West Virginia Code 16-29D-1 – Legislative findings; legislative purpose
(a) The Legislature hereby finds as follows:
Terms Used In West Virginia Code 16-29D-1
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
(1) That a significant and ever-increasing amount of the state's financial resources are required to assure that the citizens of the state who are reliant on the state for the provision of health care services and payment thereof receive such, whether through the Public Employees Insurance Agency, the state Medicaid program, the workers' compensation fund, the Division of Rehabilitation Services or otherwise;
(2) That the state has been unable to timely pay for such health care services;
(3) That the Public Employees Insurance Agency and the state Medicaid program face serious financial difficulties in terms of decreasing amounts of available federal or state dollars by which to fund their respective programs and in paying debts presently owed;
(4) That, in order to alleviate such situation and to assure such health care services, in addition to adequate funding of such programs, the state must effect cost savings in the provision of such health care;
(5) That it is in the best interest of the state and the citizens thereof that the various state departments and divisions involved in such provision of health care and the payment thereof cooperate in the effecting of cost savings; and
(6) That the health and well-being of all state citizens, and particularly those whose health care is provided or paid for by the Public Employees Insurance Agency, the state Medicaid program, the workers' compensation fund and the Division of Rehabilitation Services, are of primary concern to the state.
(b) This article is enacted to provide a framework within which the departments and divisions of state government can cooperate to effect cost savings for the provision of health care services and the payment thereof. It is the purpose of the Legislature to encourage the long-term, well-planned development of fair, equitable and cost-effective systems for all health care providers paid or reimbursed by the Public Employees Insurance Agency, the state Medicaid program, the workers' compensation fund or the Division of Rehabilitation Services.