H. B. 4597
(By Delegates Long and Browning)
[Introduced February 24, 2004; 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 section, designated §9-5-15a, relating to
exempting certain prescription drugs
from the medicaid
preferred drug list,
prior authorization requirements and
supplemental rebate negotiations.
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 section, designated §9-5-15a, to read as
follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-15a. Exemptions from medicaid preferred drug list.
The following therapeutic classes of prescription drugs, when
duly prescribed by a person authorized to prescribe medicines in
this state, shall be available to medicaid patients without
restriction, and are exempt from the medicaid preferred drug list, prior authorization requirements incident to the medicaid preferred
drug list and supplemental rebate negotiations:
(1) Medications approved by the United States food and drug
administration for the treatment of mental illnesses, behavior
disorders and disorders of the brain, including, without
limitation, schizophrenia, severe depression or bipolar disorder,
Alzheimer?s disease or related dementias and epilepsy, and
including all atypical antipsychotic medications, conventional
antipsychotic medications, selective serotonin reuptake inhibitors
and other medications used for the treatment of those illnesses;
(2) Medications approved by the United States food and drug
administration for the treatment of human immunodeficiency virus or
acquired immune deficiency syndrome, and transplant
immunosuppressive medications; and
(3) Medications approved by the United States food and drug
administration for the treatment of hepatitis-c.
NOTE: The purpose of this bill is to
exempt properly
prescribed medicines for the treatment of mental illnesses,
Alzheimer?s disease, HIV/aids and hepatitis-C and transplant
immunosuppressives medications from the medicaid preferred drug
list, prior authorization requirements and supplemental rebate
negotiations.
This section is new; therefore, strike-throughs and
underscoring have been omitted.