
ENGROSSED
H. B. 4566



(By Mr. Speaker, Mr. Kiss, and Delegates
Leach, Mezzatesta, Douglas, Trump, Staton and Beane)

[Introduced February 17, 2000; referred to the

Committee on Banking and Insurance then Finance.]
A BILL to amend and reenact section seven, article sixteen,
chapter five of the code of West Virginia, one thousand nine
hundred thirty-one, as amended; to amend article fifteen,
chapter thirty-three of said code by adding thereto a new
section, designated section four-f; to amend article sixteen
of said chapter by adding thereto a new section, designated
section three-o; to amend article twenty-four of said
chapter by adding thereto a new section, designated section
seven-f; to amend article twenty-five of said chapter by
adding thereto a new section, designated section eight-e;
and to amend article twenty-five-a of said chapter by adding
thereto a new section, designated section eight-e, all
relating to requiring insurance companies that provide
health care coverage to provide for colorectal cancer
examinations and laboratory tests for colorectal cancer.
Be it enacted by the Legislature of West Virginia:
That article fifteen of chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as amended,
be amended by adding thereto a new section four-f; that article
sixteen of said chapter be amended by adding thereto a new
section three-o; and that article twenty-four of said chapter be
amended by adding thereto a new section seven-f; that article
twenty-five of said chapter be amended by adding thereto a new
section eight-e; that article twenty-five-a of said chapter be
amended by adding thereto a new section eight-e, all to read as
follows:
CHAPTER 33. INSURANCE.
ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.
§33-15-4f. Third party reimbursement for colorectal cancer
examination and laboratory testing.


(a) Notwithstanding any provision of any policy, provision,
contract, plan or agreement applicable to this article,
reimbursement or indemnification for colorectal cancer
examinations and laboratory testing may not be denied for any
nonsymptomatic person fifty years of age or older, or a
symptomatic person under fifty years of age, when reimbursement
or indemnity for laboratory or X ray services are covered under
the policy and are performed for colorectal cancer screening or
diagnostic purposes at the direction of a person licensed to practice medicine and surgery by the board of medicine. The tests
are as follows: an annual fecal occult blood, a flexible
sigmoidoscopy repeated every five years, a colonoscopy repeated
every ten years, and a double contract barium repeated every five
years.


(b) A symptomatic person is defined as: (i) an individual
who experiences a change in bowel habits, rectal bleeding or
stomach cramps that are persistent, or (ii) an individual who
poses a higher than average risk for colorectal cancer because he
or she has had colorectal cancer or polyps, inflammatory bowel
disease, or an immediate family history of such conditions.


(c) The same deductibles, coinsurance, network restrictions
and other limitations for covered services found in the policy,
provision, contract, plan or agreement of the covered person may
apply to colorectal cancer examinations and laboratory testing.
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-3o. Third party reimbursement for colorectal cancer
examination and laboratory testing.
(a) Notwithstanding any provision of any policy, provision,
contract, plan or agreement applicable to this article,
reimbursement or indemnification for colorectal cancer
examinations and laboratory testing may not be denied for any
nonsymptomatic person fifty years of age or older, or a
symptomatic person under fifty years of age, when reimbursement or indemnity for laboratory or X ray services are covered under
the policy and are performed for colorectal cancer screening or
diagnostic purposes at the direction of a person licensed to
practice medicine and surgery by the board of medicine. The tests
are as follows: an annual fecal occult blood, a flexible
sigmoidoscopy repeated every five years, a colonoscopy repeated
every ten years, and a double contract barium repeated every five
years.
(b) A symptomatic person is defined as: (i) an individual
who experiences a change in bowel habits, rectal bleeding or
stomach cramps that are persistent, or (ii) an individual who
poses a higher than average risk for colorectal cancer because he
or she has had colorectal cancer or polyps, inflammatory bowel
disease, or an immediate family history of such conditions.
(c) The same deductibles, coinsurance, network restrictions
and other limitations for covered services found in the policy,
provision, contract, plan or agreement of the covered person may
apply to colorectal cancer examinations and laboratory testing.
ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE




CORPORATIONS, DENTAL SERVICE CORPORATIONS AND




HEALTH SERVICE CORPORATIONS.
§33-24-7f. Third party reimbursement for colorectal cancer
examination and laboratory testing.
(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article,
reimbursement or indemnification for colorectal cancer
examinations and laboratory testing may not be denied for any
nonsymptomatic person fifty years of age or older, or a
symptomatic person under fifty years of age, when reimbursement
or indemnity for laboratory or X ray services are covered under
the policy and are performed for colorectal cancer screening or
diagnostic purposes at the direction of a person licensed to
practice medicine and surgery by the board of medicine. The tests
are as follows: an annual fecal occult blood, a flexible
sigmoidoscopy repeated every five years, a colonoscopy repeated
every ten years, and a double contract barium repeated every five
years.
(b) A symptomatic person is defined as: (i) an individual
who experiences a change in bowel habits, rectal bleeding or
stomach cramps that are persistent, or (ii) an individual who
poses a higher than average risk for colorectal cancer because he
or she has had colorectal cancer or polyps, inflammatory bowel
disease, or an immediate family history of such conditions.
(c) The same deductibles, coinsurance, network restrictions
and other limitations for covered services found in the policy,
provision, contract, plan or agreement of the covered person may
apply to colorectal cancer examinations and laboratory testing.
ARTICLE 25. HEALTH CARE CORPORATIONS.
§33-25-8e. Third party reimbursement for colorectal cancer
examination and laboratory testing.
(a) Notwithstanding any provision of any policy, provision,
contract, plan or agreement applicable to this article,
reimbursement or indemnification for colorectal cancer
examinations and laboratory testing may not be denied for any
nonsymptomatic person fifty years of age or older, or a
symptomatic person under fifty years of age, when reimbursement
or indemnity for laboratory or X ray services are covered under
the policy and are performed for colorectal cancer screening or
diagnostic purposes at the direction of a person licensed to
practice medicine and surgery by the board of medicine. The tests
are as follows: an annual fecal occult blood, a flexible
sigmoidoscopy repeated every five years, a colonoscopy repeated
every ten years, and a double contract barium repeated every five
years.
(b) A symptomatic person is defined as: (i) an individual
who experiences a change in bowel habits, rectal bleeding or
stomach cramps that are persistent, or (ii) an individual who
poses a higher than average risk for colorectal cancer because he
or she has had colorectal cancer or polyps, inflammatory bowel
disease, or an immediate family history of such conditions.
(c) The same deductibles, coinsurance, network restrictions
and other limitations for covered services found in the policy, provision, contract, plan or agreement of the covered person may
apply to colorectal cancer examinations and laboratory testing.
ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-8e. Third party reimbursement for colorectal cancer
examination and laboratory testing.
(a) Notwithstanding any provision of any policy, provision,
contract, plan or agreement applicable to this article,
reimbursement or indemnification for colorectal cancer
examinations and laboratory testing may not be denied for any
nonsymptomatic person fifty years of age or older, or a
symptomatic person under fifty years of age, when reimbursement
or indemnity for laboratory or X ray services are covered under
the policy and are performed for colorectal cancer screening or
diagnostic purposes at the direction of a person licensed to
practice medicine and surgery by the board of medicine. The tests
are as follows: an annual fecal occult blood, a flexible
sigmoidoscopy repeated every five years, a colonoscopy repeated
every ten years, and a double contract barium repeated every five
years.
(b) A symptomatic person is defined as: (i) an individual
who experiences a change in bowel habits, rectal bleeding or
stomach cramps that are persistent, or (ii) an individual who
poses a higher than average risk for colorectal cancer because he
or she has had colorectal cancer or polyps, inflammatory bowel disease, or an immediate family history of such conditions.
(c) The same deductibles, coinsurance, network restrictions
and other limitations for covered services found in the policy,
provision, contract, plan or agreement of the covered person may
apply to colorectal cancer examinations and laboratory testing.