West Virginia Code § 9-5-16

Medicaid program; legislative purpose; health care provider
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reimbursement study by department; hearings; report.
(a) It is the purpose of the Legislature in enacting this section to encourage the long-term
well planned development of fair and equitable reimbursement methodologies and systems
for all health care providers reimbursed under the Medicaid program in its entirety, and to
ensure that reimbursement for services of all such health care providers is deetermined
without undue discrimination or preference and with full consideration of adequate and
reasonable compensation to such health care providers for the costs ofr providing such
services.
(b) In order that the Legislature become better informed as to these matters, and
appropriately appraise and balance the interests among all stuch health care providers and
between all such health care providers and the interests of all the state's citizenry, the
Legislature hereby directs the commissioner of the department of human services to
identify, explore, study and consider the potential benefits and risks associated with the
adoption of alternative and emerging and state-of-the-art concepts in reimbursement
methodology for such health care providers. s
(c) Toward this end, the commissioner shall conduct inquiries and hold hearings in order to
provide all health care providers andg other interested persons the opportunity to comment.
In carrying out the provisions of this section, the commissioner shall have jurisdiction over
such persons, whether such heealth care providers or not, as may be in the opinion of the
commissioner necessary to the exercise of the mandate set forth in this section, and may
compel attendance befoLre the department, take testimony under oath and compel the
production of papers or other documents. Upon reasonable requests by the commissioner,
all other state agencies shall cooperate in carrying out the provisions of this section.
(d) The commissioner shall make monthly reports to the Joint Committee on Government and
Finance, created by article three, chapter four of this code, or a subcommittee designated by
theW Joint Committee, and at the completion of such identification, exploration, study and
consideration, present to the Joint Committee or its subcommittee, no later than December
1, 1988, a summary report which shall set forth all activities pursuant to the mandate of the
Legislature as set forth herein, any policy decisions reached and initiatives undertaken and
findings and conclusions as well as any recommendations for legislation. The commissioner
shall also make such full report to the Legislature no later than the first day of the 1989
regular session of the Legislature.
(e) Nothing in this section shall be construed to give the Legislature any jurisdiction over the
Medicaid program or its operations.

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