(a) The powers, duties, and responsibilities of the commission shall include the following:

Terms Used In West Virginia Code 16-29E-5

  • Agency: means those various agencies, authorities, boards, committees, commissions, or departments of the Department of Health and Human Resources with authority to promulgate legislative rules pursuant to this chapter that regulate health care providers, practitioners, or consumers. See West Virginia Code 16-29E-3
  • Commission: means the Legislative Oversight Commission on Health and Human Resources Accountability. See West Virginia Code 16-29E-3
  • Department: means the Department of Health and Human Resources, and any successor agencies. See West Virginia Code 16-29E-3
  • 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) Make a continuing investigation, study and review of the practices, policies and procedures of the health care and social services agencies in this state;

(2) Make a continuing investigation, study and review of all matters related to health and social policy in the state;

(3) Review program development by the various agencies of the Department of Health and Human Resources;

(4) Conduct studies on health and human services;

(5) Review and study the state Medicaid program in order to determine if the state Medicaid agency, as the payor of last resort, is expending maximum effort to identify alternate private insurance resources for Medicaid beneficiaries;

(6) Review and study the feasibility and financial impact upon the state by ensuring increased access for Medicaid beneficiaries to primary health care in the nonhospital setting by requiring enrollment in a primary care clinic program, if available;

(7) Review and study the feasibility and financial impact upon the state of the establishment of different and lesser schedules of payment for primary health services delivered by a hospital emergency room as compared to the schedule of payments for emergency room services of a true medical emergency nature;

(8) Evaluation of the adequacy and availability of care delivery networks throughout the heath care continuum from primary care to postmortem settings; and

(9) Make a continuing investigation, study, and review of all matters related to any area of concern that exists within the Department of Health and Human Resources, and any successor agencies, including, but not limited to, financial, administrative, programmatic, and systemic issues.  

(b) The commission shall make annual reports to the Legislature regarding the results of all investigations, studies and reviews pursuant to § 16-29E-7 of this code.