ENGROSSED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 232
(By Senators Jackson, Tomblin, Mr. President, Bailey, Helmick, Chafin, Anderson, Dittmar, Ross, Kessler, Fanning, Schoonover, Love, Ball, Sharpe, Oliverio and Bowman)
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[Originating in the Committee on Select Committee on
Public Employees' Insurance;

reported March 4, 1998.]
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A BILL to amend article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty- eight, relating to prohibiting plans offered by the public employees insurance agency from making certain changes in their drug formulary during a plan year and requiring notice of changes prior to beginning of plan year in which such changes will be effective, to allow members to change plans.

Be it enacted by the Legislature of West Virginia:
That article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-eight, to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-28. Drug formulary change.
Any plan offered by the agency, including the medical indemnity plan and the managed care plan options, shall not delete any item from its drug formulary during a plan year. Any such changes to a drug formulary shall be made only as of the beginning of the next plan year: Provided, That a minimum of thirty days' written notice of such intended change is provided to its members prior to the open enrollment period, to allow members to change plans during the open enrollment period.