West Virginia Code § 9-5-33

Managed care organization contracts exempt from purchasing
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requirements; providing for exceptions.
(a) Notwithstanding any other provision to the contrary, the Bureau for Medical Services is
exempt from all requirements of the Purchasing Division, authorized under §5A-3-1 et seq. of
this code, with respect to managed care contracts: Provided, That for purposes of continuity
of care, the Bureau for Medical Services may not: e
(1) Disrupt existing WV Medicaid and WV Children's Health Insurance Plan enrollment
within an existing managed care organization as part of any such purchasing exemption; or
(2) Redistribute or reassign membership of an existing managed care organization to any
new, qualifying managed care entrant as part of any contract awarded pursuant to such
exemption.
The Bureau for Medical Services shall integrate any and all new and qualifying managed
care entrants into the state's auto-assignment logicl for new members and shall publicize any
eligible managed care organization for purposses of self-selection by the member. No plan
shall have preferential assignment of new members and each plan will be assigned equally.
(b) The Bureau for Medical Services is not exempt from the requirements of the Purchasing
Division, authorized under §5A-3-1 et seq. of this code, when soliciting a procurement for
specialized populations, to include, but not be limited to, foster care.

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