HB4426 S JUDICIARY AM #1

Baker x7816

    The Committee on the Judiciary moved to amend the bill by striking out everything after the enacting clause and inserting in lieu thereof the following:

    That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §5-16-7f; to amend said code by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section designated §33-16-18; to amend said code by adding thereto a new section, designated §33-16D-17; to amend said code by adding thereto a new section designated §33-24-7l; to amend said code by adding thereto a new section designated §33-25-8i; and to amend said code by adding thereto a new section designated §33-25A-8k, all to read as follows:

CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.

ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

§5-16-7f. Copayments for certain services.

    (a) A policy, provision, contract, plan or agreement subject to this article may not impose a copayment upon an individual for services rendered by a licensed occupational therapist, licensed speech-language pathologist or a licensed physical therapist that is in excess of a copayment imposed upon an individual for the services of a primary care physician or an osteopathic physician.

    (b) As used in this section, “copayment” means a specific dollar amount, or percentage, except as otherwise provided for by statute, that the subscriber must pay upon receipt of covered health care services and which is set at an amount or percentage consistent with allowing subscriber access to health care services.

    (c) The policy, provision, contract, plan or agreement shall clearly state the availability of occupational therapy, speech-language therapy and physical therapy coverage and all related limitations, conditions and exclusions.

CHAPTER 33. INSURANCE.

ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.

§33-15-22. Copayments for certain services.

    (a) A policy, contract, plan or agreement subject to this article may not impose a copayment upon an insured for services rendered by a licensed occupational therapist, licensed speech-language pathologist or a licensed physical therapist that is in excess of a copayment imposed upon the insured for the services of a primary care physician or an osteopathic physician.

    (b) As used in this section, “copayment” means a specific dollar amount, or percentage, except as otherwise provided for by statute, that the subscriber must pay upon receipt of covered health care services and which is set at an amount or percentage consistent with allowing subscriber access to health care services.

    (c) The policy, contract, plan or agreement shall clearly state the availability of occupational therapy, speech-language therapy and physical therapy coverage and all related limitations, conditions and exclusions.

ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.

§33-16-18. Copayments for certain services.

    (a) A group health plan, health benefit plan or network plan subject to this article may not impose a copayment upon an insured for services rendered by a licensed occupational therapist, licensed speech-language pathologist or a licensed physical therapist that is in excess of a copayment imposed upon the insured for the services of a primary care physician or an osteopathic physician.

    (b) As used in this section, “copayment” means a specific dollar amount, or percentage, except as otherwise provided for by statute, that the subscriber must pay upon receipt of covered health care services and which is set at an amount or percentage consistent with allowing subscriber access to health care services.

    (c) The group health plan, health benefit plan or network plan shall clearly state the availability of occupational therapy, speech-language therapy and physical therapy coverage and all related limitations, conditions and exclusions.

ARTICLE 16D. MARKETING AND RATE PRACTICES FOR SMALL EMPLOYER ACCIDENT AND SICKNESS INSURANCE POLICIES.

§33-16D-17. Copayments for certain services.

    (a) A group health plan, health benefit plan or network plan subject to this article may not impose a copayment upon an insured for services rendered by a licensed occupational therapist, licensed speech-language pathologist or a licensed physical therapist that is in excess of a copayment imposed upon the insured for the services of a primary care physician or an osteopathic physician.

    (b) As used in this section, “copayment” means a specific dollar amount, or percentage, except as otherwise provided for by statute, that the subscriber must pay upon receipt of covered health care services and which is set at an amount or percentage consistent with allowing subscriber access to health care services.

    (c) The group health plan, health benefit plan or network plan shall clearly state the availability of occupational therapy, speech-language therapy and physical therapy coverage under its plan and all related limitations, conditions and exclusions.

ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE                  CORPORATIONS, DENTAL SERVICE CORPORATIONS AND                  HEALTH SERVICE CORPORATIONS.

§33-24-7l. Copayments for certain services.

    (a) A policy, provision, contract, plan or agreement subject to this article may not impose a copayment upon a subscriber for services rendered by a licensed occupational therapist, licensed speech-language pathologist or a licensed physical therapist that is in excess of a copayment imposed upon a subscriber for the services of a primary care physician or an osteopathic physician.

    (b) As used in this section, “copayment” means a specific dollar amount, or percentage, except as otherwise provided for by statute, that the subscriber must pay upon receipt of covered health care services and which is set at an amount or percentage consistent with allowing subscriber access to health care services.

    (c) The policy, provision, contract, plan or agreement shall clearly state the availability of occupational therapy, speech-language therapy and physical therapy coverage and all related limitations, conditions and exclusions.

ARTICLE 25. HEALTH CARE CORPORATIONS.

§33-25-8i. Copayments for certain services.

    (a) A policy, provision, contract, plan or agreement subject to this article may not impose a copayment upon a subscriber or member for services rendered by a licensed occupational therapist, licensed speech-language pathologist or a licensed physical therapist that is in excess of a copayment imposed upon a subscriber or member for the services of a primary care physician or an osteopathic physician.

    (b) As used in this section, “copayment” means a specific dollar amount, or percentage, except as otherwise provided for by statute, that the subscriber must pay upon receipt of covered health care services and which is set at an amount or percentage consistent with allowing subscriber access to health care services.

    (c) The policy, provision, contract, plan or agreement shall clearly state the availability of occupational therapy, speech-language therapy and physical therapy coverage and all related limitations, conditions and exclusions.

ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.

§33-25A-8k. Copayments for certain services.

    (a) A policy, provision, contract, plan or agreement subject to this article may not impose a copayment upon a subscriber or member for services rendered by a licensed occupational therapist, licensed speech-language pathologist or a licensed physical therapist that is in excess of a copayment imposed upon a subscriber or member for the services of a primary care physician or an osteopathic physician.

    (b) As used in this section, “copayment” means a specific dollar amount, or percentage, except as otherwise provided for by statute, that the subscriber must pay upon receipt of covered health care services and which is set at an amount or percentage consistent with allowing subscriber access to health care services.

    (c) The policy, provision, contract, plan or agreement shall clearly state the availability of occupational therapy, speech-language therapy and physical therapy coverage and all related limitations, conditions and exclusions.

Adopted

Rejected