H. B. 4387
(By Delegates Thompson, Campbell, Pethel,
Williams, Stemple, Hall and Azinger)
[Introduced February 3, 2000; referred to the
Committee on Banking and Insurance then Finance.]
A BILL to amend chapter thirty-three of the code of West Virginia,
one thousand nine hundred thirty-one, as amended, by adding
thereto a new article, designated article fifteen-d, relating
to improving health care delivery and access to health care.
Be it enacted by the Legislature of West Virginia:
That chapter thirty-three of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, be amended by adding
thereto a new article, designated article fifteen-d, to read as
ARTICLE 15D. PATIENT ACCESS TO QUALITY HEALTH CARE ACT.
§33-15D-1. Policy provisions.
The Legislature finds that, with the recent development of
organized managed care in this state, citizens have had their
choice of health care providers substantially reduced, and that
critical health care providers in rural areas of the state are in jeopardy. The Legislature further finds that the health and welfare
of the citizens of West Virginia would be improved by a strong
health care delivery system throughout the state and by patient
access to quality health care, enhance the continuity of patient
care, discourage the replacement of experienced providers with
newer providers, and preserve and strengthen the rural health care
§33-15D-2. Scope of article.
The provisions of this article apply to all insurers writing
or issuing accident and sickness policies covered by this chapter,
including hospital service corporations, health service
corporations, medical service corporations, dental service
corporations, third party payers and all state agencies and
departments including, but not limited to, the public employees
insurance agency, workers' compensation insurance and providers of
services under medicare and medicaid.
(a) One or more insurers may offer or administer a health
benefit program under which the insurer or insurers may offer
preferred provider policies or contracts that limit the numbers and
types of providers of health care services eligible for payment as
(b) Any insurer shall establish terms and conditions that
shall be met by a hospital, physician or other health care provider
in order to qualify for payment as a preferred provider under the policies or contracts. These terms and conditions shall not
discriminate unreasonably against or among providers. No hospital,
physician or other health care provider willing to meet the terms
and conditions offered to it, him or her shall be excluded.
NOTE: The purpose of this bill is to lay the foundation for a
strong health care delivery system in all parts of the state.
This article is new; therefore, strike-throughs and
underscoring have been omitted.