West Virginia Code § 33-15-4j

Required coverage for dental anesthesia services
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(a) Notwithstanding any provision of any policy, provision, contract, plan or agreement to
which this article applies, any entity regulated by this article shall, on or after July 1, 2009,
provide as benefits to all subscribers and members coverage for dental anesthesia services
as hereinafter set forth.
(b) For purposes of this article and section, "dental anesthesia services" means general
anesthesia for dental procedures and associated outpatient hospital or ambulatory facility
charges provided by appropriately licensed health care individuals in conjunction with dental
care provided to an enrollee or insured if the enrollee or insuredu is:
(A) Seven years of age or younger or is developmentally disabled and is an individual for
whom a successful result cannot be expected from dental care provided under local
anesthesia because of a physical, intellectual or other medically compromising condition of
the enrollee or insured and for whom a superior result can be expected from dental care
provided under general anesthesia; or l
(B) A child who is twelve years of age or younger with documented phobias, or with
documented mental illness, and with dentail needs of such magnitude that treatment should
not be delayed or deferred and for wghom lack of treatment can be expected to result in
infection, loss of teeth or other increased oral or dental morbidity and for whom a successful
result cannot be expected from dental care provided under local anesthesia because of such
condition and for whom a superior result can be expected from dental care provided under
general anesthesia.
(c) Prior authorization. -- An entity subject to this section may require prior authorization for
general anesthesia and associated outpatient hospital or ambulatory facility charges for
dental care in the same manner that prior authorization is required for these benefits in
connection with other covered medical care.
(d) An entity subject to this section may restrict coverage for general anesthesia and
associated outpatient hospital or ambulatory facility charges unless the dental care is
provided by:
(1) A fully accredited specialist in pediatric dentistry; (2) A fully accredited specialist in oral
and maxillofacial surgery; and
(3) A dentist to whom hospital privileges have been granted.
(e) Dental care coverage not required. -- The provisions of this section may not be construed
to require coverage for the dental care for which the general anesthesia is provided.
(f) Temporal mandibular joint disorders. -- The provisions of this section do not apply to
dental care rendered for temporal mandibular joint disorders.
(g) A policy, provision, contract, plan or agreement may apply to dental anesthesia services
the same deductibles, coinsurance and other limitations as apply to other covered services.

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