CHAPTER 16. PUBLIC HEALTH.
WVC 16 - 24 -
ARTICLE 24. STATE HEMOPHILIA PROGRAM.
WVC 16 - 24 - 1
As used in this article, "hemophilia" means a person's
bleeding tendency resulting from a genetically determined
deficiency of a clotting factor in the blood.
WVC 16 - 24 - 2
§16-24-2. State hemophilia program established.
The state director of health shall establish and maintain a
state hemophilia program for the care, treatment and other
assistance of all persons in this state suffering from
hemophilia. Such program shall assist such persons who require
continuing treatment of blood and blood derivatives to avoid
crippling, extensive hospitalization and other effects associated
with such condition and shall provide medical care and assistance
for hemophiliacs who are unable to pay for their medical expenses
despite the existence of various types of private and public
insurance programs, government assistance programs or private
charitable assistance programs. The director shall establish
and maintain standards to determine the eligibility of persons
for care, treatment and assistance under the program and for the
supervision of all such care, treatment and assistance provided.
WVC 16 - 24 - 3
§16-24-3. Purpose of article; goal of program.
The purpose of this article and the goal of the program
established by this article is to increase the availability,
accessibility, efficiency and quality of health delivery services
for hemophiliacs in West Virginia and to normalize their life-style to the fullest extent possible.
WVC 16 - 24 - 4
§16-24-4. General program requirements and basic principles.
The director shall organize and maintain the program
established by this article according to the following
(1) The objectives of the program must be realistic and
obtainable and must promote increased quality of life for as many
hemophiliacs in this state as funds permit.
(2) Priority must be given to activities designed to prevent
crippling, reduce the need for hospitalization and normalize to
the maximum extent practicable the life-style of as many
hemophiliacs as possible.
(3) The program must make provision for review by the
director of the quality of treatment being given. Review must
allow consideration of new medical knowledge, changes in federal
and state legislation, rules and regulations and possible
alternative sources of funding to insure full representation and
protection of the hemophiliacs.
(4) Cooperative linkages among providers of services must be
sought and developed. Health care programs must be publicized
(5) Patients and their families must have the freedom of
choice in the type of treatment and the place of delivery.
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§16-24-5. General powers, duties and responsibilities of
director; program coverage.
In carrying out the program established by this article, the
director has the power, duty and responsibility to:
(1) Establish and maintain a roster of persons with
(2) Establish and maintain minimum standards for determining
eligibility for care and treatment under the program, which must
require that any resident hemophiliac may register and
participate in the program even if he chooses to pay the entire
cost of blood and blood products himself;
(3) Identify hemophilia centers in this state that are
interested in creating or expanding a home care program. Such
centers must provide comprehensive services for periodic, at
least annual, review of registered hemophiliacs;
(4) Provide blood products for home care programs, monitor
their usefulness and determine costs of available blood products
and secure such products at the least possible cost to each
(5) Develop a registry of resources for hemophiliacs in West
Virginia and disseminate information thereupon to patients and
the public through educational programs; and
(6) Do all other things, not inconsistent with the
provisions of this article, reasonable and necessary or
convenient to carry out the purpose of this article and achieve
the goal of the state hemophilia program.
WVC 16 - 24 - 6
§16-24-6. Advisory committee on hemophilia.
The director shall appoint an advisory committee on
hemophilia composed of knowledgeable physicians, representatives
of the state chapter of the National Hemophilia Foundation, if
any such chapter is established, patients, parents of patients
and representatives of provider agencies to advise the director
as to the contents and concerns of the program established by
this article and all other pertinent matters of mutual concern.
Such committee shall meet at such times and places as the
director considers necessary or convenient. Each member of the
committee shall be reimbursed for all reasonable and necessary
expenses actually incurred in carrying out his duties pursuant to
WVC 16 - 24 - 7
§16-24-7. Enrollment in program; consent of private physician
Any person meeting the minimum standards for eligibility
prescribed by the director may register in the program
established by this article. A person may be enrolled in the
program only with the consent of his private physician.
WVC 16 - 24 - 8
§16-24-8. When payments for care and treatment of hemophiliacs
may be made by director.
All resources reasonably available to the hemophiliac such
as private insurance, medicaid payments, aid from other state
agency programs and private agency fundings must be used for
payment of medical care for the hemophiliac before any funds
provided pursuant to the state hemophilia program established by
this article are used. Approved participating treatment
centers may be reimbursed for services according to rates
established by the director for that portion of approved care for
the hemophiliac not covered by other insurance or assistance
programs. Where such insurance or other assistance funds are
available, approved treatment centers shall be required by the
director to submit grant requests for such funds. Any center
receiving any moneys from the director under the program
established by this article must accept and comply with the
director's standards hereunder for home care and ongoing patient