the insured; or (v) exhaustion
of COBRA benefits;
(8) "Subscriber" means any individual who subscribes to a
prepaid program approved and operated in accordance with the
provisions of this article, including an employee of any employer
that has purchased a group enrollment on behalf of its employees.
ARTICLE 2L. PATIENT-CENTERED MEDICAL HOMES.
§16-2L-1. Legislative findings.
The Legislature finds that:
(1) There is a need in the state to transform the health care
services delivery model toward primary prevention and more
proactive care management through the development of patient
centered medical homes;
(2) The concept of a patient-centered medical home would
promote a partnership between the individual patient, the patients'
various health care providers, the patients' family and, if
necessary, the community. It integrates the patient as an active
participant in their own health and well being;
(3) The patient-centered medical home provides care through a
multidisciplinary health team consisting of physicians, nurse
practitioners, nurses, physicians assistants, behavioral health
providers, pharmacists, social workers, physical therapists, dental
and eye care providers and dieticians to meet the health care needs
of a patient in all aspects of preventative, acute, chronic, and
end-of-life care using evidence based medicine and technology;
(4) In a patient-centered medical home each patient has an
ongoing relationship with a personal physician. The physician
would lead a team of health care providers who take responsibility
for the care of the patient or for arranging care with other
qualified professionals;
(5) Transitioning health care delivery services to a patient-
centered medical home would provide greater quality of care,
increase patient safety and ensure greater access to health care;
(6) Currently there are medical home pilot projects underway
at the Bureau for Medical Services and the Public Employees Insurance Agency that should be reviewed and evaluated for
efficiency and a means to expand these to greater segments of the
state's population, most importantly the uninsured.
§16-2L-2. Definition of a patient-centered medical home.
The patient-centered medical home is a health care setting
that facilitates partnerships between individual patients and their
personal physicians and, when appropriate, the patients' families
and communities. A patient-centered medical home integrates
patients as active participants in their own health and well being.
Patients are cared for by a physician or physician practice that
leads a multidisciplinary health team, which may include but is not
limited to nurse practitioners, nurses, physician's assistants,
behavioral health providers, pharmacists, social workers, physical
therapists, dental and eye care providers and dieticians to meet
the needs of the patient in all aspects of preventive, acute,
chronic care and end-of-life care using evidence based medicine and
technology.
§16-2L-3. Authorization of patient-centered medical home pilot
projects; types of pilot projects.
(a) The Governor's Office of Health Enhancement and Lifestyle
Planning, as set forth in article twenty-nine-h of this chapter,
shall consult with the Bureau for Medical Services and the Public
Employee Insurance Agency on current medical home pilot projects
which they are operating for their membership population. The
director shall evaluate these programs in consultation with the Commissioner of the Bureau for Medical Services and the Director of
the Public Employees Insurance Agency for a means to expand these
beyond the populations currently being served by these pilots.
Once data is available on these pilots that can be reviewed for
planning purposes, the director shall utilize this as a means to
develop and implement additional patient-centered medical home
pilot programs beyond the limited populations served by the Bureau
for Medical Services and the Public Employee Insurance Agency. The
director shall develop four varying types of patient-centered
medical home
pilots based upon experience gained from the projects
currently in operation at the Bureau for Medical Services and the
Public Employees Insurance Agency. These patient centered medical
homes shall be based upon the individual practices of physicians.
(b) The four types of pilot programs shall be:
(1) Chronic Care Model Pilots. -- This model shall focus on
smaller physician practices. Primary care providers shall work
with payers and providers to identify various disease states.
Through the collaborative effort of the primary care provider and
the payers and providers, programs shall be developed to improve
management of agreed-upon conditions of the patient. Through this
model, the primary care provider may utilize current practices of
multipayer workgroups. These groups shall be comprised of the
medical directors of the major health care payers and the state
payers along with medical providers and others.
(2) Individual Medical Homes Pilots. -- These pilots shall
focus on larger physician practices. They shall seek certification from the National Committee on Quality Assurance. That initial
certification will be Level I certification. This would be granted
by virtue of certifying the provider is in the process of
attainting certification and currently have met provisional
standards as set by the National Committee on Quality Assurance.
This provisional certification lasts only one year with no renewal.
(3) Community-Centered Medical Home Pilots. -- This approach
shall link primary care practices with community health teams which
would grow out of the current structure in place for federally
qualified health centers. The community health teams shall include
social and mental health workers, nurse practitioners, care
coordinators and community health workers. These personnel largely
exist in community hospitals, home health agencies and other
settings. These pilots shall identify these resources as a
separate team to collaborate with the primary care practices. The
teams would focus on primary prevention such as smoking cessation
programs and wellness interventions as well as working with the
primary care practices to manage patients with multiple chronic
conditions. Within this pilot all health care agencies are
connected and share resources. Citizens can enter the system of
care from any point and receive the most appropriate level of care
or be directed to the most appropriate care. Any financial
incentives in this model would involve all health care payers and
could be used to encourage collaboration between primary care
practices and the community health teams.
(4) Medical Homes for the Uninsured Pilots. -- These pilots shall focus on medical homes to serve the uninsured. They shall
include various means of providing care to the uninsured with
primary and preventative care. Through this mechanism, a variety
of pilots may be developed that shall include screening, treatment
of chronic disease and other aspects of primary care and prevention
services. The pilots will be chosen based on their design meeting
the requirements of this subsection and the resources available to
provide these services.
§16-2L-4. Rule-making authority.
The Governor's Office of Health Enhancement and Lifestyle
Planning shall propose rules for legislative approval in accordance
with the provisions of article three, chapter twenty-nine-a of this
code as necessary to implement the provisions of this article. The
Governor's Office of Health Enhancement and Lifestyle Planning may
also promulgate emergency rules pursuant to the provisions of
section fifteen, article three, chapter twenty-nine-a of this code
if they deem them necessary.
§16-2L-5.
Guidelines for evaluation of the pilot program; report
to Legislative Oversight Commission on Health and
Human Resources Accountability.
(a) The Governor's Office of Health Enhancement and Lifestyle
Planning shall establish by guidelines, criteria to evaluate the
pilot program and may require participating providers to submit
such data and other information related to the pilot program as may
be required by the Governor's Office of Health Enhancement and Lifestyle Planning. For purposes of this article, this information
shall be exempt from disclosure under the Freedom of Information
Act in article one, chapter twenty-nine-b of this code.
(b) No later than December 1, 2009, and annually thereafter
during the operation of the pilot program, the Governor's Office of
Health Enhancement and Lifestyle Planning must submit a report to
the Legislative Oversight Commission of Health and Human Resources
Accountability as established in article twenty-nine-e of this
chapter on progress made by the pilot project including suggested
legislation, necessary changes to the pilot program and suggested
expansion of the pilot program.
ARTICLE 29H. GOVERNOR'S OFFICE OF HEALTH ENHANCEMENT AND
LIFESTYLE PLANNING.
§16-29H-1. Legislative findings.
The Legislature finds:
(1) Rising health care costs have a significant impact not
only on the citizens of the state but is also impacting the state's
ability to develop a competitive advantage in seeking new business.
Reducing this level of costs and developing new, more effective
options for reducing growth in health care spending is essential to
ensuring the health of West Virginia's citizens and to the
advancement of a well developed workforce.
(2) West Virginia spends thirteen percent more per person on
health care than the national average. Moreover, the growth in
spending in the state is higher than the national average. These rising costs have contributed to fewer employers, particularly
small employers, offering health insurance as a benefit of
employment. This is an occurrence that may further drive up health
care costs throughout the state.
(3) West Virginia is among the highest in such health care
indicators as childhood and adult obesity which provides a direct
connection to higher rates of diabetes, hypertension,
hyperlipidemia, heart disease, pulmonary disorders and comorbid
depression experienced in West Virginia. Nearly one third of the
rise in health care costs can be attributed to the rise in obesity
throughout the state and the nation. Additionally, high rates of
chronic illness represents a substantial reduction in worker
productivity.
(4) To address the concerns over rising costs, West Virginia
must change the way it pays for care, shifting the focus to primary
care and prevention. Seventy-five percent of health care spending
is associated with treatment of chronic diseases requiring on-going
medical management over time. Patients with chronic diseases,
however, only receive fifty-six percent of the clinically
recommended preventive services. This lack of preventive services
creates a seventy-five percent increase in health care spending.
(5) Health care delivery in West Virginia needs to be
modernized. This will require substantial changes in how health
care is delivered to the chronically ill, an increase in
information technology tools used for patient management, a
simplification of health care processing and a broad overhaul in our perceptions of wellness and prevention.
(6) West Virginians must be challenged to engage in a more
healthy lifestyle, they must alter the focus of their perception of
health care from one of episodic care to prevention and wellness
efforts. Equally as important is that healthcare providers must be
engaged with their patients and in the process of delivery of
health care and strive for continuous improvement of the quality of
care they provide.
(7) West Virginia must develop a health care system that is
sufficient to meet the needs of its citizens; equitable, fair and
sustainable but that is also accountable for quality, access, cost
containment and service delivery.
§16-29H-2. Definitions.
In this article:
(1)
"Advertising or marketing" means to make publically and
generally known information, paid for by sponsors through various
print or broadcast media or persons, intended to persuade consumers
to purchase products, services or ideas related to pharmaceuticals
.
(2)
"Audit" means a formal and systematic examination and
collection of information by an independent certified public
accountant necessary to attest to the fairness and accuracy of the
funds expended in a fiscal year pursuant to a prescription drug
purchasing agreement or a pharmacy benefit management contract.
(3) "Director" means the position created pursuant to section
four of this article.
(4) "Drug manufacturer" or "pharmaceutical manufacturer" means an entity engaged in: (A) The production, preparation,
propagation, compounding, conversion or processing of prescription
drug products by extraction from substances of natural origin, or
independently by means of chemical synthesis or by a combination of
extraction and chemical synthesis; or (B) in the packaging,
repackaging, labeling, relabeling or distribution of prescription
drug products. "Drug manufacturer" or "pharmaceutical
manufacturer" does not include a wholesale distributor of drugs or
a retail pharmacy licensed under state law.
(5) "Governor's Office of Health Enhancement and Lifestyle
Planning" or "office" means the office created pursuant to section
three of this article.
(6) "Health care delivery services" means any state provided
service aimed at prevention, treatment, and management of illness
and the preservation of mental and physical well-being through the
services offered by the medical and allied health professions. For
the purposes of this article, health care delivery services
includes the payment for such services by a state entity.
(7) "Health Care Delivery Service Agreements or Prescription
drug purchasing agreement" means a written agreement to pool all
parties' buying power in order to negotiate the best possible
prices.
(8) "Health Enhancement and Lifestyle Planning Advisory
Council" or "advisory council" means the Council created pursuant
to section twelve of this article.
(9) "Labeler" means an entity or person that has a labeler code from the Food and Drug Administration pursuant to 21 C. F. R.
§207.20 (1999) and receives prescription drugs from a manufacturer
or wholesaler and repackages those drugs for later retail sale.
(10) "Person" means any natural person or persons or any
corporation, partnership, company, trust or association of persons.
(11) "Prescription drugs" mean substances recognized as drugs
in the official "United States Pharmacopoeia, Official Homeopathic
Pharmacopoeia of the United States or National Formulary", or any
supplement thereto, dispensed pursuant to a prescription issued by
an authorized health care practitioner for use in the diagnosis,
cure, mitigation, treatment or prevention of disease in a human, as
well as prescription drug delivery systems, testing kits and
related supplies.
§16-29H-3. Creation of the Governor's Office of Health Enhancement
and Lifestyle Planning; duties.
(a) There is created the Governor's Office of Health
Enhancement and Lifestyle Planning. The purpose of this office is
to coordinate all state health care system reform initiatives among
executive branch agencies, departments, bureaus and offices. The
office shall be under the direct supervision of the director, who
is responsible for the exercise of the duties and powers assigned
to the office under the provisions of this article.
(b) All state agencies that have responsibility for the
development, improvement and implementation of any aspect of West
Virginia's health care system, including, but not limited to, the
Public Employees Insurance Agency, the Bureau for Senior Services, the Children's Health Insurance Program, the Health Care Authority,
the Insurance Commission, the Department of Health and Human
Resources, state colleges and universities, public hospitals, state
or local institutions such as nursing homes, veteran's homes, the
Division of Rehabilitation and public health departments, shall
cooperate with the Governor's Office of Health Enhancement and
Lifestyle Planning established for the purpose of coordinating the
health care delivery system in West Virginia for any program over
which they have authority: Provided, That no action of Governor's
Office of Health Enhancement and Lifestyle Planning shall encumber
greater than five percent of the state share of the annual funds
appropriated to any one agency or board without prior approval of
the secretary with authority over that office.
§16-29H-4. Director of the Governor's Office of Health Enhancement
and Lifestyle Planning appointment; qualifications; oath;
salary.
(a) The office is under the supervision of the director. The
director is the executive and administrative head of the office and
shall be appointed by the Governor with advice and consent of the
Senate. The director shall be qualified by training and experience
to direct the operations of the Governor's Office of Health
Enhancement and Lifestyle, and serves at the will and pleasure of
the Governor. The duties of the director include, but are not
limited to, the management and administration of the Governor's
Office of Health Enhancement and Lifestyle.
(b) The director:
(1) Serves on a full-time basis and may not be engaged in any
other profession or occupation;
(2) May not hold political office in the government of the
state either by election or appointment while serving as the
Director;
(3) Shall be a citizen of the United States and become a
resident of the state within ninety days of appointment;
(4) Is entitled to receive an annual salary as provided by the
Governor; and
(5) Is ineligible for civil service coverage as provided in
section four, article six, chapter twenty-nine of this code. Any
other employee hired by the director is also ineligible for civil
service coverage.
(c) Before entering upon the discharge of the duties as
director, the director shall take and subscribe to the oath of
office prescribed in section five, article IV of the Constitution
of West Virginia. The executed oath shall be filed in the Office
of the Secretary of State.
§16-29H-5. Director of the Governor's Office of Health Enhancement
and Lifestyle; powers and duties, hiring of staff.
(a) The director has the power and authority to:
(1) Purchase or enter into contracts or agreements as
necessary to achieve the purposes of this article;
(2) File suit;
(3) Evaluate and renegotiate existing contracts for state purchase necessary for health care delivery services, including
pharmaceuticals. In renegotiating existing contracts, the director
shall include the secretary, or his or her designee, of the
department which is the subject of the contract in all
negotiations;
(4) Negotiate and execute pharmacy benefit management
contracts for the purpose of managing rising costs for this state
and all parties which have executed prescription drug purchasing
agreements;
(5) Make recommendations to the Governor and the Legislature
regarding strategies that could more effectively make the health
care delivery system in West Virginia more timely, more
patient-centered, provide greater patient access and quality of
service and control health care costs;
(6) Assume previous duties assigned to the Pharmaceutical Cost
Management Council set forth in section eight, article three-c,
chapter five-a of this code. This shall include:
(i) To ensure disclosure by drug manufacturers and labelers
of expenditures for marketing, advertising and promotional costs in
accordance with the provisions of section fifteen of this article;
(ii) To make recommendations to the Governor and the
Legislature regarding strategies that could more effectively
control the costs of prescription drugs in West Virginia;
(iii) To issue grants to achieve the goals of this article,
including the initiation, evaluation and promotion of strategies
that may result in reduced costs of prescription drugs; and
(iv) To evaluate, develop and implement other programs,
projects and initiatives to achieve the purposes of this article,
including, but not limited to, a streamlined prior authorization
process for state insurers and patient assistance programs in their
current forms, as well as new programs such as central fill
pharmacy/bulk replenishment models.
(7) Develop and implement other programs, projects and
initiatives to achieve the purposes of this article, including
initiating, evaluating and promoting other strategies that result
in greater access to health care, assure greater quality of care
and result in reduced costs for health care delivery services to
the citizens of West Virginia, and
(8) Develop a five-year strategic plan as set forth in section
five of this article for implementation of West Virginia's health
care system reform initiatives together with recommendations for
administration, policy, legislative rules or legislation. This
plan shall be reported to the Joint Committee on Government and
Finance, the Legislative Oversight Commission on Health and Human
Resources Accountability and the Governor on or before December 31,
2009.
(b) The director shall employ such professional, clerical,
technical and administrative personnel as may be necessary to carry
out the provisions of this article.
(c) The director shall prepare and submit to the Governor and
the Legislature annual proposed appropriations for the next fiscal
year which shall include sums necessary to support the activities of the Governor's Office of Health Enhancement and Lifestyle.
(d) The director shall submit an annual report separate from
the strategic plan by January 1 of each year to the Governor and
the Legislative Oversight Commission on Health and Human Resources
Accountability on the condition, operation and functioning of the
Governor's Office of Health Enhancement and Lifestyle Planning.
(e) The director shall supervise the fiscal management and
responsibilities of the Office of Health System Improvement.
(f) The director shall keep an accurate and complete record of
all the Governor's Office of Health Enhancement and Lifestyle
proceedings, records and file all bonds and contracts and assume
responsibility for the custody and preservation of all papers and
records of the office.
(g) The director shall convene a series of focus groups, polls
and any other available research tool to determine issues of
importance to all stakeholders. The development of these survey
tools shall be done in conjunction with employers, health care
providers and consumers. Data received from this research should
be easily available to the public and utilized in the development
and design of health benefit programs. The data should also be
accessible to providers to allow them to meet the needs of the
health care market.
(h) The director may propose rules for legislative approval in
accordance with the provisions of article three, chapter
twenty-nine-a of this code to accomplish the goals and purposes of
this article.
§16-29H-6. Authorization to execute health care delivery service
agreements and prescription drug purchasing agreements.
(a) The director may execute, subject to the provisions of
subsection (b) of this section and as permitted by applicable
federal law, health care delivery service agreements and
prescription drug purchasing agreements with:
(1) All departments, agencies, authorities, institutions,
programs, quasi-public corporations and political subdivisions of
this state, including, but not limited to, the Department of Health
and Human Resources, the Public Employee's Insurance Agency, the
Children's Health Insurance Program, the Division of Corrections,
the Division of Juvenile Services, the Regional Jail and
Correctional Facility Authority, state colleges and universities,
state medical schools and the school of osteopathy, public
hospitals, state or local institutions such as nursing homes,
veterans' homes, the West Virginia State Police, the Division of
Rehabilitation, public health departments and the Bureau of Medical
Services: Provided, That any contract or agreement executed with
or on behalf of the Bureau of Medical Services shall contain all
necessary provisions to comply with the provisions of Title XIX of
the Social Security Act, 42 U. S. C. §1396, et seq., dealing with
pharmacy services offered to recipients under the medical
assistance plan of West Virginia;
(2) Governments of other states and jurisdictions and their
individual departments, agencies, authorities, institutions, programs, quasi-public corporations and political subdivisions;
(3) Regional or multistate purchasing alliances or consortia,
formed for the purpose of pooling the combined purchasing power of
the individual members in order to increase bargaining power; and
(4) Arrangements with entities in the private sector,
including, commercial insurance carriers, self-funded benefit plans
and private and not-for-profit health care organizations toward
combined purchasing of health care services, health care management
services, pharmacy benefits management services or pharmaceutical
products: Provided, That no private entity may be compelled to
participate.
(b) The advisory council created pursuant to section ten of
this article is responsible for reviewing any proposed contract
authorized by this article before it is executed by the director.
If the advisory council determines that the proposed contract meets
the requirements of this article and would assist in effectively
managing the costs for the programs involved and would not result
in jeopardizing state funds or funds due the state, it shall
recommend to the director to execute the contract.
(c) The advisory council may not recommend, and the director
may not execute, any agreement that does not effectively and
efficiently manage rising health care or drug costs on behalf of
the parties to the agreement.
(d) The advisory council may not recommend, and the director
may not execute, any agreement that grants the state's credit for
the purchase of health care services or prescription drugs by any entity other than this state.
§16-29H-7.
Audit required; reports.
(a) The director shall require an audit be conducted of any
funds expended pursuant to any health care delivery service or
prescription drug purchasing agreement or pharmacy benefit
management contract executed under the provisions of this article
for each fiscal year that the agreement or contract is in effect.
The director shall submit the audit to the Joint Committee on
Government and Finance and the Legislative Oversight Commission on
Health and Human Resources Accountability upon completion, but in
no event later than December 31 after the end of the fiscal year
subject to the audit.
(b) The director shall provide written notice to the Joint
Committee on Government and Finance prior to executing an agreement
or a contract or amending an existing contract.
§16-29H-8. Authorization to execute contracts.
The director may negotiate and execute contracts for the
purpose of managing rising health care and drug costs for this
state and all parties which have executed health care delivery
service or prescription drug purchasing agreements with the state
or any state agency, including, but not limited to, the Department
of Health and Human Resources, the Public Employees Insurance
Agency, the Children's Health Insurance Program, the Health Care
Authority, the Office of the Insurance Commissioner, the Division
of Corrections, the Division of Juvenile Services, the Regional
Jail and Correctional Facility Authority, state colleges and universities, state medical schools and the school of osteopathy,
public hospitals, state or local institutions such as nursing
homes, veterans' homes, the West Virginia State Police, the
Division of Rehabilitation, public health departments and the
Bureau of Medical Services or other programs which are providers of
services that impact health care delivery in West Virginia.
§16-29H-9. Authorization to amend existing contracts.
The director may renegotiate and amend contracts to which the
state or any state agency, including, but not limited to, the
Department of Health and Human Resources, the Public Employees
Insurance Agency, the Children's Health Insurance Program, the
Health Care Authority, the Office of the Insurance Commissioner,
the Division of Corrections, the Division of Juvenile Services, the
Regional Jail and Correctional Facility Authority, state colleges
and universities, state medical schools and the school of
osteopathy, public hospitals, state or local institutions such as
nursing homes, veterans' homes, the West Virginia State Police, the
Division of Rehabilitation, public health departments and the
Bureau of Medical Services, or other programs which have an impact
on health care delivery services in West Virginia is a party for
the purpose of managing rising health care costs.
In renegotiating
existing contracts, the director shall include the secretary, or
his or her designee, of the department which is the subject of the
contract in all negotiations.
§16-29H-10. Multistate alliances or consortia; discussion groups;
agreements.
(a) The director may
participate in a cooperative purchasing
agreement, alliance or consortium for the purchase of prescription
drugs with agencies of other states, other public bodies, or other
state agencies, if available and financially advantageous. Nothing
in this article shall prohibit the payment of any administrative
fee necessary to participate in such a cooperative purchasing
agreement, alliance, or consortium.
(b) If the director participates in any cooperative purchasing
agreement, alliance, or consortium which is comprised of at least
five million covered lives, the cooperative purchasing agreement,
alliance or consortium may employ either the federal supply
schedule or an agreed-upon pricing schedule that, in the judgment
of the advocate and the other participating entities, will maximize
savings to the broadest percentage of the population of this state:
Provided, That any pharmaceutical manufacturer that deals with such
cooperative purchasing agreements, alliances, or consortia may
request a waiver from such pricing schedule in West Virginia for a
particular drug that should be granted if the advocate finds that
the
development, production, distribution costs, other reasonable
costs and reasonable profits excluding marketing, advertising and
promotional costs not essential to bringing the product to market
are more than the schedule price of the pharmaceutical or in those
cases in which the pharmaceutical in question has a sole source
.
The director
shall determine fees to be paid by the applicant at
the time of the waiver application and proof required to be
submitted at the time of the waiver request to support the validity of the request.
§16-29H-11. Exemption from Purchasing Division requirements.
The provisions of article three, chapter five-a of this code
do not apply to the agreements and contracts executed under the
provisions of this article, except that the contracts and
agreements shall be approved as to form and conformity with
applicable law by the Attorney General.
§16-29H-12. Creation of the Health Enhancement and Lifestyle
Planning Advisory Council.
(a) The Health Enhancement and Lifestyle Planning Advisory
Council is hereby created. The advisory council is an independent,
self-sustaining council that has the powers and duties specified in
this article.
(b) The advisory council is a part-time council whose members
perform such duties as specified in this article. The ministerial
duties of the advisory council shall be administered and carried
out by the Governor's Office of Health Enhancement and Lifestyle
Planning.
(c) Each member of the advisory council shall devote the time
necessary to carry out the duties and obligations of the office.
Those members appointed by the Governor may pursue and engage in
another business or occupation or gainful employment that is not in
conflict with the duties of the advisory council.
(d) The advisory council is self-sustaining and independent,
however, it, its members, the director and employees of the
Governor's Office of Health Enhancement and Lifestyle Planning are subject to article nine-a of chapter six, chapter six-b, chapter
twenty-nine-a and chapter twenty-nine-b of this code.
§16-29H-13. Appointment of members of the Health Enhancement and
Lifestyle Planning Advisory Council; chairperson;
qualifications and eligibility; reimbursement for expenses.
(a) The advisory council is comprised of the following
governmental officials: The Secretary of the Department of Health
and Human Resources, or his or her designee, the Director of the
Public Employees Insurance Agency, or his or her designee, the
Commissioner of the Office of the Insurance Commissioner, or his or
her designee, the Chair of the West Virginia Health Care Authority,
or his or her designee. The council shall also consist of the
following public members: one public member shall represent an
organization of senior citizens with at least ten thousand members
within the state, one public member shall represent the interest of
family practice physicians or primary care physician, one public
member shall represent the West Virginia Chamber of Commerce, one
public member shall represent the largest education employee
organization in the state, one public member shall represent the
largest labor organization in the state, one public member shall
represent West Virginia Hospital Association, one public member
shall represent the West Virginia Medical Association and two ex-
officio nonvoting members shall be the Speaker of the House, or his
or her designee, and the President of the Senate, or his or her
designee.
(b) Public members shall be appointed by the Governor with advice and consent of the Senate. Each public member shall serve
for a term of four years. Of the public members of the advisory
council first appointed, one shall be appointed for a term ending
June 30, 2010, and two each for terms of three and four years.
Each public member serves until his or her successor is appointed
and has qualified. The Director of the Governor's Office of Health
Enhancement and Lifestyle Planning shall serve as chairperson of
the advisory council.
(c) Advisory Council members may not be compensated in their
capacity as members but shall be reimbursed for reasonable expenses
incurred in the performance of their duties.
§16-29H-14. Meeting requirements.
(a) The advisory council shall meet within the state at such
times as the chair may decide, but at least once annually. The
advisory council shall also meet upon a call of seven or more
members upon seventy-two hours written notice to each member.
(b) Seven members of the advisory council are a quorum for the
transaction of any business.
(c) A majority vote of the members present is required for any
final determination by the advisory council. Voting by proxy is
not allowed.
(d) The advisory council shall keep a complete and accurate
record of all its meetings according to section five, article
nine-a, chapter six of this code.
§16-29H-15. Removal of advisory council members.
Notwithstanding the provisions of section four, article six, chapter six of this code, the Governor may remove any advisory
council member for incompetence, misconduct, gross immorality,
misfeasance, malfeasance or nonfeasance in office.
§16-29H-16. General duties of the Health Enhancement Lifestyle
Advisory Council.
The advisory council has general responsibility to review and
provide advice and comment to the Governor's Office of Health
Enhancement and Lifestyle Planning on its policies and procedures
relating to the delivery of health care services or the purchase of
prescription drugs. The advisory council shall offer advice to the
Director on matters over which the office has authority and
oversight. This includes, but is not limited to:
(1) Hiring of professional, clerical, technical and
administrative personnel as may be necessary to carry out the
provisions of this article;
(2) Contracts or agreements;
(3) Rule-making authority; and
(4) Development of policy necessary to meet the duties and
responsibilities of the Governor's Office of Health Enhancement and
Lifestyle Planning pursuant to the provisions of this article.
§16-29H-17. Advertising costs; reporting of same.
(a) The rule-making authority previously granted to the
Pharmaceutical Cost Management Council in article three-c, chapter
five-a of this code to require the reporting of pharmaceutical
advertising costs is here transferred to the Governor's Office of
Health Enhancement and Lifestyle Planning.
(b) Advertising costs for prescription drugs, based on
aggregate national data, shall be reported to the Governor's Office
of Health Enhancement and Lifestyle Planning by all manufacturers
and labelers of prescription drugs dispensed in this state that
employs, directs or utilizes marketing representatives. The
reporting shall assist this state in its role as a purchaser of
prescription drugs and an administrator of prescription drug
programs, enabling this state to determine the scope of
prescription drug advertising costs and their effect on the cost,
utilization and delivery of health care services and furthering the
role of this state as guardian of the public interest.
(c) The Governor's Office of Health Enhancement and Lifestyle
Planning shall establish by legislative rule pursuant to the
provisions of article three, chapter twenty-nine-a of this code the
reporting requirements of information by labelers and manufacturers
which shall include all national aggregate expenses associated with
advertising and direct promotion of prescription drugs through
radio, television, magazines, newspapers, direct mail and telephone
communications as they pertain to residents of this state.
(d) The following are exempt from disclosure requirements:
(1) All free samples of prescription drugs intended to be
distributed to patients;
(2) All marketing items of a value less than one hundred
dollars;
(3) All payments of reasonable compensation and reimbursement
of expenses in connection with a bona fide clinical trial. As used in this subdivision, "clinical trial" means an approved clinical
trial conducted in connection with a research study designed to
answer specific questions about vaccines, new therapies or new ways
of using known treatments;
(4) All scholarship or other support for medical students,
residents and fellows to attend significant educational, scientific
or policy-making conference of national, regional or specialty
medical or other professional association if the recipient of the
scholarship or other support is selected by the association; and
(5) Any data that identifies specific prescription drugs or
pharmaceuticals by individual name, any group of individuals or
specific individual by name and any specific physician or pharmacy
or group of physicians or pharmacies by name.
(e) The Governor's Office of Health Enhancement and Lifestyle
Planning is authorized to establish time lines, the documentation,
form and manner of reporting required as he or she, with advice of
the advisory council, determines necessary to effectuate the
purpose of this article. The director shall include in the annual
report required pursuant to subsection (d) of section four of this
article, in an aggregate form, the information provided in the
required reporting.
(f) Notwithstanding any provision of law to the contrary,
information submitted to the director pursuant to this section is
confidential and is not a public record and is not available for
release pursuant to the West Virginia Freedom of Information Act
codified in chapter twenty nine-b, article one of this code. Data compiled in aggregate form by the director for the purposes of
reporting required by this section is a public record as defined in
the West Virginia Freedom of Information Act as long as it does not
reveal trade information that is protected by state or federal law
or specific prescription drugs or pharmaceuticals by individual
name, any group of individuals or specific individual by name and
any specific physician or pharmacy or group of physicians or
pharmacies by name.
§16-29H-18. State role; authority for participation by all state
agencies.
(a) For purpose of implementing this article, the state is
represented by the director and he or she has authority to
negotiate health care delivery service costs and pharmaceutical
prices to be paid by program participants. These negotiated prices
shall be available to all programs.
(b) The Department of Health and Human Resources, the Public
Employees Insurance Agency, the Children's Health Insurance
Program, the Health Care Authority, the Office of the Insurance
Commissioner, the Division of Corrections, the Division of Juvenile
Services, the Regional Jail and Correctional Facility Authority,
state colleges and universities, state medical schhols and the
school of osteopathy, public hospitals, state or local institutions
such as nursing homes, veterans' homes, the West Virginia State
Police, the Division of Rehabilitation, public health departments
and the Bureau of Medical Services or other programs which are
offer health care delivery services or are payors for prescription drugs shall have the authority to participate in any program
developed by the Governor's Office of Health Enhancement and
Lifestyle Planning.
§16-29H-19. Development of a strategic plan.
The director shall develop a five-year strategic plan for
implementation of any and all health care system reform
initiatives. These initiatives shall be included, but are not
limited to:
(1) Development of pilot projects for patient-centered medical
homes as set forth in article two-l of this chapter;
(2) Prioritization of chronic conditions to be targeted for
purposes of resource allocation and for greater chronic care
management. This should include pilot projects for community based
health teams for the development of care plans for healthy children
and adults to maintain good health and for at-risk populations to
prevent development of preventable chronic diseases;
(3) Development of a single private entity, or no more than
three regional entities, in the state to provide centralized
practitioner credentialing as set forth in article one-a, chapter
sixteen of this code;
(4) Development of standardized prior authorization
requirements and processes from insurers;
(5) Implementation of nutrition labeling in restaurants as
required by section six, article one-e, chapter five of this code;
(6) Coordination with the State Board of Education as set
forth in article two, chapter eighteen of this code to provide for:
(i) The preservation and allocation of recess time away from
instruction and separate from physical education classes in the
state schools;
(ii) Continuing education for school food personnel and a
career hierarchy for food personnel that offers rewards for
continuing education hours and credits;
(iii) School based physical education coordinators; and
(iv) Placement of a dietician in each regional education
service area throughout the state.
(7) Implementation of school based initiatives to achieve
greater dietary consistency in West Virginia's school system and to
gain greater physical fitness from students;
(8) Development of community based projects designed for the
construction, development and maintenance of bicycle and pedestrian
trails and sidewalks;
(9) Development and implementation of universal wellness and
health promotion benefits;
(10) Continued promotion and support for efforts to decrease
the number of West Virginians using tobacco products;
(11) Any necessary changes that will increase small businesses
who offer available health insurance as a benefit of employment;
(12) Development of goals to further improve health care
delivery in West Virginia. This should include a means to evaluate
progress toward achieving these goals in a simple and timely
manner;
(13) Measurement of progress of health care provider and physicians to the adoption and use of electronic medical records in
their offices;
(14) Coordination of the health information technology in
coordination with the West Virginia Health Information Network
which shall include:
(i) Working through the West Virginia Health Information
Network, as set forth in article twenty nine-g of this chapter, to
develop a single common path for health information exchange;
(ii) Facilitation and encouragement of ongoing projects such
as electronic medical record resources in community health clinics;
(iii) Encourage continued development of hospital systems and
deployment of hospital-supported electronic medical records when
available for hospital-based, hospital-employed and
nonhospital-employed physicians;
(iv) Development of strategies to implement tax incentives,
vendor discounts, enhanced reimbursement and other means to
individual physician offices and clinics to encourage greater
adoption and use of electronic medical records;
(v) Develop recommended electronic medical record best
practices utilizing the Certification Commission for Health Care
Information Technology as the minimum standard; and
(vi) Develop funding mechanisms that provide initial start-up
funds and a mechanism for sustainability of electronic medical
records that shall be managed by the West Virginia Health
Information Network.
§16-29H-20. Rulemaking.
To implement any section of this article, the Office of the
Pharmaceutical Director, in consultation with the advisory council,
shall propose rules for legislative approval in accordance with
article three, chapter twenty-nine-a of this code. This authority
shall include emergency rule-making authority pursuant to the
provisions of section fifteen, article three, chapter twenty-nine-a
of this code. These rules may include, but are not limited to:
(1) Development and implementation of patient centered medical
homes pilot projects. This rules shall include a means to evaluate
these for expansion.
(2) Development of criteria to establish a purchasing
consortium. These criteria should include, but are not limited to,
membership eligibility, which shall include state entities that are
providers of health care delivery services or are payors for
prescription drugs and may include private individuals and
commercial insurance carriers; self-funded benefit plans and
private and not-for-profit health care providers; consortium
operation and functionality and the manner and procedure for the
consortium to either bid or negotiate pricing with providers of
health care delivery services or pharmaceutical manufacturers for
obtaining lower priced pharmaceuticals;
(3) The reporting requirements of information by labelers and
manufacturers required pursuant to section fifteen of this article
which shall include all national aggregate expenses associated with
advertising and direct promotion of prescription drugs through
radio, television, magazines, newspapers, direct mail and telephone communications as they pertain to residents of this state;
(4) Development of virtual wholesale program to allow the
state to act as a pharmaceutical drug wholesaler and ensure that
prices obtained by a buying consortium operated by the director
would be made available for purchase by local pharmacies if the
pharmaceutical advocate finds it necessary;
(5) Development of a menu labeling program to post caloric
content at the point of purchase in national chains; and
(6) Other legislative rules considered necessary by the
director to carry out the duties and responsibilities prescribed to
the director or the Governor's Office of Health Enhancement and
Lifestyle Planning in this article.
§16-29H-21.
Coordination with higher education.
The director shall consult with all the colleges and
universities in the state, both public and private, with the
state's three medical schools and with community and technical
colleges. The purpose of this collaboration would be:
(1) The development of curricula focused on a chronic care
model to reflect the multidisciplinary team approach to the
delivery of health care services in West Virginia as contemplated
by the development of a patient centered medical home as that term
is defined in section two, article two-j of this chapter; and
(2) The development of technology centered jobs that would
further the state's efforts in moving toward the broader use of
electronic health records.
NOTE: The purpose of this bill is establish pilot projects to
operate various types of patient centered medical homes throughout
the state. This bill was recommended for passage during the 2009
Regular Session by Select Committee D on Health.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§16-2L is new; therefore, strike-throughs and underscoring
have been omitted; §16-29H-6 through 22 are new; therefore, strike-
throughs and underscoring have been omitted.
Articles §16-29H-1 through 5 has been substantially rewritten;
therefore, strike-throughs and underscoring have been omitted.