H. B. 2431

(By Mr. Speaker, Mr. Kiss, and Delegates
Williams, Douglas, Fleischauer,

Compton,

Pettit

and Warner)


[Introduced January 14, 1998; referred to the
Committee on Banking and Insurance then Government Organization.]

A BILL to amend 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 forty-one, relating to women's access to health care; enacting the "Women's Access To Health Care Act"; defining terms; stating legislative findings and purpose; requiring providers of health benefits policies to provide coverage for direct access to women's health care providers and specified services without referral or additional deductibles or copayments; requiring disclosure of female enrollees' rights to direct access to certain health care services, disclosure of certain exclusions from coverage, and disclosure of right to limit coverage to medically necessary and appropriate services; prohibiting certain cost-sharing; permitting limitations on the number of women's health care providers in a network under certain conditions; providing a short title; and providing for an effective date.

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 forty-one, to read as follows:
ARTICLE 41. WOMEN'S ACCESS TO HEALTH CARE ACT.

§33-41-1. General provisions.

For purposes of this article:
(1) "Women's health care provider" means an obstetrician/gynecologist or certified nurse-midwife practicing within the lawful scope of a health care practice that is devoted to providing health care services to women throughout their lives.
(2) "Health benefit policy" means any individual or group plan, policy or contract for health care services issued, delivered, issued for delivery, or renewed in this state by a health care corporation, health maintenance organization, accident and sickness insurer, fraternal benefit society, nonprofit hospital service corporation, nonprofit medical service corporation or similar entity.
§33-41-2. Legislative findings and purpose.

The Legislature of West Virginia hereby finds and declares that delivery of health care services for women has been proven to be variable from that of men and, in consequence thereof, enacts this article with the purpose of providing for the improved delivery and accessibility of health care services to women in this state.
§33-41-3. Required coverage.

No health benefits policy that covers hospital, medical or surgical expenses may require as a condition to the coverage of the services of a women's health care provider that an enrollee, subscriber or insured first obtain a referral from another physician. Services covered by this section are limited to those services specified in the published recommendation of the accreditation council for graduate medical education for training as an obstetrician/gynecologist for physicians or the American college of nurse-midwives' core competencies for nurse-midwives. These services include diagnosis, treatment and referral.
§33-41-4. Required disclosure.

Every health benefits policy that is issued, delivered, issued for delivery or renewed in this state on or after the first day of July, one thousand nine hundred ninety-seven, shall disclose in writing to enrollees, subscribers and insureds, in clear and accurate language, the female enrollee's right of direct access to a women's health care provider of her choice. The information required to be disclosed shall include, at a minimum, any specific women's health care services that are excluded from coverage and the health benefits policy's right to limit coverage to medically necessary and appropriate women's health care services.
§33-41-5. Certain cost-sharing prohibited.

No health benefits policy may impose additional copayments or deductibles for female enrollees' direct access to in-network, participating women's health care providers unless the same additional cost-sharing is imposed for other types of health care services not delineated in this article.
§33-41-6. Limitation on number of women's health care providers.

A health benefits policy may limit the number of women's health care providers in a network: Provided, That a sufficient number of providers are available to serve a defined population or geographic service area so that female enrollees will have direct and timely access to women's health care providers.
§33-41-7. Short title.

This article may be known and shall be cited as the "Women's Access To Health Care Act."

NOTE: The purpose of this bill is to enact the Women's Access to Health Care Act.

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