Introduced Version
House Bill 2168 History
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Key: Green = existing Code. Red = new code to be enacted
H. B. 2168
(By Delegates Ferns, Fleischauer, Iaquinta,
Manchin, Miley and Poore)
[Introduced February 13, 2013; 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, to amend and reenact
§33-16-10 of said code;
to amend and reenact
§33-24-43 of said code;
to amend and
reenact
§33-25-20 of said code; and
to amend and reenact
§33-25A-31 of said code, all
relating to permitting physical
therapists, occupational therapists and
the licensed
assistants
of nurse practitioners as being health care
providers
for
insurance payment purposes; and prohibiting
healthcare providers from discriminating, in any manner,
against or refuse to treat any person based upon the manner by
which that person became injured or sick.
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; that §33-16-10 of said code be amended and
reenacted; that §33-24-43 of said code be amended and reenacted;
that §33-25-20 of said code be amended and reenacted; and that §33-25A-31 of said code be amended and reenacted, all
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, but not
limited to, 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
and so long as the healthcare provider does not
discriminate, in any manner, against or refuse to treat any person
based upon the manner by which that person became injured or sick
.
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 providers.
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-10. 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 policy, plan or contract shall be construed to
include payment to all health care providers including
, but not
limited to,
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
and so long as the healthcare provider does not
discriminate, in any manner, against or refuse to treat any person
based upon the manner by which that person became injured or sick
.
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 providers.
ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE
CORPORATIONS, DENTAL SERVICE CORPORATIONS AND
HEALTH SERVICE CORPORATIONS.
§33-24-43. 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 policy, plan or contract shall be construed to
include payment to all health care providers including
, but not
limited to,
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
and so long as the healthcare provider does not
discriminate, in any manner, against or refuse to treat any person
based upon the manner by which that person became injured or sick
.
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 providers.
ARTICLE 25. HEALTH CARE CORPORATION.
§33-25-20. Policies discriminating among health care providers.
Notwithstanding any other provisions of0 law, when any health
insurance policy, health care services plan or other contract
provides for the payment of medical expenses, benefits or
procedures, such policy, plan or contract shall be construed to
include payment to all health care providers including
, but not limited to,
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
and so long as the healthcare provider does not
discriminate, in any manner, against or refuse to treat any person
based upon the manner by which that person became injured or sick
.
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 providers.
ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-31. 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 policy, plan or contract shall be construed to
include payment to all health care providers including
, but not
limited to,
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
and so long as the healthcare provider does not
discriminate, in any manner, against or refuse to treat any person
based upon the manner by which that person became injured or sick
.
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 providers.
NOTE: The purpose of this bill is to specifically include
physical therapists, occupational therapists
and
the licensed
assistants
of nurse practitioners as being health care providers
for
insurance payment purposes. The bill prohibits healthcare providers
from discriminating, in any manner, against or refuse to treat any
person based upon the manner by which that person became injured or
sick.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.