Proposed Text
Part I
Definitions and General Information
12VAC5-407-10. Definitions.
The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:
"Board" means State Board of Health.
"Code" means the Code of Virginia.
"Commissioner" means the State Health Commissioner.
"Consumer" means any person (i) whose occupation is
other than the administration of health activities or the provision of health
services,; (ii) who has no fiduciary obligation to a health care
institution or other health agency or to any organization, public or private,
whose principal activity is an adjunct to the provision of health services,;
or (iii) who has no material financial interest in the rendering of health services.
"Department" means the State Virginia
Department of Health.
"Health maintenance organization" or "HMO" means any person who undertakes to provide or to arrange for one or more health care plans pursuant to Chapter 43 (§ 38.2-4300 et seq.) of Title 38.2 of the Code of Virginia.
"HEDIS" means the Health Plan Employer Data
and Information Set, also known as the Healthcare Effectiveness Data and
Information Set, a set of standardized performance measures sponsored,
supported collected and maintained by the National Committee for
Quality Assurance.
"NCQA" means the National Committee for Quality Assurance.
"Nonprofit organization" means a nonprofit,
tax-exempt health data organization with the characteristics, expertise, and
capacity to execute the powers and duties set forth for such entity in this
chapter Chapter 7.2 (§ 32.1-276.2 et seq.) of Title 32.1 of the Code of
Virginia and that enters into a contract for the compilation, storage,
analysis, and evaluation of data pursuant to Chapter 7.2 of Title 32.1.
Part II
Quality of Care Data Reporting
12VAC5-407-30. Reporting requirements for HMO data. (Repealed.)
A. Every HMO shall make available to the commissioner those
HEDIS or any other quality of care or performance information set, or a subset
thereof.
B. The board may contract directly with NCQA to purchase
the selected HEDIS measures on behalf of the HMOs.
12VAC5-407-40. Exception to HEDIS reporting. (Repealed.)
A. The board may approve and require quality of care data
other than the HEDIS measures provided that reasonable notice is given to the
HMOs in writing.
12VAC5-407-50. Reporting methods and exemption from reporting.
A. Every HMO with an active license in the Commonwealth shall be required to submit the HEDIS or any other quality of care or performance information set approved by the board unless granted a written exemption by the commissioner.
B. The following methods shall be used for data submission:
1. If the HMO submits data to NCQA, the commissioner may purchase HEDIS data or any other quality of care or performance information set from NCQA.
2. If the HMO does not submit data to NCQA, or the commissioner elects not to purchase HEDIS data from the NCQA, then the HMO shall submit the performance information sets approved by the board to the nonprofit organization in accordance with the timeframes established in 12VAC5-407-70.
B. C. An HMO may, in writing, petition the
commissioner for an exemption. The commissioner, at his discretion, may grant a
waiver from reporting the HEDIS or any other approved quality of care or
performance information set. In considering a petition for waiver, the
commissioner may give due consideration to the HMO's (i) sample size; (ii)
number of covered lives; (iii) length of operating experience in Virginia; (iv)
accreditation status with respect to NCQA or other national accrediting
organizations; or (v) any other relevant factors he deems appropriate.
C. D. An HMO that can demonstrate that it does
not meet NCQA's minimum sample size requirements to collect statistically valid
information on at least 50% of the HEDIS effectiveness of care measures or
performance information sets approved by the board shall be exempt from
reporting the HEDIS quality of care or performance sets during the reporting
period. The HMO shall submit documentation to the commissioner each reporting
period to demonstrate that it meets the criteria for obtaining an exemption
from reporting.
D. Options for data submission.
1. The commissioner may purchase HEDIS data or any other
quality of care or performance information set from NCQA that includes all HMOs
operating in the Commonwealth that submit HEDIS data to NCQA.
2. HMOs that do not submit data directly to NCQA must submit
the performance information sets approved by the board to the nonprofit
organization in accordance with the timeframes established in 12VAC5-407-70.
3. If the budget pursuant to 12VAC5-407-100 E includes a
cost benefit for direct submission of HEDIS data or any other quality of care
or performance information set, the commissioner may thereafter require direct
submission.
12VAC5-407-60. Audited data required.
A. Data submitted by HMOs is required to be shall
submit HEDIS or other quality of care or performance information set approved
by the board that has been verified by an independent auditing organization
with no financial interest in or managerial association with the HMO. The
HMO shall submit an audit report with the data.
B. HMOs whose performance information set is audited by an
NCQA-certified HEDIS compliance auditor will have a notice to that effect published
with their HEDIS data.
C. HMOs whose performance information set is not audited by
NCQA-certified auditors will have a notice to that effect published with their
HEDIS data.
12VAC5-407-70. Process for data submission.
A. Before January 1 of each year, the commissioner shall
submit to each HMO in writing the process required for data submission, obtaining
a waiver from reporting and the amount of the fee to be paid the fee associated
with data submission, and the process for obtaining a waiver. HMOs
providing HEDIS or any other quality of care or performance information set
directly to the commissioner nonprofit organization shall submit
the data by September 15 of each year.
B. The nonprofit organization board shall direct
the nonprofit organization to publish annually the quality information data
before December 31.
12VAC5-407-80. Fees.
A. For each HMO required to provide information pursuant to this chapter, the board shall prescribe a reasonable fee to cover the cost of collecting and making available such data. The commissioner may purchase HEDIS data or other quality of care or performance information set on behalf of all the actively licensed HMOs in the Commonwealth that are participating in HEDIS and divide the cost among the HMOs. Each HMO shall pay an equal share of the cost to the board for purchase of the HEDIS data directly from NCQA. The remainder of the cost associated with making the data available shall be divided among the participating HMOs in a tiered format based on the number of enrollees per HMO.
B. Fees described in subsection A of this section shall not exceed $3,000 per HMO per year.
C. The payment of such fees shall be on September 15 of each
year or later if determined by an agreement between the board and the
nonprofit organization. The nonprofit organization providing services pursuant
to an agreement or contract as provided in § 32.1-276.4 of the Code of Virginia
shall be authorized to charge and collect the fees prescribed by the board in subsection
A of this section when the data are provided directly to the nonprofit
organization. Such fees shall not exceed the amount authorized by the board.
D. The nonprofit organization providing services pursuant
to an agreement or contract as provided in § 32.1-276.4 of the Code of Virginia
shall be authorized to charge and collect reasonable fees approved by the board
for making available to any individual or entity who requests the HEDIS
data or other approved quality of care data; however, the commissioner, the
State Corporation Commission, and the Commissioner of Mental Health, Mental
Retardation and Substance Abuse Services Behavioral Health and
Developmental Services shall be entitled to receive relevant and
appropriate data from the nonprofit organization at no charge.
E. HMOs shall be entitled to receive relevant and
appropriate HMO data as defined by and from the nonprofit organization, with
input from the HMO industry at no charge. The board shall direct the
nonprofit organization to solicit input from the HMO industry to determine
relevant and appropriate data that the industry shall receive at no charge.
12VAC5-407-90. Late charge.
A. A late charge of $25 per working day shall be paid to the
board by an HMO that has not received an exemption from the commissioner as
provided for in 12VAC5-407-50 and that has not paid the assessed fees by
September 15 or later if determined by an agreement between the board and
the nonprofit. The late fee charge may not be assessed until
completion of a 30-day grace period for submitting the data.
B. Late charges may be waived by the board, in its discretion, if an HMO can show that an extenuating circumstance exists. Examples of an extenuating circumstance may include, but are not limited to, the installation of a new computerized system, a bankruptcy proceeding, or change of ownership in the HMO.
Part III
Duties of the Board and the Nonprofit Organization
12VAC5-407-100. Contract with Duties of the
nonprofit organization.
The contract entered into by the board and the nonprofit organization pursuant to Chapter 7.2 (§ 32.1-276.2 et seq.) of Title 32.1 of the Code of Virginia shall provide:
A. The commissioner shall negotiate and contract with a
nonprofit organization pursuant to § 32.1-276.4 of the Code of Virginia for
compiling, storing, and making 1. The nonprofit organization shall
compile, store, and make available to consumers the data submitted by HMOs pursuant
to 12VAC5-407-30 and 12VAC5-407-40.
B. 2. The nonprofit organization shall assist the
board in developing a summary plan and budget to collect and make available HMO
HEDIS or any other quality of care performance information set results for
consumers. The nonprofit organization shall present the summary plan and budget
on a biennial basis to the board for approval. The commissioner, at his
discretion, shall also review the summary plan on a periodic basis to determine
its effectiveness.
C. 3. The nonprofit organization shall collect
the HEDIS data in the most cost-effective manner available.
D. 4. The nonprofit organization will shall
prepare a biennial summary plan in identifying the measures selected for
reporting. The summary plan shall include:
1. a. The rationale for selecting each measure
to be made available to consumers;
2. b. The goal of reporting each measure;
3. c. The cost and benefit of collecting the
measures and making them available to consumers; and
4. d. The scope of dissemination of information
in paper or electronic format and the target audience.
E. 5. The nonprofit organization shall prepare a
biennial budget that includes a cost-benefit analysis of purchasing HEDIS data
from NCQA or obtaining the information performance sets directly from the HMOs.
F. 6. The nonprofit organization will shall
present the summary plan and budget to the board for review and approval on a
biennial basis.
G. 7. The nonprofit organization shall organize,
present, and make available to consumers all data required by the board
to be reported to the commissioner. This data shall also be available on the
nonprofit's website.
12VAC5-407-120. Other duties of the board. (Repealed.)
The board shall (i) maintain records of its activities
relating to the dissemination of data reported by HMOs and (ii) collect and
account for all fees, as described in this chapter, and deposit the moneys so
collected into a special fund from which the expenses attributed to this
chapter shall be paid.