West Virginia Code § 16-51-4

Drug manufacturers; availability of investigational drugs, biological
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products or devices; costs; insurance coverage.
(a) A manufacturer of an investigational drug, biological product or device may make
available the manufacturer's investigational drug, biological product or device to eligible
patients pursuant to this article. This article does not require that a manufacturer make
available an investigational drug, biological product or device to an eligible epatient.
(b) A manufacturer may:
(1) Provide an investigational drug, biological product or device uto an eligible patient
without receiving compensation; or
(2) Require an eligible patient to pay the costs of, or the costs associated with, the
manufacture of the investigational drug, biological proaduct or device.
(c) Nothing in this article expands the coverage reqluired by article fifteen, chapter thirty-
three of this code.
(d) A health insurance carrier may, but is not required by this article to, provide coverage for
the cost of an investigational drug, biological product or device.
(e) An insurer may deny coverage to an eligible patient from the time the eligible patient
begins use of the investigational drug, biologic product or device through a period not to
exceed six months from the time the investigational drug, biologic product or device is no
longer used by the eligible patient; except that coverage may not be denied for a preexisting
condition and for coverage for benefits which commenced prior to the time the eligible
patient begins use of such drug, biologic product or device.
(f) If a patient dies while being treated by an investigational drug, biological product or
device, the patient's heirs and estate are not liable for any outstanding debt related to the
treatment or lack of insurance due to the treatment.

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