                                 CODE OF VIRGINIA

FEES FOR PROCESSING, VERIFICATION, AND DISSEMINATION OF DATA (§ 32.1-276.8)

A. The Board shall prescribe a reasonable fee for each affected health care
provider to cover the costs of the reasonable expenses of establishing and
administering the methodology developed pursuant to &#xA7; 32.1-276.7. The
payment of such fees shall be at such time as the Board designates. The Board
may assess a late charge on any fees paid after their due date.
			In addition, the Board shall prescribe a tiered-fee structure based on the
number of enrollees for each health maintenance organization to cover the costs
of collecting and making available such data. Such fees shall not exceed $3,000
for each health maintenance organization required to provide information
pursuant to this chapter. The payment of such fees shall also be at such time as
the Board designates. The Board may also assess a late charge on any fees paid
by health maintenance organizations after their due dates.

B. Except for the fees assessed pursuant to subsection A, the nonprofit
organization providing services pursuant to an agreement or contract as provided
in &#xA7; 32.1-276.4 shall not assess any fee against any health care provider
that submits data under this chapter that is processed, verified, and timely in
accordance with standards established by the Board. The Board shall establish
penalties for submission of data in a manner that is inconsistent with such
standards.

C. State agencies shall not be assessed fees for the submission of patient level
data required by subsection C of &#xA7; 32.1-276.6. Individual employers,
insurers, and other organizations may voluntarily provide the nonprofit
organization with outpatient data for processing, storage, and comparative
analysis and shall be subject to fees negotiated with and charged by the
nonprofit organization for services provided.

D. The nonprofit organization providing services pursuant to an agreement or
contract with the Commissioner of Health shall be authorized to charge and
collect reasonable fees for the dissemination of patient level data and Health
Employer Data and Information Set (HEDIS) data or other approved quality of care
or performance information set data; however, the Commissioner of Health, the
State Corporation Commission, and the Commissioner of Behavioral Health and
Developmental Services shall be entitled to receive relevant and appropriate
data from the nonprofit organization at no charge.

E. The Board shall (i) maintain records of its activities; (ii) collect and
account for all fees and deposit the moneys so collected into a special fund
from which the expenses attributed to this chapter shall be paid; and (iii)
enforce all regulations promulgated by it pursuant to this chapter.

HISTORY: 1996, c. 902; 1999, c. 764; 2000, c. 897; 2001, c. 341; 2003, c. 472;
2009, cc. 813, 840.