§16-29G-1a. Transfer of West Virginia Health Information Network.
(a) As used in this article, the following mean:
(1) "Agreement" means a document that may be entered into between the network board and the corporation;
(2) "Assets" means the tangible and intangible personal property of the network on the transfer date, including all assignable grants, all obligated funds on deposit in the network account, agreements and contracts;
(3) "Corporation" means any nonstock, nonprofit corporation to be established under the chapter thirty-one;
(4) "Network" means the West Virginia Health Information Network; and
(5) "Network account" means the West Virginia Health Information Network Account.
(b) By December 31, 2017, the network board of directors shall transfer the existing network, the associated assets and liabilities to a private nonprofit corporation organized under chapter thirty-one e of this code.
(c) The network board of directors may enter into agreements as they determine are appropriate to implement the transfer. The agreements are exempt from the bidding and public sale requirements, from the approval of contractual agreements by the Department of Administration or the Attorney General and from the requirements of chapter five-a of this code.
(d) The initial corporation board of directors may consist of any current members of the network board of directors. The current appointed network directors shall continue to serve until the transfer is complete. Notwithstanding any other provisions of this code to the contrary, officers and employees of the network may be transferred considered for employment with to the corporation, and any such employment shall be deemed exempt from the requirements and limitations imposed by §6B-2-5 and any legislative rules promulgated thereunder.
(e) The corporation shall have all powers afforded to a nonprofit corporation by law and is limited to those powers enumerated in this article.
(f) The corporation shall not be a department, unit, agency or instrumentality of the state.
(g) The corporation is not subject to the provisions of article nine-a, chapter six of this code, Open Government Proceeding; the provisions of article two, chapter six-c of this code, the West Virginia Public Employees Grievance Procedure; the provisions of article six, chapter twenty-nine of this code, Civil Service System; or the provisions of chapter twenty-nine-b of this code, Freedom of Information; article twelve, chapter twenty-nine of this code, State Insurance; article ten, chapter five, of this code, West Virginia Public Employees Retirement Act, or the provisions of article sixteen, chapter five, of this code, West Virginia Public Employees Insurance Act.
(h) The Secretary of the Department of Health may designate the corporation as the state’s health information exchange, and shall have the authority to make sole source grants or enter into sole source contracts with the corporation pursuant to §5A-3-10c of this code.
(i) The Secretary of the Department of Health shall have access to the data free of charge subject to the provisions of applicable state and federal law.
