H. B. 2907
(By Delegates Staton, Perdue, Compton,
Douglas, Leach, Beane and Trump)
[Introduced March 19, 2001; referred to the
Committee on Banking and Insurance then Finance.]
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 seven-c,
relating to mandated coverage under the public employees
insurance act for early detection cancer tests.
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
seven-c, to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-7c. Additional mandated benefits; third-party reimbursement
for cancer examination and laboratory testing.
(a) The Legislature finds that a compelling public interest
exists in making available routine cancer detection testing due to the enormous social and economic cost in providing care to
persons afflicted with various advanced forms of cancer which, if
having been detected earlier, would present a much greater
likelihood of successful treatment and, at lower cost.
(b) Notwithstanding any provision of any policy, provision,
contract, plan or agreement applicable to this article,
reimbursement or indemnification for cancer examinations and
laboratory testing on a regular basis may not be denied any
employee or their dependants: Provided, That while it is not
required that an employee or his or her dependants be symptomatic
for cancer, the regularity and depth of the examination and
laboratory testing is within the sound discretion of the employee's
or dependants' primary physician concerning what the physician
believes is medically reasonable relative to the regularity and
depth of testing.
NOTE: The purpose of this bill is to require PEIA to cover
routine cancer detection testing to nonsymptomatic employees and
their dependants.
This section is new; therefore, strike-throughs and
underscoring have been omitted.