1,652 sections in this chapter.
W. Va. Code § 33-24-11 Reciprocity with other service plans; payment authorized
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Hospital, medical, dental and health service corporations licensed and operating under provisions of this article are hereby authorized to promote and encourage reciprocity with other licensed hospitals, medical, dental and health plans, both within and without the state, in expa…
W. Va. Code § 33-24-12 Creation of subsidiary corporation or corporations
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In addition to the other rights given a corporation under the provisions of this article, a health service corporation may, subject to prior approval of the commissioner, create a subsidiary corporation or corporations, either nonprofit corporation or a corporation organized for …
W. Va. Code § 33-24-13 Continuum of care services
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Any hospital service corporation, medical service corporation or health service corporation which, on or after July 1, 1986, delivers or issues for delivery in this state any subscriber contract under the provisions of this article, shall make available for purchase, at a reasona…
W. Va. Code § 33-24-14 Delinquency proceedings
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From and after July 1, 2004, any delinquency proceeding commenced against a corporation subject to this article for the purpose of liquidating, rehabilitating, reorganizing or conserving the corporation shall be considered to be a delinquency proceeding against an insurance compa…
W. Va. Code § 33-24-15 Required coverage for scalp cooling system for cancer chemotherapy treatment
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(a) 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 designed and intended for repeated use and is primarily and customarily used…
W. Va. Code § 33-24-2 Definitions
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For the purpose of this article: (a) "Corporation" means either a hospital service corporation, a medical service corporation, a dental service corporation or a health service corporation. (b) "Hospital service corporation" means a nonprofit, nonstock corporation, organized in ac…
W. Va. Code § 33-24-3 Corporations affected by article; eligibility of hospitals, physicians, dentists, chiropodists-podiatrists and chiropractors
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(a) Every such corporation operating within this state shall be subject to the provisions of this article. (b) Every hospital or other health agency in this state meeting the standards prescribed by the board of directors of each such corporation shall be eligible for participati…
W. Va. Code § 33-24-4 Exemptions; applicability of insurance laws
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(a) Every corporation defined in §33-24-2 of this code is hereby declared to be a scientific, nonprofit institution and exempt from the payment of all property and other taxes. Every corporation, to the same extent the provisions are applicable to insurers transacting similar kin…
W. Va. Code § 33-24-43 Policies discriminating among health care providers
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Notwithstanding any other provisions of law, when any health insurance policy, health care services plan or other contract provides for the payment of medical expenses, benefits or procedures, such policy, plan or contract shall be construed to include payment to all health care …
W. Va. Code § 33-24-44 Authority of commissioner to promulgate rules and regulations regarding affiliate and subsidiary operating results
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The commissioner may as he deems necessary after notice and hearing promulgate rules and regulations in accordance with chapter twenty-nine-a of this code to define the commissioner's authority to consider the operating results of an insurer's affiliates and subsidiaries in the r…
W. Va. Code § 33-24-45 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 § 33-24-46 Prohibiting surprise billing of ground emergency medical services by non-participating 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 § 33-24-4A 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 insurance regulated by this article.
W. Va. Code § 33-24-4B Applicability of insurance fraud prevention act
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Notwithstanding any provision of this code to the contrary, article forty-one of this chapter is applicable to hospital service corporations, medical service corporations, dental service corporations and health service corporations.
W. Va. Code § 33-24-5 Licenses; name of corporation
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(a) No such corporation shall enter into any contract with a subscriber until it has obtained from the commissioner a license as provided in this section. Application for a license shall be made on forms to be prescribed and furnished by the commissioner. (b) The application shal…
W. Va. Code § 33-24-6 Commissioner to enforce article; approval of contracts, forms, rates and fees
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(a) It shall be the duty of the commissioner to enforce the provisions of this article. If the commissioner finds that a corporation is impaired, he may issue such orders and otherwise require that the corporation take all actions that in his judgment are necessary for the corpor…
W. Va. Code § 33-24-6A Loss ratio
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If a corporation utilizes a group’s loss ratio as a rating factor at the time of renewal of a policy, plan, or contract, the corporation shall, upon request of an insured or subscriber, provide the loss ratio and the components of the loss ratio calculation to the insured or subs…
W. Va. Code § 33-24-7 Required provisions in contracts made by corporations with hospitals, physicians, dentists and other health agencies
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Each contract made by the corporation with participating hospitals, physicians, dentists and other health agencies shall contain the following provisions: (a) That the hospital, physician, dentist or other health agency will render to any subscriber such service as he may be enti…
W. Va. Code § 33-24-7A Contracts to cover nursing service
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(a) Any contract made under the provisions of this article shall, on or after January 1, 1984, contain a provision that the corporation shall make available as covered benefits to all subscribers and members coverage for primary health care nursing services as defined in section …
W. Va. Code § 33-24-7B 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 § 33-24-7C 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 § 33-24-7D Required provisions in contracts which include child immunization services in the terms of the contract
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Each contract made by the corporation with participating hospitals, physicians, and other health agencies which provide immunizations to children shall require that bills submitted to the corporation for child immunization services rendered under the terms of their contracts will…
W. Va. Code § 33-24-7E Coverage of emergency 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 provide as benefits to all subscribers and members coverage for emergency services. A policy, provision, contract, pl…
W. Va. Code § 33-24-7F 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 § 33-24-7G 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 participant or beneficiary who is receiving benefits in connection with a mastectomy and who elects breast reconstruction …
W. Va. Code § 33-24-7H Required use of mail-order pharmacy prohibited
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(a) A corporation defined in section two of this article may not require any person covered under a contract which provides coverage for prescription drugs to obtain the prescription drugs from a mail-order pharmacy in order to obtain benefits for the drugs. (b) A corporation may…
W. Va. Code § 33-24-7I 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 § 33-24-7J 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 § 33-24-7K Coverage for diagnosis and treatment of autism spectrum disorders
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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, for policies issued or renewed on or after January 1, 2012, which delivers, renews or issues a policy of group accident and…
W. Va. Code § 33-24-7L Maternity coverage
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Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, a health insurance policy subject to this article, issued or renewed on or after January 1, 2014, which provides health insurance coverage for maternity services, shall…
W. Va. Code § 33-24-7M Deductibles, copayments and coinsurance for anti-cancer medications
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(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to which this article applies, any group accident and sickness insurance policy, plan, contract or agreement issued by an entity regulated by this article that covers anti-cancer medications t…
W. Va. Code § 33-24-7N Eye drop prescription refills
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A contract, plan or agreement 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 re…
W. Va. Code § 33-24-7O 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 e…
W. Va. Code § 33-24-7P 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 § 33-24-7Q 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 § 33-24-7R 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 § 33-24-7S 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 § 33-24-7T 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 § 33-24-7U 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 § 33-24-7V 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 is made applicable to the provisions of this article.
W. Va. Code § 33-24-7W 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 § 33-24-7X 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 a subscriber for services rendered for each date of service by a licensed occupational therapist, licensed occupatio…
W. Va. Code § 33-24-7Y 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 § 33-24-8 Contract or certificate to be furnished to policyholders and subscribers; payment for health care rendered needy persons
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(a) Every such corporation shall deliver to each contract holder a copy of the contract and to each holder of a master group contract for delivery to each subscriber to such group contract a certificate setting forth the essential terms of the contract to be performed. (b) A corp…
W. Va. Code § 33-24-9 Payroll deduction for governmental employees
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The officer charged with the duty of preparing the payroll of any subscriber, who is an employee of the state government or of any of its political subdivisions, including state-operated educational institutions, may upon request of the subscriber deduct from his payroll the amou…
W. Va. Code § 33-25F-1 Definitions
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For purposes of this article: (a) A "clinical trial" is a study that determines whether new drugs, treatments or medical procedures are safe and effective on humans. To determine the efficacy of experimental drugs, treatments or procedures, a study is conducted in four phases inc…
W. Va. Code § 33-25-1 Declaration of policy
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In view of the desirability of making available to the people of this state various methods of procuring and financing increased hospital, medical, dental, other health services, or any one or more of them, the declared policy of the Legislature in the enactment of this article i…
W. Va. Code § 33-25E-1 Short title
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This article may be referred to as the patients' eye care act.
W. Va. Code § 33-25D-1 Short title
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This article may be cited as the "Prepaid Limited Health Service Organization Act."
W. Va. Code § 33-25C-1 Short title and purpose
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This article may be referred to as the "Patients' Bill of Rights." It is the intent of the Legislature that enrollees covered by health care plans receive quality, cost-effective health care designed to maintain and improve their health. The purpose of this article is to ensure t…