(a) Actions of the authority shall be exempt from antitrust action under state and federal antitrust laws. Any actions of hospitals and health care providers under the authority’s jurisdiction, when made in compliance with orders, directives, rules, approvals or regulations issued or promulgated by the authority, shall likewise be exempt.
(b) It is the intention of the Legislature that this chapter shall also immunize cooperative agreements approved and subject to supervision by the authority and activities conducted pursuant thereto from challenge or scrutiny under both state and federal antitrust law: Provided, That a cooperative agreement that is not approved and subject to supervision by the authority shall not have such immunity.
Structure West Virginia Code
Article 29B. Health Care Authority
§16-29B-1. Legislative Findings; Purpose
§16-29B-5a. Executive Director of the Authority; Powers and Duties
§16-29B-8. Powers Generally; Budget Expenses of the Authority
§16-29B-13. Review of Final Orders of Board
§16-29B-14. Injunction; Mandamus
§16-29B-24. Reports Required to Be Filed; and Legislative Rulemaking Regarding Uniform Bill Database
§16-29B-26. Exemptions From State Antitrust Laws
§16-29B-28. Review of Cooperative Agreements