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.