H. B. 4468

         (By Delegates Ferns, Cann, Fleischauer, Frazier,

            Hall, Iaquinta, Manchin, Michael, Miley,

                         Nelson and Poore)

         [Introduced February 9, 2012; referred to the

         Committee on Banking and Insurance then the Judiciary.]

A BILL to amend and reenact §33-15-14 of the Code of West Virginia, 1931, as amended, relating to prohibiting insurance companies from discriminating against certain health care providers.

Be it enacted by the Legislature of West Virginia:

    That §33-15-14 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.

§33-15-14. Policies discriminating among health care providers.

    Notwithstanding any other provisions of law, when any health insurance policy, health care services plan or other contract provides for the payment of medical expenses, benefits or procedures, such the policy, plan or contract shall be construed to include payment to all health care providers including medical physicians, osteopathic physicians, podiatric physicians, chiropractic physicians, physical therapists, occupational therapists, midwives, and nurse practitioners and their licensed assistants, who provide medical services, benefits or procedures which are within the scope of each respective provider's license. Any limitation or condition placed upon services, diagnoses or treatment by, or payment to any particular type of licensed provider shall apply equally to all types of licensed providers without unfair discrimination as to the usual and customary treatment procedures of any of the aforesaid listed providers.

    NOTE: The purpose of this bill is to prohibit an insurance company for discriminating against occupational therapists and physical therapists.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.