W. Va. Code R. § 65-22-2
This rule addresses a problem identified in the report prepared by the Health Care Cost Review Authority pursuant to the provisions of W. Va. Code '16-29B-19a relating to border hospital and discount contracts. This rule is intended to allow border hospitals seeking approval of proposed discount contracts pursuant to W. Va. Code '16-29B-20 to obtain temporary approval subject to retroactive review by the Authority, upon the filing of certain information with the Authority as set forth in this rule and under certain limited circumstances as set forth in this rule. The report prepared by the Health Care Cost Review Authority pursuant to W. Va. Code '16-29B-19a indicated that certain border hospitals may face a loss of patients to nearby out-of-state hospitals which are not regulated regarding discount contracts, such that out-of-state hospitals may immediately implement discount contracts. Out-of-state hospitals may obtain a competitive advantage over border hospitals by having access to the information submitted to the Authority related to discount contracts for border hospitals in certain circumstances in which the border hospital could not obtain similar information for out-of-state hospitals which are not regulated regarding discount contracts. This rule is intended to prevent border hospitals in a limited geographic area from being at a competitive disadvantage to out-of-state hospitals due to the necessity of obtaining approval from the Authority of discount contracts with the rate application under W. Va. Code '16-29B-20. This rule is intended to allow border hospitals to temporarily obtain approval of discount contracts, subject to retroactive approval by the Authority in accordance with W. Va. Code '16-29B-20.
W. Va. Code R. § 65-22-2