1,652 sections in this chapter.
W. Va. Code § 33-15-21 Coverage of emergency services
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From July 1, 1998: (a) Every insurer shall provide coverage for emergency medical services, including prehospital services, to the extent necessary to screen and to stabilize an emergency medical condition. The insurer shall not require prior authorization of the screening servic…
W. Va. Code § 33-15-22 Assignment of certain benefits in dental care insurance coverage
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(a) Any entity regulated under this article that provides dental care coverage to a covered person shall honor an assignment, made in writing by the person covered under the policy, of payments due under the policy to a dentist or a dental corporation for services provided to the…
W. Va. Code § 33-15-23 Copayments for certain services
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(a) A policy, provision, contract, plan, or agreement subject to this article may not impose a copayment, coinsurance, or office visit deductible amount charged to the insured for services rendered for each date of service by a licensed occupational therapist, licensed occupation…
W. Va. Code § 33-15-24 Prohibiting surprise billing of ground emergency medical services by nonparticipating providers
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For a health insurance policy issued by an insurer on or after January 1, 2027: (1) Payment by an insurer to a non-participating emergency medical services agency for covered ambulance services provided under the provisions of §16-4C-1 et seq. of this code, excluding air ambulanc…
W. Va. Code § 33-15-2A Definitions
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For purposes of this section and sections two-b, two-c, two-d, two-e, two-f, two-g and four-e: (a) "Accident and sickness insurance coverage" means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and ser…
W. Va. Code § 33-15-2B Guaranteed issue; limitation of coverage; election; denial of coverage; network plans
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(a) Each insurer that offers accident and sickness insurance coverage in the individual market in this state may not, with respect to an eligible individual desiring to enroll in individual accident and sickness insurance coverage: (1) Decline to offer coverage to, or deny enroll…
W. Va. Code § 33-15-2C Feasibility study for alternatives to guaranteed issue
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The Legislature finds that alternatives to the provisions of this article relating to guaranteed issue of individual accident and sickness insurance policies do exist but the feasibility of these alternatives are not presently known. Therefore, the commissioner is to perform or h…
W. Va. Code § 33-15-2D Exceptions to guaranteed renewability
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(a) An insurer may nonrenew or discontinue accident and sickness insurance coverage of an individual in the individual market based only on one or more of the following: (1) The individual has failed to pay premiums or contributions in accordance with the terms of the policy or t…
W. Va. Code § 33-15-2E Discontinuation of particular type of coverage; uniform termination of all coverage; uniform modification of coverage
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(a) An insurer may discontinue offering a particular type of accident and sickness insurance coverage in the individual market only if: (1) The insurer provides written notice to each individual provided this type of coverage at least ninety days prior to the date of the disconti…
W. Va. Code § 33-15-2F Certification of creditable coverage
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An insurer offering accident and sickness insurance coverage pursuant to the provisions of this article shall provide certification of creditable coverage in the same manner as provided in section three-m, article sixteen of this chapter.
W. Va. Code § 33-15-2G Applicability
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(a) The requirements of sections two-b, two-d, two-e and two-f of this article and the provisions of this article which generally require policies of accident and sickness insurance to cover specific conditions or treatments, but which are not expressly made applicable to the fol…
W. Va. Code § 33-15A-3 Applicability
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The requirements of this act shall apply to policies delivered or issued for delivery in this state on or after the effective date of this act. This act is not intended to supersede the obligations of entities subject to this act to comply with the substance of other applicable i…
W. Va. Code § 33-15B-3 Insurance commissioner to propose rules; use of standardized forms and classifications; advisory group
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(a) The commissioner shall propose rules for legislative approval, in accordance with the provisions of chapter twenty-nine-a of this code, regarding the implementation and use of uniform health care administrative forms. Such rules shall establish, where practicable, the accepta…
W. Va. Code § 33-15E-3 Definitions
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For purposes of this article: (1) "Affiliate" means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, the specified person. (2) "Ancillary services" includes audiology, dental, vision, mental hea…
W. Va. Code § 33-15-3 Age limit
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If any such policy contains a provision establishing as an age limit or otherwise, a date after which the coverage provided by the policy will not be effective, and if such date falls within a period for which premium is accepted by the insurer or if the insurer accepts a premium…
W. Va. Code § 33-15E-4 Licensing requirements
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(a) A person is required to obtain a license prior to doing business in this state as a discount medical plan organization. (b) The commissioner shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, as…
W. Va. Code § 33-15A-4 Definitions
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(a) "Long-term care insurance" means any insurance policy or rider advertised, marketed, offered or designed to provide coverage for not less than twelve consecutive months for each covered person on an expense incurred, indemnity, prepaid or other basis; for one or more necessar…
W. Va. Code § 33-15-4 Required policy provisions
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Except as provided in section six of this article, each such policy delivered or issued for delivery to any person in this state shall contain the provisions specified in this section in the words in which the same appear in this section: Provided, That the insurer may, at its op…
W. Va. Code § 33-15-4A Required coverage for scalp cooling system for cancer chemotherapy treatment
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(a) This section shall be known and cited as "Jessica Huffman's Law". (b) For the purpose of this section, "scalp cooling system" means any device used to cool the human scalp to prevent or reduce hair loss during cancer chemotherapy treatment, provided that such device is design…
W. Va. Code § 33-15-4B Policies to cover nursing services; definition
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(a) Any insurer who, on or after January 1, 1984, delivers or issues a policy of accident and sickness insurance in this state under the provisions of this article shall make available as benefits to all subscribers and members coverage for primary health care nursing services as…
W. Va. Code § 33-15-4C Third party reimbursement for mammography, pap smear or human papilloma virus testing
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(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, whenever reimbursement or indemnity for laboratory or X-ray services are covered, reimbursement or indemnification shall not be denied for any of the following w…
W. Va. Code § 33-15-4D Third party reimbursement for rehabilitation services
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(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, any entity regulated by this article shall, on or after July 1, 1991, provide as benefits to all subscribers and members coverage for rehabilitation services as …
W. Va. Code § 33-15-4E Benefits for mothers and newborns
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(a) Nothing in this section shall be construed to require a mother to give birth in a hospital or to stay in a hospital for a fixed period of time following the birth of her child. However, an insurer offering accident and sickness insurance coverage under this article may not re…
W. Va. Code § 33-15-4F Third party reimbursement for colorectal cancer examination and laboratory testing
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(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, reimbursement or indemnification for colorectal cancer examinations and laboratory testing may not be denied for any nonsymptomatic person fifty years of age or old…
W. Va. Code § 33-15-4G Required coverage for reconstruction surgery following mastectomies
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(a) Any policy of insurance described in this article which provides medical and surgical benefits with respect to a mastectomy shall provide, in a case of a policyholder who is receiving benefits in connection with a mastectomy and who elects breast reconstruction in connection …
W. Va. Code § 33-15-4H Coverage for patient cost of clinical trials
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The provisions relating to clinical trials established in article twenty-five-f of this chapter shall apply to the individual market regulated by this article.
W. Va. Code § 33-15-4I Third-party reimbursement for kidney disease screening
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(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, reimbursement or indemnification for annual kidney disease screening and laboratory testing as recommended by the National Kidney Foundation may not be denied for a…
W. Va. Code § 33-15-4J Required coverage for dental anesthesia services
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(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, any entity regulated by this article shall, on or after July 1, 2009, provide as benefits to all subscribers and members coverage for dental anesthesia services …
W. Va. Code § 33-15-4K Maternity coverage
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Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, any health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, sha…
W. Va. Code § 33-15-4L Deductibles, copayments and coinsurance for anti-cancer medications
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(a) Any accident and sickness insurance policy issued by an insurer pursuant to this article that covers anti-cancer medications that are injected or intravenously administered by a health care provider and patient administered anti-cancer medications, including, but not limited …
W. Va. Code § 33-15-4M Eye drop prescription refills
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An insurance policy issued by an insurer pursuant to this article for prescription topical eye medication may not deny coverage for the refilling of a prescription for topical eye medication when: (1) The medication is to treat a chronic condition of the eye; (2) The refill is re…
W. Va. Code § 33-15-4N Deductibles, copayments and coinsurance for abuse-deterrent opioid analgesic drugs
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(a) As used in this section: (1) “Abuse-deterrent opioid analgesic drug product” means a brand name or generic opioid analgesic drug product approved by the United States Food and Drug Administration with abuse-deterrent labeling that indicates its abuse-deterrent properties are …
W. Va. Code § 33-15-4O Step therapy
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(a) As used in this article: (1) “Health benefit plan” means a policy, contract, certificate or agreement entered into, offered or issued by a health plan issuer to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services. (2) “Health plan iss…
W. Va. Code § 33-15-4P Lyme disease to be covered by all health insurance policies
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Any insurer who, on or after January 1, 2019, delivers or issues a policy of accident and sickness insurance in this state under the provisions of this article shall make available as benefits to all subscribers and members coverage on an expense-incurred basis and individual and…
W. Va. Code § 33-15-4Q Coverage for amino acid-based formulas
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(a) A policy, plan, or contract that is issued or renewed on or after January 1, 2019, and that is subject to this article shall provide coverage, through the age of 20, for amino acid-based formula for the treatment of severe protein-allergic conditions or impaired absorption of…
W. Va. Code § 33-15-4R Substance use disorder
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(a) As used in this section, the following words have the following meanings: (1) “Concurrent review” means inpatient care is reviewed as it is provided. Medically qualified reviewers monitor appropriateness of the care, the setting, and patient progress, and, as appropriate, the…
W. Va. Code § 33-15-4S Prior authorization
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(a) As used in this section, the following words and phrases have the meanings given to them in this section unless the context clearly indicates otherwise: "Episode of care" means a specific medical problem, condition, or specific illness being managed including tests, procedure…
W. Va. Code § 33-15-4T Fairness in Cost-Sharing Calculation
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(a) As used in this section: "Cost sharing" means any copayment, coinsurance, or deductible required by or on behalf of an insured in order to receive a specific health care item or service covered by a health plan. "Drug" means the same as the term is defined in §30-5-4 of this …
W. Va. Code § 33-15-4U Mental health parity
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(a) As used in this section, the following words and phrases have the meaning given them in this section unless the context clearly indicates otherwise: To the extent that coverage is provided “behavioral health, mental health, and substance use disorder” means a condition or dis…
W. Va. Code § 33-15-4V Incorporation of the Health Benefit Plan Network Access and Adequacy Act
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The provisions of the Health Benefit Plan Network Access and Adequacy Act codified at §33-55-1 et seq. of this code are made applicable to the provisions of this article.
W. Va. Code § 33-15-4W Incorporation of the coverage for 12-month refill for contraceptive drugs
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The provision requiring coverage for 12-month refill for contraceptive drugs codified at §33-58-1 of this code is made applicable to the provisions of this article.
W. Va. Code § 33-15-4X Coverage of emergency medical services to triage and transport to alternative destination or treat in place
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(a) The following terms are defined: (1) "911 call" means a communication indicating that an individual may need emergency medical services; (2) "Alternative destination" means a lower-acuity facility that provides medical services, including without limitation: (A) A federally-q…
W. Va. Code § 33-15A-5 Extraterritorial jurisdiction - Group long-term care insurance
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No group long-term care insurance coverage may be offered to a resident of this state under a group policy issued in another state to a group described in subdivision (4), subsection (e), section four of this article unless this state or another state having statutory and regulat…
W. Va. Code § 33-15E-5 Minimum capital requirements
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(a) Before the commissioner issues a license to any person required to obtain a license under section four of this article, the person seeking to operate a discount medical plan organization shall demonstrate that it has a positive net worth of at least $150,000. (b) Each discoun…
W. Va. Code § 33-15B-5 Penalties for violation
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Any person, partnership, corporation, limited liability company, professional corporation, health care provider, insurer or other payer, or other entity violating any provision of this article shall be subject to a fine imposed by the commissioner of not more than $1000 for each …
W. Va. Code § 33-15-5 Optional policy provisions
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Except as provided in section six of this article, no such policy delivered or issued for delivery to any person in this state shall contain provisions respecting the matters set forth below unless such provisions are in the words in which the same appear in this section: Provide…
W. Va. Code § 33-15-6 Inapplicable or inconsistent provisions
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If any provision of this article is in whole or in part inapplicable to or inconsistent with the coverage provided by a particular form of policy, the insurer, with the approval of the commissioner, shall omit from such policy any inapplicable provision or part of a provision, an…
W. Va. Code § 33-15B-6 Citation of article
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This article may be known as the "Uniform Health Care Administration Act."
W. Va. Code § 33-15E-6 Surety bond requirements
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Each licensed discount medical plan organization shall maintain in force a surety bond in its own name, in an amount not less than $35,000, in favor of the commissioner for the benefit of any person who is damaged by any violation of this article. The bond shall cover any violati…
W. Va. Code § 33-15A-6 Disclosure and performance standards for long-term care insurance
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(a) The commissioner may adopt rules that include standards for full and fair disclosure setting forth the manner, content and required disclosures for the sale of long-term care insurance policies, terms of renewability, initial and subsequent conditions of eligibility, nondupli…