The bill amends section 16-29B-28 of the Code of West Virginia to enhance the regulation of cooperative agreements among hospitals and healthcare providers. It updates key definitions by removing terms such as "qualified hospital," "academic medical center," and "teaching hospital," while introducing new definitions for "hospital" and "person." The legislation emphasizes the role of cooperative agreements in improving medical education and healthcare access while preventing anti-competitive practices. The Health Care Authority is empowered to review, approve, or deny these agreements, ensuring they align with state healthcare objectives. The bill also establishes procedures for hospitals to submit detailed applications, mandates public notifications and comments, and requires the authority to assess the potential benefits and drawbacks of proposed agreements.

Additionally, the bill sets forth a framework for the regulation and approval of cooperative agreements, particularly those involving mergers or acquisitions. It allows the authority to enforce its decisions in circuit court and monitor compliance with the agreements. Hospitals are required to submit proposed rate increases and reimbursement agreements to the West Virginia Attorney General for review. A notable provision mandates that hospitals that have merged or acquired another hospital since January 1, 2017, must file a cooperative agreement by January 1, 2026, to mitigate antitrust risks. The bill also stipulates that no billing for services related to cooperative agreements can occur until the authority grants approval, and any party terminating its participation must notify the authority within thirty days.

Statutes affected:
Introduced Version: 26-12-1, 26-12-2, 26-12-3, 26-12-4, 26-12-5, 26-12-6, 26-12-7, 26-12-8, 26-12-9, 26-12-10, 26-12-11, 26-12-12
Committee Substitute: 16-29B-28