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Introduced Version House Bill 2563 History

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hb2563 intr
H. B. 2563


(By Delegates Perdue, Hall and Long)
[Introduced February 21, 2005; referred to the
Committee on Health and Human Resources then the Judiciary.]




A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4E-1 and §9-4E-2, all relating to exempting physicians from obtaining medicaid preauthorization before dispensing or prescribing immunosuppressives or medications for treatment of cancer, human immunodeficiency virus, acquired immune deficiency syndrome, or hepatitis C or in order to avoid catastrophic results from inadequate and untimely treatment; and providing findings by the Legislature.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §9-4E-1 and §9-4E-2, all to read as follows:
ARTICLE 4E. MEDICAID PREAUTHORIZATION EXEMPTIONS.

§9-4E-1. Findings.
The Legislature hereby makes the following findings:
(a) Patients who are medicaid recipients and who suffer from cancer, human immunodeficiency virus, acquired immune deficiency syndrome or hepatitis C or who are in need of immunosuppressives as a result of organ transplants have the least means to obtain proper medications to control their illnesses.
(b) These medicaid recipients, if not promptly treated and maintained on effective medications, will, by the very nature of their illnesses, suffer greatly and may require increased medical care, including prolonged hospitalization, all of which may result in increased costs to society as a whole.
(c) Modern scientific medical data has established that failure to promptly treat cancer, the human immunodeficiency virus, acquired immune deficiency syndrome and hepatitis C and the failure to use effective immunosuppressives during and after organ transplants may result in increased suffering on the part of the patients, the early or unnecessary loss of the patients' lives, increased costs of medical care, and increased emotional, physical, financial and societal costs.
(d) It is ethically imperative that the physicians who treat medicaid recipient patients with cancer, human immunodeficiency virus, acquired immune deficiency syndrome or hepatitis C or patients who are in need of immunosuppressives before, during and after transplant operations have the unfettered ability to promptly medically intervene in treating these patients and to continue proven medications for those patients.
§9-4E-2. Preauthorization exemption for physicians prescribing immunosuppressives or medications for treatment of cancer, human immunodeficiency virus, acquired immune deficiency syndrome or hepatitis C.

Any physician licensed in this state who treats a medicaid recipient patient suffering from cancer, human immunodeficiency virus, acquired immune deficiency syndrome or hepatitis C or who treats a medicaid recipient patient in need of transplant immunosuppressives may prescribe any medications approved by the Food and Drug Administration that are needed to treat the patient without the requirement of any preauthorization procedure otherwise required by any other provision of this chapter.


NOTE: The purpose of this bill is
to exempt certain physicians from obtaining medicaid preauthorization before dispensing or prescribing immunosuppressives or medications for treatment of cancer, human immunodeficiency virus, acquired immune deficiency syndrome, or hepatitis C or who are in need of transplant immunosuppressives.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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