West Virginia 2023 Regular Session

West Virginia Senate Bill SB241

Introduced
1/16/23  
Refer
1/16/23  
Report Pass
1/25/23  
Engrossed
1/30/23  
Refer
1/31/23  
Refer
1/31/23  
Enrolled
2/9/23  
Passed
2/20/23  

Caption

Patient Brokering Act

Impact

If enacted, SB241 will amend the Code of West Virginia, introducing stringent penalties for violations related to patient brokering. Individuals found guilty of engaging in these prohibited practices face felony charges, with fines reaching up to $100,000 and prison sentences of up to five years for serious offenses involving multiple patients. Additionally, the bill establishes a mandate for the Office of the Inspector General to create a complaint submission tool to facilitate reporting of suspected patient brokering activities, thus enhancing transparency in the healthcare system.

Summary

Senate Bill 241, also known as the Patient Brokering Act, aims to significantly strengthen regulations regarding patient brokering activities in West Virginia. The bill defines various unlawful practices related to the referral and acceptance of patients by healthcare providers and facilities. Specifically, it prohibits any person or healthcare provider from offering or receiving commissions, benefits, or any form of bribes to influence patient referrals. This provision aims to eliminate unethical practices in patient referrals, ultimately safeguarding patient interests and promoting fair competition within the healthcare arena.

Sentiment

The sentiment surrounding SB241 appears positive among lawmakers, as it passed with overwhelming support, evidenced by a unanimous vote (32-0). Proponents view this legislation as a crucial step forward in eliminating corrupt practices that can negatively affect patient care and healthcare system integrity. The enthusiastic backing from elected officials suggests a strong consensus that the current patient referral landscape necessitates greater oversight and accountability.

Contention

One noticeable point of contention may be the implications of increased regulation on healthcare providers, especially smaller or independent facilities that might struggle under the weight of compliance costs. While the aim of SB241 is to enhance patient protections, concerns could arise regarding its impact on the operational dynamics of healthcare businesses. There may also be discussions around how effectively the complaint submission tool can address issues of patient brokering without imposing excessive burdens on healthcare facilities.

Companion Bills

WV HB2544

Similar To Make investigation and enforcement of the Patient Brokering Act the responsibility of OHFLAC

Previously Filed As

WV HB2544

Make investigation and enforcement of the Patient Brokering Act the responsibility of OHFLAC

WV H7014

General Regulatory Provisions - Patient Brokering Act

WV H5077

General Regulatory Provisions - Patient Brokering Act

WV H5107

Prohibits the practice of patient brokering and would provide monetary penalties and enforcement by the office of the attorney general.

WV H7142

Prohibits the practice of patient brokering and would provide monetary penalties and enforcement by the office of the attorney general.

WV SB739

Relating to recovery residences

WV SB475

Relating to recovery residences

WV SB1290

Substance abuse disorder treatment.

WV SF3060

Minnesota Recovery Residence Certification Act

WV HF3112

Minnesota Recovery Residence Certification Act; certification system for recovery residences established, housing support eligibility and regulations modified, criminal penalties established, and money appropriated.

Similar Bills

No similar bills found.