32.1-276.8 - Fees for processing, verification, and dissemination of data.
§ 32.1-276.8. Fees for processing, verification, and dissemination of data.
A. The Board shall prescribe a reasonable fee for each affected health careprovider to cover the costs of the reasonable expenses of establishing andadministering the methodology developed pursuant to § 32.1-276.7. The paymentof such fees shall be at such time as the Board designates. The Board mayassess a late charge on any fees paid after their due date.
In addition, the Board shall prescribe a tiered-fee structure based on thenumber of enrollees for each health maintenance organization to cover thecosts of collecting and making available such data. Such fees shall notexceed $3,000 for each health maintenance organization required to provideinformation pursuant to this chapter. The payment of such fees shall also beat such time as the Board designates. The Board may also assess a late chargeon any fees paid by health maintenance organizations after their due dates.
B. Except for the fees assessed pursuant to subsection A, the nonprofitorganization providing services pursuant to an agreement or contract asprovided in § 32.1-276.4 shall not assess any fee against any health careprovider that submits data under this chapter that is processed, verified,and timely in accordance with standards established by the Board. The Boardshall establish penalties for submission of data in a manner that isinconsistent with such standards.
C. State agencies shall not be assessed fees for the submission of patientlevel data required by subsection C of § 32.1-276.6. Individual employers,insurers, and other organizations may voluntarily provide the nonprofitorganization with outpatient data for processing, storage, and comparativeanalysis and shall be subject to fees negotiated with and charged by thenonprofit organization for services provided.
D. The nonprofit organization providing services pursuant to an agreement orcontract with the Commissioner of Health shall be authorized to charge andcollect reasonable fees for the dissemination of patient level data andHealth Employer Data and Information Set (HEDIS) data or other approvedquality of care or performance information set data; however, theCommissioner of Health, the State Corporation Commission, and theCommissioner of Behavioral Health and Developmental Services shall beentitled to receive relevant and appropriate data from the nonprofitorganization at no charge.
E. The Board shall (i) maintain records of its activities; (ii) collect andaccount for all fees and deposit the moneys so collected into a special fundfrom which the expenses attributed to this chapter shall be paid; and (iii)enforce all regulations promulgated by it pursuant to this chapter.
(1996, c. 902; 1999, c. 764; 2000, c. 897; 2001, c. 341; 2003, c. 472; 2009,cc. 813, 840.)