Senate Bill No. 232
(Senators Jackson, Tomblin, Mr. President, Bailey,
Helmick, Chafin, Anderson, Dittmar, Ross,
Fanning, Schoonover, Love, Ball,
Sharpe, Oliverio and Bowman, original sponsors)
[Passed March 12, 1998; in effect ninety days from passage.]
AN ACT 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.