West Virginia Code § 5-16-7c

Required coverage for reconstruction surgery following mastectomies
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(a) The plan shall provide, in a case of a participant or beneficiary who is receiving benefits
in connection with a mastectomy and who elects breast reconstruction in connection with
such mastectomy, coverage for:
(1) All stages of reconstruction of the breast on which the mastectomy has been performed;
(2) Surgery and reconstruction of the other breast to produce a symmetrical appearance;
and
(3) Prostheses and physical complications of mastectomy, including lymphedemas in a
manner determined in consultation with the attending physician and the patient. Coverage
shall be provided for a minimum stay in the hospital of not less than 48 hours for a patient
following a radical or modified mastectomy and not lesas than 24 hours of inpatient care
following a total mastectomy or partial mastectomy with lymph node dissection for the
treatment of breast cancer. Nothing in this sectionl shall be construed as requiring inpatient
coverage where inpatient coverage is not medsically necessary or where the attending
physician in consultation with the patient determines that a shorter period of hospital stay is
appropriate. Such coverage may be subjecit to annual deductibles and coinsurance provisions
as may be deemed appropriate and gas are consistent with those established for other
benefits under the plan. Written notice of the availability of such coverage shall be delivered
to the participant upon enrollment and annually thereafter in the summary plan description
or similar document.
(b) The plan may not:
(1) Deny a patient eli gibility, or continued eligibility, to enroll or renew coverage under the
terms of the pVlan, solely for the purpose of avoiding the requirements of this section; and
(2) Penalize or otherwise reduce or limit the reimbursement of an attending provider, or
provide incentives (monetary or otherwise) to an attending provider, to induce such provider
to provide care to an individual participant or beneficiary in a manner inconsistent with this
section.

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