West Virginia Code § 33-45-8

Exemptions
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(a) The provisions of this article do not apply to claims that are not covered under the terms
of the health plan.
(b) Nothing in this article shall preclude the right of a provider or insurer to pursue any
other administrative, civil or criminal proceedings or remedies permitted under state or
federal law.
(c) The provisions of this article do not apply when there is a good faith dispute about the
legitimacy of amount of the claim, or when there is a reasonableu basis supported by specific
information that such claim was submitted fraudulently or with material misrepresentation.
(d) An insurer shall not be considered to be in violation of this article if the insurer's failure
to comply is caused in material part by the person subamitting the claim or the health
insurer's compliance is rendered impossible due to matters beyond the insurer's reasonable
control. l
(e) A provider shall not be considered to be in violation of this article if the failure to comply
is caused in material part by the insured oir the provider's compliance is rendered impossible
due to matters beyond the provider's reasonable control.
(f) The provisions of this article do not apply to services provided outside the state.

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