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Introduced Version House Bill 4272 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4272


(By Delegates Fleischauer, Brown, Doyle,

Guthrie, Hatfield, Hunt, Miley, Moore,

Perdue, Poore and Staggers)

[Introduced February 2, 2010; referred to the

Committee on Banking and Insurance then the Judiciary.]



A BILL to amend and reenact §33-16E-2 of the Code of West Virginia, 1931, as amended, relating to expanding the applicability of Prescription Fairness Act requirements to dependants covered by health insurance for contraceptive coverage by health insurance plans.

Be it enacted by the Legislature of West Virginia:
That
§33-16E-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 16E. CONTRACEPTIVE COVERAGE.
§33-16E-2. Definitions.
For the purposes of this article, these definitions are applicable unless a different meaning clearly appears from the context.
(1) "Contraceptives" means drugs or devices approved by the food and drug administration to prevent pregnancy.
(2) "Covered person" means the policyholder, subscriber, certificate holder, enrollee or other individual who is participating in, or receiving coverage under a health insurance plan. For the purposes of this article, covered person does not include a dependent child.
(3) "Health insurance plan" means benefits consisting of medical care provided directly, through insurance or reimbursement, or indirectly, including items and services paid for as medical care, under any hospital or medical expense incurred policy or certificate; hospital, medical or health service corporation contract; health maintenance organization contract; fraternal benefit society contract; plan provided by a multiple-employer trust or a multiple-employer welfare arrangement; or plan provided by the West Virginia Public Employees Insurance Agency pursuant to article sixteen, chapter five of this code.
(4) "Outpatient contraceptive services" means consultations, examinations, procedures and medical services, provided on an outpatient basis and related to the use of prescription contraceptive drugs and devices to prevent pregnancy issued under a health insurance plan that provides benefits for prescription drugs or prescription devices in a prescription drug plan.
(5) "Religious employer" is an entity whose sincerely held religious beliefs or sincerely held moral convictions are central to the employer's operating principles, and the entity is an organization listed under 26 U.S.C. 501 (c)(3), 26 U.S.C. 3121, or listed in the Official Catholic Directory published by P.J. Kennedy and Sons.



NOTE: The purpose of this bill is to expand applicability of Prescription Fairness Act requirements to dependants covered by health insurance for contraceptive coverage by health insurance plans.

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