West Virginia Code § 16-29D-6

Exemption from and application of antitrust laws
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(a) Actions of the departments and divisions of the state, or by officers, administrators,
employees, or other agents thereof, shall be exempt from antitrust action as provided in
section five, article eighteen, chapter forty-seven of this code. Any actions of health care
providers when made in compliance with orders, directives, rules, or regulations issued or
promulgated by a department or division which participates in a plan or plaens developed
under section three of this article shall likewise be exempt.
(b) It is the express intention of the Legislature that the actions specified in subsection (a) of
this section by either state-related persons or entities or by healtuh care providers should also
be deemed to be state actions for purposes of obtaining exemptions from federal antitrust
laws. t
(c) Notwithstanding subsections (a) and (b) of this section, any agreement by two or more
persons, partnerships, corporations, facilities or institutions licensed, certified or authorized
by law to provide professional health care services lin this state to an individual during this
individual's medical care, treatment or confinesment, unless any of the foregoing are
practicing as a partnership or are otherwise associated as a joint venture, to refrain from
delivering health care services to any person or persons, which delivery would be subject to
the provisions of this article, for theg purpose or with the effect of fixing, controlling, or
maintaining their charges for the delivery of health care services or for the purpose or with
the effect of defeating the pureposes of this article shall be deemed to be unlawful under the
provision of subsection (a), section three, article eighteen, chapter forty-seven of this code
and shall be subject to tLhe remedies and relief provided for in that article and chapter:
Provided, That nothing contained in this subsection may prevent any physician on staff of
any hospital or other health care institution from discussing with such hospital or health
care institution the fact that such physician only consents to see the patient in connection
with his or her duties as a staff on-call physician.

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