
H. B. 4363

(By Delegates Fleischauer, Compton, Leach,


Martin, Michael, Facemyer and Beane)

[Introduced February 2, 2000; referred to the

Committee on Government Organization then Finance.]
A BILL to amend and reenact section three, article twenty-five-c,
chapter thirty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
the patients' bill of rights; and providing for notice of
certain subscribers' rights.
Be it enacted by the Legislature of West Virginia:
That section three, article twenty-five-c, chapter
thirty-three of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, be amended and reenacted to read
as follows:
ARTICLE 25C. HEALTH MAINTENANCE ORGANIZATION 2000 PATIENT BILL
OF RIGHTS.
§33-25C-3. Notice of certain subscriber rights.



All managed care plans must provide upon enrollment and
annually thereafter to subscribers, on a form prescribed by the
commissioner and provided to all health maintenance organizations
by the first day of January each year, a notice of certain
subscriber rights. The notice shall address the following areas:



(1) A description of a subscriber's rights and
responsibilities, plan benefits, benefit limitations, premiums,
and individual cost-sharing requirements;




(1) (2) The ability of the subscriber to pursue grievance
and hearing procedures without reprisal from the managed care
plan, along with an explanation of the plan's subscriber
complaint procedure, including the appeals procedure for care
denied, terminated or reduced;




(2) How (3) A description of how the subscriber can obtain
a listing of the plan's provider network, including the names and
credentials of all participating physicians in the network, which
further details how the subscriber may choose providers within
the plan;



(4) The subscriber's right to a consumer's guide which
includes items set forth in section eleven of this article;




(3) (5) The subscriber's right to privacy and confidentiality;




(4) (6) The subscriber's ability to examine and offer
corrections to their his or her own medical records;




(5) (7) The subscriber's right to be informed of plan
policies and any charges for which the subscriber will be
responsible;




(6) (8) The subscriber's ability to obtain evidence of the
medical credentials of a plan provider such as diploma and board
certifications;




(7) (9) The right of subscriber's to have coverage denials
reviewed by appropriate medical professionals consistent with
plan review procedures;



(10) A description of procedures to obtain emergency
services, experimental treatment and out-of-area services;



(11) The right of the subscriber to services under the
"Women's Access to Health Care Act" as set forth in article
forty-two of this chapter;



(12) The right of the enrollee to full disclosure from his
or her health care provider of any information relating to his or
her medical condition or treatment plan, which right may not be
controverted by any contractual clause;



(13) A description of the procedures for obtaining access
to the accreditation report as set forth in section seventeen-a,
article twenty-five-a of this chapter;



(14) The right of the enrollee to emergency services
without prior authorization in accordance with section eight-d,
article twenty-five-a of this chapter, if a prudent person acting
reasonably would have believed that an emergency medical
condition existed;



(15) Any other patient rights mandated by the accreditation
organization provided for in section seventeen-a, article
twenty-five-a of this chapter; and




(8) (16) Any other areas the commissioner may by rule
require.



NOTE: The purpose of this bill is to amend the "Patients'
Bill of Rights" to enhance subscribers rights of notice under
managed health care plans.



Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.



This bill is recommended for passage in the 2000 Regular
Session of the Legislature by the Legislative Oversight
Commission on Health and Human Resources Accountability.