H. B. 4379
(By Delegates Brown, Hatfield, Webster, Leach,
Mahan, Poling, Frich, Spencer, Hrutkay, Longstreth and Rowan)
[Introduced February 3, 2006; referred to the
Committee on Banking and Insurance then the Judiciary.]
A BILL to amend and reenact §33-15-4c of the Code of West Virginia,
1931, as amended, relating to insurance coverage for
mammograms, pap smears and human papillmovavirus.
Be it enacted by the Legislature of West Virginia:
That §33-15-4c of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.
§33-15-4c. Third party reimbursement for mammography, pap smear
or human papillmovavirus testing.
(a) Notwithstanding any provision of any policy, provision,
contract, plan or agreement to which this article applies, whenever
reimbursement or indemnity for laboratory or X-ray services are
covered, reimbursement or indemnification
shall may not be denied
for
mammograms or pap smears any of the following when performed
for cancer screening or diagnostic purposes, at the direction of a person licensed to practice medicine and surgery by the board of
medicine
:
(1) (I) A baseline mammogram for women age thirty-five to
thirty-nine, inclusive;
(2) (ii) A mammogram for women age forty to forty-nine,
inclusive, every two years or more frequently based on the woman's
physician's recommendation;
(3) (iii) a mammogram every year for women age fifty and over;
(4) (2) A pap smear annually or more frequently based on the
women's physician's recommendation, either conventional or
liquid-based cytology, whichever is medically appropriate in the
medical opinion of the woman's physician, annually or more
frequently for women age eighteen or over;
(3) A human papillomavirus (HPV), annually or more frequently
for women aged eighteen or over.
(b) A policy, provision, contract, plan or agreement may
apply to mammograms, or pap smears, or human papillomavirus (HPV),
the same deductibles, coinsurance and other limitations as apply to
other covered services.
NOTE: The purpose of this bill is to provide for insurance
coverage for medically indicated mammograms, pap smears and human
papillmavavirus testing for cancer detection.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.