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Introduced Version Senate Bill 603 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 603

(By Senator Stollings)

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[Introduced February 28, 2010; referred to the Committee on Health and Human Resources; and then to the Committee on Banking and Insurance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-25G-1 and §33- 25G-2, all relating to requiring a minimum level of health insurance plan coverage to out-of-network health care providers where there is no in-network provider with substantially similar experience relating to a covered condition, treatment or procedure.

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 §33-25G-1 and §33-25G- 2, all to read as follows:
ARTICLE 25G. OUT-OF-NETWORK PROVIDERS.
§33-35G-1. Applicability.
The provisions of this article apply to individual and group health insurance plans issued by accident and sickness insurers; health maintenance organizations; fraternal benefit societies; hospital service corporations; the West Virginia Public Employees Insurance Agency; health-care service corporations; health service corporations; multiple employee trusts; and multiple employer welfare arrangements. The provisions of this article do not apply to persons eligible for coverage under Title IX of the Social Security Act known as Medicaid (42 U.S.C. §1396A et seq.), or for any other similar coverage under state or federal governmental plans.
§33-25G-2. Minimum coverage for out-of network services in certain situations.

A health insurance plan shall provide at least eighty percent of the coverage that is applicable to an in-network provider for a covered condition, treatment or procedure to an out-of-network provider if there is no in-network provider with substantially similar training or experience with regard to the particular condition, treatment or procedure.



NOTE: The purpose of this bill is to require health insurance plans to provide at least eighty percent of the coverage to out-of- network providers that would be provided for services provided by an in-network provider for a given condition, treatment or procedure where there is no in-network provider with substantially similar training or experience with regard to the covered condition, treatment or procedure.


This article is new; therefore, strike-throughs and underscoring have been omitted.
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