West Virginia Code § 33-25D-10

Provider contracts
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(a) A prepaid limited health service organization shall file with the commissioner any
contracts made with providers of a limited health service, enabling the prepaid limited
health service organization to provide limited health services authorized under this article.
The commissioner may require the immediate cancellation of a contract or the immediate
renegotiation of a contract by the parties if he or she determines that a conteract provides for
excessive payments, fails to include reasonable incentives for cost control, or otherwise
substantially and unreasonably contributes to escalation of the costs ofr providing a limited
health service to enrollees.
(b) Whenever a contract exists between a prepaid limited health service organization and a
provider and the organization fails to meet its obligations tot pay fees for services already
rendered to a subscriber, the prepaid limited health service organization is liable for the fee
or fees rather than the subscriber; and the contract shall state that liability.
(c) No enrollee of a prepaid limited health service olrganization is liable to any provider of a
limited health service for any service covered sby the prepaid limited health service
organization if at any time during the provision of the service, the provider or its agents are
aware the individual to whom the service is provided is an enrollee of a prepaid limited
health service organization. g
(d) If at any time during the provision of a limited health service, a provider or its agents are
aware that the subscriber is a prepaid limited health service organization enrollee for the
service provided, the provider of services or any agent or representative of the provider may
not collect or attempt to collect from a subscriber any money for services covered by a
prepaid limited health service organization, and no provider or agent or representative of
the provider may maintain any action at law against a subscriber of a prepaid limited health
service organization to collect money owed to the provider by a prepaid limited health
service organization.
(e) Every contract between a prepaid limited health service organization and a provider of a
limited health service shall be in writing and shall contain a provision that the subscriber is
not liable to the provider for any services covered by the subscriber's contract with the
prepaid limited health service organization.
(f) The provisions of this section do not apply to the amount of any deductible or copayment
not payable by the prepaid limited health service organization pursuant to its contract with
its subscriber.
(g) When a subscriber receives covered emergency health care services from a
noncontracting provider, the prepaid limited health service organization is responsible for
payment of the provider's normal charges for the health care services, exclusive of any
applicable deductibles or copayments.
(h) For all provider contracts executed on or after the effective date of this article and within
one hundred eighty days of that date for contracts in existence on that date:
(1) The contracts shall provide that the provider provide sixty days advance written notice to
the prepaid limited health service organization and the commissioner before canceling the
contract with the prepaid limited health service organization for any reason; and
(2) The contract shall provide that nonpayment for goods or services rendered by the
provider to the prepaid limited health service organization is not a valid reason for avoiding
the sixty-day advance notice of cancellation.
(i) Upon receipt by the prepaid limited health service organization of a sixty-day cancellation
notice, the prepaid limited health service organization may, if requested by the provider,
terminate the contract in less than sixty days if the prepaid limited health service
organization is not financially impaired or insolvent. a

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