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Introduced Version House Bill 2907 History

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Key: Green = existing Code. Red = new code to be enacted


H. B. 2907


(By Delegates Staton, Perdue, Compton,
Douglas, Leach, Beane and Trump)
[Introduced March 19, 2001; referred to the
Committee on Banking and Insurance then Finance.]



A BILL to amend article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section seven-c, relating to mandated coverage under the public employees insurance act for early detection cancer tests.

Be it enacted by the Legislature of West Virginia:
That article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section seven-c, to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-7c. Additional mandated benefits; third-party reimbursement for cancer examination and laboratory testing.

(a) The Legislature finds that a compelling public interest exists in making available routine cancer detection testing due to the enormous social and economic cost in providing care to persons afflicted with various advanced forms of cancer which, if having been detected earlier, would present a much greater likelihood of successful treatment and, at lower cost.
(b) Notwithstanding any provision of any policy, provision, contract, plan or agreement applicable to this article, reimbursement or indemnification for cancer examinations and laboratory testing on a regular basis may not be denied any employee or their dependants: Provided, That while it is not required that an employee or his or her dependants be symptomatic for cancer, the regularity and depth of the examination and laboratory testing is within the sound discretion of the employee's or dependants' primary physician concerning what the physician believes is medically reasonable relative to the regularity and depth of testing.


NOTE: The purpose of this bill is to require PEIA to cover routine cancer detection testing to nonsymptomatic employees and their dependants.

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