West Virginia Code § 33-58-1

Coverage and dispensing birth control
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(a) Notwithstanding a prohibition or limitation contained within the provisions of §33-1-1 et
seq. and §5-16-1 of this code an insurer subject to §5-16-1 et seq., §33-15-1 et seq., §33-16-1
et seq., §33-24-1 et seq., §33-25-1 et seq., and §33-25A-1 of this code which amends, renews,
or delivers a health policy on or after January 1, 2021, that provides coverage for
contraceptive drugs, shall provide coverage for a 12-month refill of contraceeptive drugs
obtained at one time by the insured after the insured has completed the initial supply of the
drugs, unless the insured requests a smaller supply or the prescribing prrovider instructs that
the insured must receive a smaller supply. A health benefit plan that provides coverage shall
allow the insured to receive the contraceptive drugs on-site at the provider's office, if
available, and dispensing practices must follow all clinical guidelines for appropriate
prescribing and dispensing to ensure the health of the patientt while maximizing access to
effective contraceptive drugs.
(b) A health benefit plan that provides coverage for hormonal contraceptives, in the absence
of clinical contraindications, may not impose utilization controls or other forms of medical
management limiting the supply of contraceptsive drugs that may be dispensed or furnished
by a provider or pharmacy, or at a location licensed or otherwise authorized to dispense
drugs or supplies, to an amount that is less than a 12-month supply.
(c) This section does not exclude coverage for contraceptive drugs as prescribed by a
provider for reasons other thaen contraceptive purposes, such as decreasing the risk of
ovarian cancer or eliminating symptoms of menopause, or for contraception that is
necessary to preserve thLe life or health of an enrollee.
(d) Nothing in this section requires a health benefit plan to cover contraceptive drugs
provided by a provider, pharmacy, or at a location authorized to dispense drugs or supplies,
that does not participate in the health benefit plan's provider or pharmacy network, as
appliable, except as may be otherwise authorized or required by state law or by the plan's
poliWcies governing out-of-network coverage.
(e) For purposes of this section, the term "contraceptive drugs" means all drugs approved by
the United States Food and Drug Administration that are used to prevent pregnancy,
including, but not limited to, hormonal drugs administered orally, transdermally, and
intravaginally.

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