H. B. 2706
(By Delegates Sobonya, Rowan and C. Miller)
[Introduced January 13, 2010; referred to the
Committee on Health and Human Resources then Finance.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §9-4E-1 and §9-4E-2,
all relating to exempting physicians from obtaining Medicaid
preauthorization before dispensing or prescribing
immunosuppressives or medications for treatment of cancer,
human immunodeficiency virus, acquired immune deficiency
syndrome or hepatitis C in order to avoid catastrophic results
from inadequate and untimely treatment; and providing findings
by the Legislature.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §9-4E-1 and §9-4E-2,
all to read as follows:
ARTICLE 4E. MEDICAID PREAUTHORIZATION EXEMPTIONS.
§9-4E-1. Findings.
The Legislature hereby makes the following findings:
(a) Patients who are Medicaid recipients and who suffer from
cancer, human immunodeficiency virus, acquired immune deficiency
syndrome or hepatitis C or who are in need of immunosuppressives as
a result of organ transplants have the least means to obtain proper
medications to control their illnesses.
(b) These Medicaid recipients, if not promptly treated and
maintained on effective medications, will, by the very nature of
their illnesses, suffer greatly and may require increased medical
care, including prolonged hospitalization, all of which may result
in increased costs to society as a whole.
(c) Modern scientific medical data has established that
failure to promptly treat cancer, the human immunodeficiency virus,
acquired immune deficiency syndrome and hepatitis C and the failure
to use effective immunosuppressives during and after organ
transplants may result in increased suffering on the part of the
patients, the early or unnecessary loss of the patients' lives,
increased costs of medical care and increased emotional, physical,
financial and societal costs.
(d) It is ethically imperative that the physicians who treat
Medicaid recipient patients with cancer, human immunodeficiency
virus, acquired immune deficiency syndrome or hepatitis C or
patients who are in need of immunosuppressives before, during and
after transplant operations have the unfettered ability to promptly medically intervene in treating these patients and to continue
proven medications for those patients.
§9-4E-2. Preauthorization exemption for physicians prescribing
immunosuppressives or medications for treatment of
cancer, human immunodeficiency virus, acquired immune
deficiency syndrome or hepatitis C.
Any physician licensed in this state who treats a Medicaid
recipient patient suffering from cancer, human immunodeficiency
virus, acquired immune deficiency syndrome or hepatitis C or who
treats a Medicaid recipient patient in need of transplant
immunosuppressives may prescribe any medications approved by the
Food and Drug Administration that are needed to treat the patient
without the requirement of any preauthorization procedure otherwise
required by any other provision of this chapter.
NOTE: The purpose of this bill is to exempt certain physicians
from obtaining Medicaid preauthorization before dispensing or
prescribing immunosuppressives or medications for treatment of
cancer, human immunodeficiency virus, acquired immune deficiency
syndrome or hepatitis C or who are in need of transplant
immunosuppressives.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.