West Virginia Code § 33-25E-3

Limitations on conditions of coverage
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(a)Health benefits policies may not require that an optometrist hold hospital staff privileges.
(b)When any health benefits policy provides for the payment of eye care benefits or vision
care benefits, such policy shall be construed to include payment to all eye care providers
who provide benefits within the scope of their providers' licenses.
(c)Any limitation or condition placed upon services, diagnosis or treatment by or payment to
a particular type of licensed provider shall apply equally to all licensed providers without
unfair discrimination as to the usual and customary treatment pruocedures of an eye care
provider.
(d)Any health benefits policy that includes eye care benefits, including a diabetic retinal
examination, shall provide each covered person diagnoased with diabetes direct access to an
eye care provider of their choice from the insurer's panel of providers independent of, and
without referral from, any other provider or entity lfor one annual diabetic retinal
examination. The eye care provider shall provside copies of the results of the examination to
the covered person's primary care physician. No other services shall be provided to the
covered person by the eye care provider wiithout the prior authorization of the insurer or of
its designee. This benefit shall be sugbject to all coinsurance, deductibles, copayments and
other policy requirements. When the diabetic retinal examination reveals the beginning
stages of an abnormal condition, access to future examinations shall be subject to prior
authorization from a primary care physician.
(e)Any health benefits policy that includes eye care benefits or vision care benefits shall
include both optometrists and ophthalmologists.
(f)This articleV may not be construed to require any health benefits policy to cover any
specific health care service.
(g)This article may not be construed to require a health benefit plan or an insurer to include
on the insurer's panel of providers all providers willing to meet the terms and conditions of
participation as a plan provider.

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