West Virginia Code § 33-25E-2

Definitions
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For the purposes of this article:
(1) "Commissioner" means the Insurance Commissioner of West Virginia.
(2) "Covered services" and "covered materials" means services or materials for which
reimbursement from the insurer or vision care plan or vision care discount plan is available
under an enrollee's vision plan or contract, or for which a reimbursement would be available
but for the application of contractual limitations such as deductibles, copayments,
coinsurance, waiting periods, annual or lifetime maximums, frequuency limitations,
alternative benefit payments or other limitations.
(3) "Covered person" means an individual enrolled in a health benefit plan or an eligible
dependent of that person. a
(4) "Enrollee" means any individual enrolled in a helalth care plan, vision care plan or vision
care discount plan provided by a group, employer or other entity that purchases or supplies
coverage for a vision care plan or vision care discount plan.
(5) "Eye care provider" means a licensed doctor of optometry practicing under the authority
of article eight, chapter thirty of this code or a licensed medical physician specializing in
ophthalmology licensed in West Virginia to practice medicine and surgery under the
authority of article three, chapter thirty of this code or osteopathy under article fourteen,
chapter thirty of this code.
(6) "Eye care benefits" means coverage for the diagnosis, treatment and management of eye
disease and injury.
(7) "Health benefit policy" means any individual or group plan, policy or contract providing
medical, hospital or surgical coverage issued, delivered, issued for delivery or renewed in
this state by an insurer, after January 1, 2001. It does not include credit accident and
sickness, long-term care, Medicare supplement, champus supplement, disability or limited
benefits policies.
(8) "Insurer" means any health care corporation, health maintenance organization, accident
and sickness insurer, nonprofit hospital service corporation, nonprofit medical service
corporation or similar entity.
(9) "Materials" means ophthalmic devices, including, but not limited to, lenses, devices
containing lenses, artificial intraocular lenses, ophthalmic frames and other lens-mounting
apparatus, prisms, lens treatments and coatings, contact lenses and prosthetic devices to
correct, relieve or treat defects or abnormal conditions of the human eye or its adnexa.
(10) "Services" means the professional work performed by an eye care provider.
(11) "Subcontractor" means any company, group or third party entity, including, but not
limited to, agents, servants, partially- or wholly-owned subsidiaries and controlled
organizations that is contracted by the insurer, vision care plan or vision care discount plan
to supply services or materials for an eye care provider or enrollee to fulfill the benefit plan
of an insurer, vision care plan or vision care discount plan.
(12) "Vision care benefits" means benefits for the refraction of the eyes and eother optical
benefits.
(13) "Vision care discount plan" means a business arrangement or contract offered by an
insurer in which a person, in exchange for fees, dues, charges oru other consideration, offers
access for its plan members to providers of eye care or ancillary services and the right to
receive discounts on eye care or ancillary services provided tunder the discount vision care
plan from those providers.
(14) "Vision care plan" means an entity that creates, promotes, sells, provides, advertises or
administers an integrated or stand-alone vision benlefit plan, or a vision care insurance policy
or contract which provides vision benefits to asn enrollee pertaining to the provision of
covered services or covered materials.

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