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§16-24-1. Definition.
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.

§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.

§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.

§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 requirements:

(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 and promoted.

(5) Patients and their families must have the freedom of choice in the type of treatment and the place of delivery.

§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 hemophilia;

(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 patient;

(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.

§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 this section.

§16-24-7. Enrollment in program; consent of private physician required.
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.

§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 evaluation.

Note: WV Code updated with legislation passed through the 2012 1st Special Session