Current through Register Vol. XLI, No. 45, November 8, 2024
Section 65-22-7 - Protective Orders7.1. Upon the filing of a rate application by a hospital which includes information regarding discount contracts which have been previously temporarily approved by the Authority under the provisions of this rule, the information related to the discount contracts are subject to public disclosure as a public record unless and until such time as the hospital obtains a protective order for good cause shown in accordance with this section.7.2. In order to obtain a protective order under this section, a hospital must file a written request verified under oath establishing that the hospital cannot remain competitive with nearby out-of-state hospitals without maintaining the confidentiality of the discount contracts, that the hospital is at risk of losing a significant volume of patients if the discount contract is disclosed, and that good cause exists for the entry of a protective order in accordance with this section. The Authority may issue a protective order if it determines that the foregoing requirements have been met by the hospital.7.3. Upon the entry of a protective order, discount contracts will be made available by the Authority only to affected parties in any administrative proceeding arising out of this rule or out of the regular rate review procedure as set forth in W. Va. Code ''16-29B-20 and 21, upon a showing of good cause by the affected parties. In determining if good cause exists, the Authority shall take into consideration the competitive disadvantage to border hospitals this rule is intended to avoid. Upon a showing of good cause, the discount contracts shall be provided to affected parties only after ten (10) days advance written notice to all parties signatory to the discount contract. Upon the entry of a protective order, no information from the discount contracts shall be used or disclosed by any affected party who is provided the information for any purpose other than the purpose of preparing for the administrative proceeding pursuant to this rule or the regular rate review procedures set forth in W. Va. Code ''16-29B-20 and 21.7.4. Each affected party who seeks to obtain a copy of the discount contract subject to a protective order shall first execute in writing the following certification and file it with the Authority: "I certify my understanding that the discount contract made available and/or provided to me is subject to the terms and provisions relating to discount contracts in the protective order issued by the Authority, and that I am bound by those terms. I recognize that I may not disclose the contents of the discount contracts except under the conditions set forth in the protective order and I certify that any disclosure will be so limited. I recognize that duplication of any portion of the discount contract or other disclosure not permitted under the protective order constitutes a violation of the protective order. I shall take precautions reasonably calculated to keep the protected materials secure and confidential."
The original of each certificate shall be maintained by the Authority and a copy of each written certificate shall be provided to the border hospital and any other signatory to the discount contract. Any person who has executed the certification shall continue to be bound by the provisions of the protective order, even if the person ceases to be engaged in the proceeding.
7.5. Affected parties who may be entitled to access to the discount contracts under the protective order shall not make photocopies, shall not disclose the information regarding contracts for any other purpose other than the purpose of preparing for the administrative proceeding pursuant to this rule or the regular rate review procedures set forth in W. Va. Code ''16-29B-20 and 21, and shall take precautions reasonably calculated to keep the protected materials secure and confidential in accordance with the purposes and intent of this rule.