HB 4597 Text

H. B. 4597

(By Delegates Long and Browning)
[Introduced February 24, 2004; referred to the
Committee on Health and Human Resources then Finance.]

A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-15a, relating to exempting certain prescription drugs from the medicaid preferred drug list, prior authorization requirements and supplemental rebate negotiations.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §9-5-15a, to read as follows:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-15a. Exemptions from medicaid preferred drug list.
The following therapeutic classes of prescription drugs, when duly prescribed by a person authorized to prescribe medicines in this state, shall be available to medicaid patients without restriction, and are exempt from the medicaid preferred drug list, prior authorization requirements incident to the medicaid preferred drug list and supplemental rebate negotiations:
(1) Medications approved by the United States food and drug administration for the treatment of mental illnesses, behavior disorders and disorders of the brain, including, without limitation, schizophrenia, severe depression or bipolar disorder, Alzheimer?s disease or related dementias and epilepsy, and including all atypical antipsychotic medications, conventional antipsychotic medications, selective serotonin reuptake inhibitors and other medications used for the treatment of those illnesses;
(2) Medications approved by the United States food and drug administration for the treatment of human immunodeficiency virus or acquired immune deficiency syndrome, and transplant immunosuppressive medications; and
(3) Medications approved by the United States food and drug administration for the treatment of hepatitis-c.

NOTE: The purpose of this bill is to exempt properly prescribed medicines for the treatment of mental illnesses, Alzheimer?s disease, HIV/aids and hepatitis-C and transplant immunosuppressives medications from the medicaid preferred drug list, prior authorization requirements and supplemental rebate negotiations.

This section is new; therefore, strike-throughs and underscoring have been omitted.

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