{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-276.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-276.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-276.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-276.4.html"}],"law_id":56739,"edition_id":1,"section_id":56739,"structure_id":14841,"section_number":"32.1-276.4","catch_line":"Agreements for certain data services","history":"1996, c. 902; 2000, c. 897; 2006, c. 426; 2010, c. 416; 2012, cc. 693, 709.","full_text":"A\n\nThe Commissioner shall negotiate and enter into contracts or agreements with a nonprofit organization for the compilation, storage, analysis, and evaluation of data submitted by health care providers pursuant to this chapter; for the operation of the All-Payer Claims Database pursuant to § 32.1-276.7:1; and for the development and administration of a methodology for the measurement and review of the efficiency and productivity of health care providers. Such nonprofit organization shall be governed by a board of directors composed of representatives of state government, including the Commissioner, representatives of the Department of Medical Assistance Services and the Bureau of Insurance, health plans and health insurance issuers, and the consumer, health care provider, and business communities. Of the health care provider representatives, there shall be an equal number of hospital, nursing home, physician, and health plan representatives. The articles of incorporation of such nonprofit organization shall require the nomination of such board members by organizations and associations representing those categories of persons specified for representation on the board of directors.B\n\nIn addition to providing for the compilation, storage, analysis, and evaluation services described in subsection A, any contract or agreement with a nonprofit, tax-exempt health data organization made pursuant to this section shall require the board of directors of such organization to:1\n\nDevelop and disseminate other health care quality and efficiency information designed to assist businesses and consumers in purchasing health care and long-term care services;2\n\nPrepare and make public summaries, compilations, or other supplementary reports based on the data provided pursuant to this chapter;3\n\nCollect, compile, and publish Health Employer Data and Information Set (HEDIS) information or reports or other quality of care or performance information sets approved by the Board, pursuant to § 32.1-276.5, and submitted by health maintenance organizations or other health care plans;4\n\nJointly determine with the Board of Medicine any data concerning safety services and quality health care services rendered by physicians to Medicaid recipients that should be identified, collected, and disseminated. The board of directors shall further determine jointly with the Board of Medicine the costs of requiring physicians to identify, submit, or collect such information and identify sufficient funding sources to appropriate to physicians for the collection of the same. No physician shall be required to collect or submit safety and quality of health care services information that is already identified, collected, or submitted under this chapter; or for which funds for collection are not appropriated;5\n\nMaintain the confidentiality and security of data as set forth in §§ 32.1-276.7:1 and 32.1-276.9;6\n\nSubmit a report to the Board, the Governor, and the General Assembly no later than October 1 of each year for the preceding fiscal year. Such report shall include a certified audit, including an analysis of the efficacy and value of the All-Payer Claims Database, and provide information on the accomplishments, priorities, and current and planned activities of the nonprofit organization;7\n\nSubmit, as appropriate, strategic plans to the Board, the Governor, and the General Assembly recommending specific data projects to be undertaken and specifying data elements for collection under this chapter. In developing strategic plans, the nonprofit organization shall incorporate similar activities of other public and private entities to maximize the quality of data projects and to minimize the cost and duplication of data projects. In its strategic plans, the nonprofit organization shall also evaluate the continued need for and efficacy of current data initiatives, including the use of patient level data for public health purposes. The approval of the General Assembly shall be required prior to the implementation of any recommendations set forth in a strategic plan submitted pursuant to this section;8\n\nCompetitively bid or competitively negotiate all aspects of all data projects, if feasible; and9\n\nFulfill all funded requirements set forth for the nonprofit organization in this chapter.C\n\nThe Department shall take steps to increase public awareness of the data and information available through the nonprofit organization’s website and how consumers can use the data and information when making decisions about health care providers and services.D\n\nExcept as provided in subdivision A 2 of § 2.2-4345, the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the activities of the Commissioner authorized by this section. Funding for services provided pursuant to any such contract or agreement shall come from general appropriations and from fees determined pursuant to § 32.1-276.8 and from such fees and other public and private funding sources as may be authorized by this chapter.","order_by":null,"text":{"0":{"id":207576,"text":"The Commissioner shall negotiate and enter into contracts or agreements with a nonprofit organization for the compilation, storage, analysis, and evaluation of data submitted by health care providers pursuant to this chapter; for the operation of the All-Payer Claims Database pursuant to § 32.1-276.7:1; and for the development and administration of a methodology for the measurement and review of the efficiency and productivity of health care providers. Such nonprofit organization shall be governed by a board of directors composed of representatives of state government, including the Commissioner, representatives of the Department of Medical Assistance Services and the Bureau of Insurance, health plans and health insurance issuers, and the consumer, health care provider, and business communities. Of the health care provider representatives, there shall be an equal number of hospital, nursing home, physician, and health plan representatives. The articles of incorporation of such nonprofit organization shall require the nomination of such board members by organizations and associations representing those categories of persons specified for representation on the board of directors.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":207577,"text":"In addition to providing for the compilation, storage, analysis, and evaluation services described in subsection A, any contract or agreement with a nonprofit, tax-exempt health data organization made pursuant to this section shall require the board of directors of such organization to:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":207578,"text":"Develop and disseminate other health care quality and efficiency information designed to assist businesses and consumers in purchasing health care and long-term care services;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":207579,"text":"Prepare and make public summaries, compilations, or other supplementary reports based on the data provided pursuant to this chapter;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":207580,"text":"Collect, compile, and publish Health Employer Data and Information Set (HEDIS) information or reports or other quality of care or performance information sets approved by the Board, pursuant to § 32.1-276.5, and submitted by health maintenance organizations or other health care plans;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":207581,"text":"Jointly determine with the Board of Medicine any data concerning safety services and quality health care services rendered by physicians to Medicaid recipients that should be identified, collected, and disseminated. The board of directors shall further determine jointly with the Board of Medicine the costs of requiring physicians to identify, submit, or collect such information and identify sufficient funding sources to appropriate to physicians for the collection of the same. No physician shall be required to collect or submit safety and quality of health care services information that is already identified, collected, or submitted under this chapter; or for which funds for collection are not appropriated;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":207582,"text":"Maintain the confidentiality and security of data as set forth in §§ 32.1-276.7:1 and 32.1-276.9;","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":207583,"text":"Submit a report to the Board, the Governor, and the General Assembly no later than October 1 of each year for the preceding fiscal year. Such report shall include a certified audit, including an analysis of the efficacy and value of the All-Payer Claims Database, and provide information on the accomplishments, priorities, and current and planned activities of the nonprofit organization;","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"B7"},"8":{"id":207584,"text":"Submit, as appropriate, strategic plans to the Board, the Governor, and the General Assembly recommending specific data projects to be undertaken and specifying data elements for collection under this chapter. In developing strategic plans, the nonprofit organization shall incorporate similar activities of other public and private entities to maximize the quality of data projects and to minimize the cost and duplication of data projects. In its strategic plans, the nonprofit organization shall also evaluate the continued need for and efficacy of current data initiatives, including the use of patient level data for public health purposes. The approval of the General Assembly shall be required prior to the implementation of any recommendations set forth in a strategic plan submitted pursuant to this section;","type":"section","prefixes":["B","7"],"prefix":"7","entire_prefix":"B7","prefix_anchor":"B7","level":2,"prior_prefix":"B6","next_prefix":"B8"},"9":{"id":207585,"text":"Competitively bid or competitively negotiate all aspects of all data projects, if feasible; and","type":"section","prefixes":["B","8"],"prefix":"8","entire_prefix":"B8","prefix_anchor":"B8","level":2,"prior_prefix":"B7","next_prefix":"B9"},"10":{"id":207586,"text":"Fulfill all funded requirements set forth for the nonprofit organization in this chapter.","type":"section","prefixes":["B","9"],"prefix":"9","entire_prefix":"B9","prefix_anchor":"B9","level":2,"prior_prefix":"B8","next_prefix":"C"},"11":{"id":207587,"text":"The Department shall take steps to increase public awareness of the data and information available through the nonprofit organization’s website and how consumers can use the data and information when making decisions about health care providers and services.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B9","next_prefix":"D"},"12":{"id":207588,"text":"Except as provided in subdivision A 2 of § 2.2-4345, the provisions of the Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to the activities of the Commissioner authorized by this section. Funding for services provided pursuant to any such contract or agreement shall come from general appropriations and from fees determined pursuant to § 32.1-276.8 and from such fees and other public and private funding sources as may be authorized by this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14841,"edition_id":1,"name":"Health Care Data Reporting","identifier":"7.2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:50:19","date_modified":"2026-06-26 03:50:19","permalink":{"id":204329,"object_type":"structure","relational_id":14841,"identifier":"7.2","token":"32.1\/7.2","url":"\/32.1\/7.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79337,"structure_id":14841,"section_number":"32.1-276.10","catch_line":"Chapter and actions thereunder not to be construed as approval of charges or costs","url":"\/32.1-276.10\/","token":"32.1\/7.2\/32.1-276.10","metadata":false},{"id":68729,"structure_id":14841,"section_number":"32.1-276.11","catch_line":"Violations","url":"\/32.1-276.11\/","token":"32.1\/7.2\/32.1-276.11","metadata":false},{"id":71744,"structure_id":14841,"section_number":"32.1-276.2","catch_line":"Health care data reporting; purpose","url":"\/32.1-276.2\/","token":"32.1\/7.2\/32.1-276.2","metadata":false},{"id":67276,"structure_id":14841,"section_number":"32.1-276.3","catch_line":"Definitions","url":"\/32.1-276.3\/","token":"32.1\/7.2\/32.1-276.3","metadata":false},{"id":56739,"structure_id":14841,"section_number":"32.1-276.4","catch_line":"Agreements for certain data services","url":"\/32.1-276.4\/","token":"32.1\/7.2\/32.1-276.4","metadata":false},{"id":84829,"structure_id":14841,"section_number":"32.1-276.5","catch_line":"Providers to submit data; civil penalty","url":"\/32.1-276.5\/","token":"32.1\/7.2\/32.1-276.5","metadata":false},{"id":62565,"structure_id":14841,"section_number":"32.1-276.5:1","catch_line":"Repealed","url":"\/32.1-276.5_1\/","token":"32.1\/7.2\/32.1-276.5_1","metadata":false},{"id":77566,"structure_id":14841,"section_number":"32.1-276.6","catch_line":"Patient level data system continued; reporting requirements","url":"\/32.1-276.6\/","token":"32.1\/7.2\/32.1-276.6","metadata":false},{"id":67668,"structure_id":14841,"section_number":"32.1-276.7","catch_line":"Methodology to review and measure the efficiency and productivity of health care providers","url":"\/32.1-276.7\/","token":"32.1\/7.2\/32.1-276.7","metadata":false},{"id":85887,"structure_id":14841,"section_number":"32.1-276.7:1","catch_line":"All-Payer Claims Database created; purpose; reporting requirements","url":"\/32.1-276.7_1\/","token":"32.1\/7.2\/32.1-276.7_1","metadata":false},{"id":73124,"structure_id":14841,"section_number":"32.1-276.8","catch_line":"Fees for processing, verification, and dissemination of data","url":"\/32.1-276.8\/","token":"32.1\/7.2\/32.1-276.8","metadata":false},{"id":80143,"structure_id":14841,"section_number":"32.1-276.9","catch_line":"Confidentiality, subsequent release of data and relief from liability for reporting; penalty for wrongful disclosure; individual action for damages","url":"\/32.1-276.9\/","token":"32.1\/7.2\/32.1-276.9","metadata":false},{"id":81074,"structure_id":14841,"section_number":"32.1-276.9:1","catch_line":"Health information needs related to reform; work group","url":"\/32.1-276.9_1\/","token":"32.1\/7.2\/32.1-276.9_1","metadata":false}],"previous_section":{"id":67276,"structure_id":14841,"section_number":"32.1-276.3","catch_line":"Definitions","url":"\/32.1-276.3\/","token":"32.1\/7.2\/32.1-276.3","metadata":false},"next_section":{"id":84829,"structure_id":14841,"section_number":"32.1-276.5","catch_line":"Providers to submit data; civil penalty","url":"\/32.1-276.5\/","token":"32.1\/7.2\/32.1-276.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-276.4\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapter 902<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapter 897<\/a>; in 2006, chapter 426<\/a>; in 2010, chapter 416<\/a>; in 2012, chapters 693<\/a> and 709<\/a>.<\/p>","references":[{"id":80169,"section_number":"32.1-137.09","catch_line":"Hospital emergency department CPT code data reporting","order_by":null,"url":"\/32.1-137.09\/"},{"id":74118,"section_number":"32.1-137.6","catch_line":"Complaint system","order_by":null,"url":"\/32.1-137.6\/"},{"id":72225,"section_number":"32.1-23.4","catch_line":"Prescription drug price transparency; civil penalty","order_by":null,"url":"\/32.1-23.4\/"},{"id":67276,"section_number":"32.1-276.3","catch_line":"Definitions","order_by":null,"url":"\/32.1-276.3\/"},{"id":84829,"section_number":"32.1-276.5","catch_line":"Providers to submit data; civil penalty","order_by":null,"url":"\/32.1-276.5\/"},{"id":77566,"section_number":"32.1-276.6","catch_line":"Patient level data system continued; reporting requirements","order_by":null,"url":"\/32.1-276.6\/"},{"id":67668,"section_number":"32.1-276.7","catch_line":"Methodology to review and measure the efficiency and productivity of health care providers","order_by":null,"url":"\/32.1-276.7\/"},{"id":73124,"section_number":"32.1-276.8","catch_line":"Fees for processing, verification, and dissemination of data","order_by":null,"url":"\/32.1-276.8\/"},{"id":57210,"section_number":"38.2-3438","catch_line":"Definitions","order_by":null,"url":"\/38.2-3438\/"}],"refers_to":[{"id":70034,"section_number":"2.2-4300","catch_line":"Short title; purpose; declaration of intent","order_by":null,"url":"\/2.2-4300\/"},{"id":72767,"section_number":"2.2-4345","catch_line":"Exemptions from competitive sealed bidding and competitive negotiation for certain transactions; limitations","order_by":null,"url":"\/2.2-4345\/"},{"id":84829,"section_number":"32.1-276.5","catch_line":"Providers to submit data; civil penalty","order_by":null,"url":"\/32.1-276.5\/"},{"id":85887,"section_number":"32.1-276.7:1","catch_line":"All-Payer Claims Database created; purpose; reporting requirements","order_by":null,"url":"\/32.1-276.7_1\/"},{"id":73124,"section_number":"32.1-276.8","catch_line":"Fees for processing, verification, and dissemination of data","order_by":null,"url":"\/32.1-276.8\/"},{"id":80143,"section_number":"32.1-276.9","catch_line":"Confidentiality, subsequent release of data and relief from liability for reporting; penalty for wrongful disclosure; individual action for damages","order_by":null,"url":"\/32.1-276.9\/"}],"permalink":{"id":204347,"object_type":"law","relational_id":56739,"identifier":"32.1-276.4","token":"32.1\/7.2\/32.1-276.4","url":"\/32.1-276.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-276.4\/","token":"32.1\/7.2\/32.1-276.4","dublin_core":{"Title":"Agreements for certain data services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-276.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner<\/span> shall negotiate and enter into contracts<\/span> or agreements with a nonprofit organization<\/span> for the compilation, storage, analysis, and evaluation of data submitted by health care providers<\/span> pursuant to this chapter; for the operation of the All-Payer Claims Database pursuant to § 32.1-276.7:1<\/a>; and for the development and administration of a methodology for the measurement and review of the efficiency and productivity of health care providers<\/span>. Such nonprofit organization<\/span> shall be governed by a board<\/span> of directors composed of representatives of state government, including the Commissioner<\/span>, representatives of the Department<\/span> of Medical Assistance Services and the Bureau of Insurance, health plans and health insurance issuers, and the consumer<\/span>, health care provider<\/span>, and business communities. Of the health care provider<\/span> representatives, there shall be an equal number of hospital, nursing home, physician<\/span>, and health plan representatives. The articles of incorporation of such nonprofit organization<\/span> shall require the nomination of such board<\/span> members by organizations and associations representing those categories of persons<\/span> specified for representation on the board<\/span> of directors. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to providing for the compilation, storage, analysis, and evaluation services described in subsection A, any contract<\/span> or agreement with a nonprofit, tax-exempt health data organization made pursuant to this section shall require the board<\/span> of directors of such organization to: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Develop and disseminate other health care quality and efficiency information designed to assist businesses and consumers<\/span> in purchasing health care and long-term care services; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prepare and make public summaries, compilations, or other supplementary reports based on the data provided pursuant to this chapter; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Collect, compile, and publish Health Employer Data and Information Set (HEDIS) information or reports or other quality of care or performance information sets approved by the Board<\/span>, pursuant to § 32.1-276.5<\/a>, and submitted by health maintenance organizations<\/span> or other health care plans; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Jointly determine with the Board<\/span> of Medicine any data concerning safety services and quality health care services rendered by physicians<\/span> to Medicaid recipients that should be identified, collected, and disseminated. The board<\/span> of directors shall further determine jointly with the Board<\/span> of Medicine the costs of requiring physicians<\/span> to identify, submit, or collect such information and identify sufficient funding sources to appropriate to physicians<\/span> for the collection of the same. No physician<\/span> shall be required to collect or submit safety and quality of health care services information that is already identified, collected, or submitted under this chapter; or for which funds for collection are not appropriated; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Maintain the confidentiality and security of data as set forth in §§ 32.1-276.7:1<\/a> and 32.1-276.9<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Submit a report to the Board<\/span>, the Governor, and the General Assembly no later than October 1 of each year for the preceding fiscal year. Such report shall include a certified audit, including an analysis of the efficacy and value of the All-Payer Claims Database, and provide information on the accomplishments, priorities, and current and planned activities of the nonprofit organization<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> Submit, as appropriate, strategic plans to the Board<\/span>, the Governor, and the General Assembly recommending specific data projects to be undertaken and specifying data elements for collection under this chapter. In developing strategic plans, the nonprofit organization<\/span> shall incorporate similar activities of other public and private entities to maximize the quality of data projects and to minimize the cost and duplication of data projects. In its strategic plans, the nonprofit organization<\/span> shall also evaluate the continued need for and efficacy of current data initiatives, including the use of patient level data for public health purposes. The approval of the General Assembly shall be required prior to the implementation of any recommendations set forth in a strategic plan submitted pursuant to this section; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> Competitively bid or competitively negotiate all aspects of all data projects, if feasible; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

9.<\/span> Fulfill all funded requirements set forth for the nonprofit organization<\/span> in this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Department<\/span> shall take steps to increase public awareness of the data and information available through the nonprofit organization<\/span>’s website and how consumers<\/span> can use the data and information when making decisions about health care providers<\/span> and services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Except as provided in subdivision A 2 of § 2.2-4345<\/a>, the provisions of the Virginia Public Procurement Act (§ 2.2-4300<\/a> et seq.) shall not apply to the activities of the Commissioner<\/span> authorized by this section. Funding for services provided pursuant to any such contract<\/span> or agreement shall come from general appropriations and from fees determined pursuant to § 32.1-276.8<\/a> and from such fees and other public and private funding sources as may be authorized by this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAGREEMENTS FOR CERTAIN DATA SERVICES (\u00a7 32.1-276.4)\n\nA. The Commissioner shall negotiate and enter into contracts or agreements with\na nonprofit organization for the compilation, storage, analysis, and evaluation\nof data submitted by health care providers pursuant to this chapter; for the\noperation of the All-Payer Claims Database pursuant to § 32.1-276.7:1; and\nfor the development and administration of a methodology for the measurement and\nreview of the efficiency and productivity of health care providers. Such\nnonprofit organization shall be governed by a board of directors composed of\nrepresentatives of state government, including the Commissioner, representatives\nof the Department of Medical Assistance Services and the Bureau of Insurance,\nhealth plans and health insurance issuers, and the consumer, health care\nprovider, and business communities. Of the health care provider representatives,\nthere shall be an equal number of hospital, nursing home, physician, and health\nplan representatives. The articles of incorporation of such nonprofit\norganization shall require the nomination of such board members by organizations\nand associations representing those categories of persons specified for\nrepresentation on the board of directors.\n\nB. In addition to providing for the compilation, storage, analysis, and\nevaluation services described in subsection A, any contract or agreement with a\nnonprofit, tax-exempt health data organization made pursuant to this section\nshall require the board of directors of such organization to:\n\n 1. Develop and disseminate other health care quality and efficiency\n information designed to assist businesses and consumers in purchasing health\n care and long-term care services;\n\n 2. Prepare and make public summaries, compilations, or other supplementary\n reports based on the data provided pursuant to this chapter;\n\n 3. Collect, compile, and publish Health Employer Data and Information Set\n (HEDIS) information or reports or other quality of care or performance\n information sets approved by the Board, pursuant to § 32.1-276.5, and\n submitted by health maintenance organizations or other health care plans;\n\n 4. Jointly determine with the Board of Medicine any data concerning safety\n services and quality health care services rendered by physicians to Medicaid\n recipients that should be identified, collected, and disseminated. The board\n of directors shall further determine jointly with the Board of Medicine the\n costs of requiring physicians to identify, submit, or collect such information\n and identify sufficient funding sources to appropriate to physicians for the\n collection of the same. No physician shall be required to collect or submit\n safety and quality of health care services information that is already\n identified, collected, or submitted under this chapter; or for which funds for\n collection are not appropriated;\n\n 5. Maintain the confidentiality and security of data as set forth in\n §§ 32.1-276.7:1 and 32.1-276.9;\n\n 6. Submit a report to the Board, the Governor, and the General Assembly no\n later than October 1 of each year for the preceding fiscal year. Such report\n shall include a certified audit, including an analysis of the efficacy and\n value of the All-Payer Claims Database, and provide information on the\n accomplishments, priorities, and current and planned activities of the\n nonprofit organization;\n\n 7. Submit, as appropriate, strategic plans to the Board, the Governor, and the\n General Assembly recommending specific data projects to be undertaken and\n specifying data elements for collection under this chapter. In developing\n strategic plans, the nonprofit organization shall incorporate similar\n activities of other public and private entities to maximize the quality of\n data projects and to minimize the cost and duplication of data projects. In\n its strategic plans, the nonprofit organization shall also evaluate the\n continued need for and efficacy of current data initiatives, including the use\n of patient level data for public health purposes. The approval of the General\n Assembly shall be required prior to the implementation of any recommendations\n set forth in a strategic plan submitted pursuant to this section;\n\n 8. Competitively bid or competitively negotiate all aspects of all data\n projects, if feasible; and\n\n 9. Fulfill all funded requirements set forth for the nonprofit organization in\n this chapter.\n\nC. The Department shall take steps to increase public awareness of the data and\ninformation available through the nonprofit organization’s website and how\nconsumers can use the data and information when making decisions about health\ncare providers and services.\n\nD. Except as provided in subdivision A 2 of § 2.2-4345, the provisions of\nthe Virginia Public Procurement Act (§ 2.2-4300 et seq.) shall not apply to\nthe activities of the Commissioner authorized by this section. Funding for\nservices provided pursuant to any such contract or agreement shall come from\ngeneral appropriations and from fees determined pursuant to § 32.1-276.8\nand from such fees and other public and private funding sources as may be\nauthorized by this chapter.\n\nHISTORY: 1996, c. 902; 2000, c. 897; 2006, c. 426; 2010, c. 416; 2012, cc. 693,\n709.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}