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Introduced Version House Bill 4105 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 4105


(By Delegate Kuhn)

[Introduced January 21, 2002; referred to the

Committee on Banking and Insurance then Finance.]





A BILL to amend article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty-two, relating to accident and sickness insurance generally and prohibiting certain insurers from requiring any person covered under a contract to obtain prescription drugs from a mail-order pharmacy in order to obtain benefits for drugs or to pay a fee for using another pharmacy.

Be it enacted by the Legislature of West Virginia:
That article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding a new section, designated section twenty-two, to read as follows:
.
ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.

§33-15-22. Required use of mail-order pharmacy prohibited.
(a) A group medical benefit contract issued by an insurance company, a hospital service corporation, a hospital and medical service corporation, a medical service corporation, a health maintenance organization or a health care center, which provides coverage for prescription drugs, may not require any person covered under a contract to obtain prescription drugs from a mail-order pharmacy in order to obtain benefits for drugs, or to pay an additional fee or be subjected to any other penalty for failing to utilize any mail-order pharmacy designated by the insurance company or other issuing organization.
(b) The insurance commissioner may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to implement and enforce the provisions of this section.

NOTE: The purpose of this bill is to
prohibit certain insurers from requiring any person covered under a contract to obtain prescription drugs from a mail-order pharmacy in order to obtain benefits for drugs or to pay a fee for using another pharmacy.

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