Senate Bill No. 312

(By Senators Macnaughtan, Bowman, Blatnik, Grubb, Ross, Anderson, Scott, Wagner, Plymale, Sharpe and Manchin)

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[Introduced February 6, 1996; referred to the Committee on Banking and Insurance.]

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A BILL to amend and reenact chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article fifteen-c, relating to requiring insurance companies to cover the complete treatment and management of diabetes for their insureds to the same extent that they provide coverage for the complete treatment of other diseases.

Be it enacted by the Legislature of West Virginia:
That chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article fifteen-c, to read as follows:
ARTICLE 15C. DIABETES INSURANCE.
§33-15C-1. Legislative findings.
The Legislature finds the following:
1. That persons with diabetes will suffer serious costly long-term health complications such as kidney failure, blindness and coronary disease if they do not maintain their blood sugar concentrations within normal limits;
2. That as a result of diabetes the cost of these long-term health complications currently represents one in every seven health care dollars spent;
3. That with appropriate resources, treatment and training persons with diabetes can effectively manage their diabetes and control their blood sugar concentrations within normal limits; 4. That scientific medical studies have conclusively shown that control of blood sugar concentrations within normal levels results in the elimination or postponement of these long-term disastrous illnesses for persons with diabetes;
5. That studies have consistently shown that the expense incurred for persons with diabetes to control their blood sugar concentrations within normal levels results in health care cost savings greatly in excess of that expense; and
6. That the expense to support persons with diabetes in the management of their condition results not only in health care cost savings but also in substantial improvement in their future health and welfare.
§33-15C-2. Insurance for diabetics.

Except as provided in section six of article fifteen of this chapter, any policy which provides medical coverage that includes coverage for physician services in a physician's office, any policy which provides major medical or similar comprehensive-type coverage and any health insurance policy, including health maintenance organizations, hospitalization insurance and health care insurance shall include coverage for the following equipment and supplies for the treatment and/or management of diabetes for both insulin dependent and non-insulin dependent persons with diabetes and those with gestational diabetes, if recommended or prescribed by a licensed physician or other licensed health care provider: Blood glucose monitors, monitor supplies, insulin, injection aids, syringes, insulin infusion devices, pharmacological agents for controlling blood sugar, orthodics and any additional items as promulgated by rule, pursuant to the provisions of chapter twenty-nine-a of this code, by the insurance commissioner with input from the commissioner of the bureau of public health. All policies affected by the provisions of this section shall also include coverage for diabetes self-management education to ensure that persons with diabetes are educated as to the proper self-management and treatment of their diabetes, including information on proper diets. Coverage for self-management education and education relating to diet shall be limited to visits medically necessary upon the diagnosis of diabetes, where a physician or other licensed or registered health care provider identifies or diagnoses a significant change in the patient's symptoms or conditions that necessitate changes in a patient's self-management, or where reeducation or refresher education is necessary. The education may be provided by the physician or other licensed health care provider as part of an office visit for diabetes diagnosis or treatment, or by a certified diabetes educator certified by a National Diabetes Educator Certification program, or registered dietitian registered by a nationally recognized professional association of dietitians upon the referral of a physician or other licensed health care provider. Coverage for self-management education and education relating to diet shall also include home visits when determined medically necessary by a licensed physician. Any deductible or coinsurance billed for any service as provided in this section shall apply on an equal basis with all other coverages provided by the insurer but not included in this section.

NOTE: The purpose of this bill is to require insurance companies to cover the treatment of diabetes for their insureds on an equal basis with their coverage of other diseases.

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