West Virginia 2022 Regular Session

West Virginia Senate Bill SB169

Introduced
1/12/22  

Caption

Prohibiting insurers from denying coverage as result of pre-existing condition

Impact

The legislation will substantially affect the health insurance landscape in West Virginia by removing barriers that prevent individuals with prior medical conditions from obtaining necessary coverage. If the provisions of the federal Affordable Care Act (ACA) become unenforceable, this bill will provide a critical safeguard to maintain access to insurance for vulnerable populations. It aims to ensure that individuals who have historically struggled to secure health insurance due to pre-existing health conditions are provided with a pathway to obtain coverage.

Summary

Senate Bill 169 aims to amend the West Virginia Code focusing specifically on accident and sickness insurance coverage. Its primary objective is to mandate that insurers provide coverage for individuals with pre-existing conditions, ensuring that no applicant can be denied insurance based on their medical history. The bill outlines the conditions under which rates can vary, including the size of the family or individual coverage, geographical location, age (with specific restrictions), and tobacco use, while emphasizing that individuals with pre-existing conditions must be accepted regardless of their health status.

Sentiment

The reception of SB 169 has been largely favorable among advocacy groups and those advocating for healthcare rights, as it supports a healthcare model that prioritizes accessibility and non-discrimination in insurance coverage. However, some opposition may arise particularly from insurers who might be concerned about the implications of accepting higher-risk individuals without denying coverage due to pre-existing conditions, which could affect their financial metrics.

Contention

A notable point of contention within the bill is its reliance on the condition that the provisions of the ACA must become non-enforceable for SB 169 to take effect. This could spark a debate regarding the role of state versus federal government in regulating health insurance and whether state provisions should fill gaps left by federal laws. Although the bill seeks to ensure nondiscriminatory practices in health coverage, the potential financial repercussions for insurers and the overall healthcare market may lead to discussions about the sustainability of these provisions in the long term.

Companion Bills

No companion bills found.

Previously Filed As

WV SB0469

Insurance: health insurers; prohibition on denying or conditioning coverage of a Medicare supplement policy; expand. Amends sec. 3829 of 1956 PA 218 (MCL 500.3829).

WV ACR113

Amends Constitution to prohibit denial of coverage by certain health insurers based on preexisting conditions.

WV SB1306

Prescription drugs; prohibiting insurer from modifying coverage under certain conditions; providing civil penalty; promulgating rules. Effective date.

WV HB654

Insurance; prohibit insurers from conditioning the payment of any medical test or procedure or prescription drug benefit on prior authorization

WV HB774

Requiring Medicare supplemental policies to cover pre-existing conditions.

WV SF197

A bill for an act relating to insurance coverage for prescription drugs used in the treatment of metastatic cancer and associated conditions.

WV SB53

In casualty insurance, further providing for conditions subject to which policies are to be issued and for health insurance coverage for certain children of insured parents.

WV HB404

In casualty insurance, further providing for conditions subject to which policies are to be issued and for health insurance coverage for certain children of insured parents.

WV HB231

Insurance; coverage of complementary and alternative therapies under certain conditions; provide

WV HB05374

An Act Concerning Health Coverage Mandates For Certain Health Conditions.

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