Senate Bill No. 113
(By Senator Fanning)
____________
[Introduced January 13, 2010; referred to the Committee on
Banking and Insurance; and then to the Committee on Finance.]
____________
A BILL to amend and reenact §5-16-7 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto a new
section, designated §33-15-4k; to amend said code by adding
thereto a new section, designated §33-16-3v; to amend said
code by adding thereto a new section, designated §33-24-7k; to
amend said code by adding thereto a new section, designated
§33-25-8i; and to amend said code by adding thereto a new
section, designated §33-25A-8j, all relating to insurance
coverage for acupuncture treatment generally; and providing
insurance coverage under the Public Employees Insurance Act
and certain other insurance policies for acupuncture treatment
performed by a licensed acupuncturist.
Be it enacted by the Legislature of West Virginia:
That §5-16-7 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that said code be amended by adding
thereto a new section, designated §33-15-4k; that said code be
amended by adding thereto a new section, designated §33-16-3v; that said code be amended by adding thereto a new section, designated
§33-24-7k; that said code be amended by adding thereto a new
section, designated §33-25-8i; and that said code be amended by
adding thereto a new section, designated §33-25A-8j, all to read as
follows:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR,
SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD
OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS,
OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-7. Authorization to establish group hospital and surgical
insurance plan, group major medical insurance plan,
group prescription drug plan and group life and
accidental death insurance plan; rules for
administration of plans; mandated benefits; what plans
may provide; optional plans; separate rating for
claims experience purposes.
(a) The agency shall establish a group hospital and surgical
insurance plan or plans, a group prescription drug insurance plan
or plans, a group major medical insurance plan or plans and a group
life and accidental death insurance plan or plans for those
employees herein made eligible, and to establish and promulgate
rules for the administration of these plans, subject to the
limitations contained in this article. Those plans shall include:
(1) Coverages and benefits for X ray and laboratory services
in connection with mammograms when medically appropriate and consistent with current guidelines from the United States
Preventive Services Task Force; pap smears, either conventional or
liquid-based cytology, whichever is medically appropriate and
consistent with the current guidelines from either the United
States Preventive Services Task Force or The American College of
Obstetricians and Gynecologists; and a test for the human papilloma
virus (HPV) when medically appropriate and consistent with current
guidelines from either the United States Preventive Services Task
Force or The American College of Obstetricians and Gynecologists,
when performed for cancer screening or diagnostic services on a
woman age eighteen or over;
(2) Annual checkups for prostate cancer in men age fifty and
over;
(3) Annual screening for kidney disease as determined to be
medically necessary by a physician using any combination of blood
pressure testing, urine albumin or urine protein testing and serum
creatinine testing as recommended by the National Kidney
Foundation;
(4) For plans that include maternity benefits, coverage for
inpatient care in a duly licensed health care facility for a mother
and her newly born infant for the length of time which the
attending physician considers medically necessary for the mother or
her newly born child:
Provided, That no plan may deny payment for
a mother or her newborn child prior to forty-eight hours following
a vaginal delivery, or prior to ninety-six hours following a
caesarean section delivery, if the attending physician considers discharge medically inappropriate;
(5) For plans which provide coverages for post-delivery care
to a mother and her newly born child in the home, coverage for
inpatient care following childbirth as provided in subdivision (4)
of this subsection if inpatient care is determined to be medically
necessary by the attending physician. Those plans may also
include, among other things, medicines, medical equipment,
prosthetic appliances and any other inpatient and outpatient
services and expenses considered appropriate and desirable by the
agency; and
(6) Coverage for treatment of serious mental illness.
(A) The coverage does not include custodial care, residential
care or schooling. For purposes of this section, "serious mental
illness" means an illness included in the American Psychiatric
Association's diagnostic and statistical manual of mental
disorders, as periodically revised, under the diagnostic categories
or subclassifications of: (i) Schizophrenia and other psychotic
disorders; (ii) bipolar disorders; (iii) depressive disorders; (iv)
substance-related disorders with the exception of caffeine-related
disorders and nicotine-related disorders; (v) anxiety disorders;
and (vi) anorexia and bulimia. With regard to any covered
individual who has not yet attained the age of nineteen years,
"serious mental illness" also includes attention deficit
hyperactivity disorder, separation anxiety disorder and conduct
disorder.
(B) Notwithstanding any other provision in this section to the contrary, in the event that the agency can demonstrate that its
total costs for the treatment of mental illness for any plan
exceeded two percent of the total costs for such plan in any
experience period, then the agency may apply whatever additional
cost-containment measures may be necessary, including, but not
limited to, limitations on inpatient and outpatient benefits, to
maintain costs below two percent of the total costs for the plan
for the next experience period.
(C) The agency shall not discriminate between medical-surgical
benefits and mental health benefits in the administration of its
plan. With regard to both medical-surgical and mental health
benefits, it may make determinations of medical necessity and
appropriateness, and it may use recognized health care quality and
cost management tools, including, but not limited to, limitations
on inpatient and outpatient benefits, utilization review,
implementation of cost-containment measures, preauthorization for
certain treatments, setting coverage levels, setting maximum number
of visits within certain time periods, using capitated benefit
arrangements, using fee-for-service arrangements, using third-party
administrators, using provider networks and using patient cost
sharing in the form of copayments, deductibles and coinsurance.
(7) Coverage for general anesthesia for dental procedures and
associated outpatient hospital or ambulatory facility charges
provided by appropriately licensed health care individuals in
conjunction with dental care if the covered person is:
(A) Seven years of age or younger or is developmentally disabled, and is an individual for whom a successful result cannot
be expected from dental care provided under local anesthesia
because of a physical, intellectual or other medically compromising
condition of the individual and for whom a superior result can be
expected from dental care provided under general anesthesia;
(B) A child who is twelve years of age or younger with
documented phobias, or with documented mental illness, and with
dental needs of such magnitude that treatment should not be delayed
or deferred and for whom lack of treatment can be expected to
result in infection, loss of teeth or other increased oral or
dental morbidity and for whom a successful result cannot be
expected from dental care provided under local anesthesia because
of such condition and for whom a superior result can be expected
from dental care provided under general anesthesia;
and
(8) Coverage and benefits for acupuncture treatment performed
by an acupuncturist licensed pursuant to article thirty-six,
chapter thirty of this code.
(b) The agency shall make available to each eligible employee,
at full cost to the employee, the opportunity to purchase optional
group life and accidental death insurance as established under the
rules of the agency. In addition, each employee is entitled to
have his or her spouse and dependents, as defined by the rules of
the agency, included in the optional coverage, at full cost to the
employee, for each eligible dependent; and with full authorization
to the agency to make the optional coverage available and provide
an opportunity of purchase to each employee.
(c) The finance board may cause to be separately rated for
claims experience purposes:
(1) All employees of the State of West Virginia;
(2) All teaching and professional employees of state public
institutions of higher education and county boards of education;
(3) All nonteaching employees of the Higher Education Policy
Commission, West Virginia Council for Community and Technical
College Education and county boards of education; or
(4) Any other categorization which would ensure the stability
of the overall program.
(d) The agency shall maintain the medical and prescription
drug coverage for Medicare eligible retirees by providing coverage
through one of the existing plans or by enrolling the Medicare
eligible retired employees into a Medicare specific plan,
including, but not limited to, the Medicare/Advantage Prescription
Drug Plan. In the event that a Medicare specific plan would no
longer be available or advantageous for the agency and the
retirees, the retirees shall remain eligible for coverage through
the agency.
CHAPTER 33. INSURANCE.
ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.
§33-15-4k. Coverage for acupuncture treatment.
(a) Notwithstanding a provision of any policy, provision,
contract, plan or agreement to which this article applies, any
entity regulated by this article shall, on or after July 1, 2010,
provide as benefits to all subscribers and members coverage for acupuncture treatment performed by an acupuncturist licensed
pursuant to article thirty-six, chapter thirty of this code.
(b) A policy, provision, contract, plan or agreement may apply
to acupuncture treatment the same deductibles, coinsurance and
other limitations as apply to other covered services.
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-3v. Coverage for acupuncture treatment.
(a) Notwithstanding a provision of any policy, provision,
contract, plan or agreement to which this article applies, any
entity regulated by this article shall, on or after July 1, 2010,
provide as benefits to all subscribers and members coverage for
acupuncture treatment performed by an acupuncturist licensed
pursuant to article thirty-six, chapter thirty of this code.
(b) A policy, provision, contract, plan or agreement may apply
to acupuncture treatment the same deductibles, coinsurance and
other limitations as apply to other covered services.
ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE
CORPORATIONS, DENTAL SERVICE CORPORATIONS AND
HEALTH SERVICE CORPORATIONS.
§33-24-7k. Coverage for acupuncture treatment.
(a) Notwithstanding a provision of any policy, provision,
contract, plan or agreement to which this article applies, any
entity regulated by this article shall, on or after July 1, 2010,
provide as benefits to all subscribers and members coverage for
acupuncture treatment performed by an acupuncturist licensed
pursuant to article thirty-six, chapter thirty of this code.
(b) A policy, provision, contract, plan or agreement may apply
to acupuncture treatment the same deductibles, coinsurance and
other limitations as apply to other covered services.
ARTICLE 25. HEALTH CARE CORPORATIONS.
§33-25-8i. Coverage for acupuncture treatment.
(a) Notwithstanding a provision of any policy, provision,
contract, plan or agreement to which this article applies, any
entity regulated by this article shall, on or after July 1, 2010,
provide as benefits to all subscribers and members coverage for
acupuncture treatment performed by an acupuncturist licensed
pursuant to article thirty-six, chapter thirty of this code.
(b) A policy, provision, contract, plan or agreement may apply
to acupuncture treatment the same deductibles, coinsurance and
other limitations as apply to other covered services.
ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-8j. Coverage for acupuncture treatment.
(a) Notwithstanding a provision of any policy, provision,
contract, plan or agreement to which this article applies, any
entity regulated by this article shall, on or after July 1, 2010,
provide as benefits to all subscribers and members coverage for
acupuncture treatment performed by an acupuncturist licensed
pursuant to article thirty-six, chapter thirty of this code.
(b) A policy, provision, contract, plan or agreement may apply
to acupuncture treatment the same deductibles, coinsurance and
other limitations as apply to other covered services.
NOTE: The purpose of this bill is to require health insurance
policies to cover acupuncture treatment performed by a licensed
acupuncturist.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
§33-15-4k, §33-16-3v, §33-24-7k, §33-25-8i and §33-25A-8j are
new; therefore, strike-throughs and underscoring have been omitted.