§33-16E-1. Findings; Short Title

(a) This article may be referred to as the "Prescription Fairness Act of 2005." (b) The Legislature hereby finds and declares that: (1) Contraceptives prevent unintended pregnancy;

§33-16E-2. Definitions

For the purposes of this article, these definitions are applicable unless a different meaning clearly appears from the context. (1) "Contraceptives" means drugs or devices approved by the food and drug administration to prevent pregnancy.

§33-16E-3. Applicability

(a) The provisions of this article apply to individual and group health insurance plans issued by accident and sickness insurers; health maintenance organizations; fraternal benefit societies; hospital service corporations; the West Virginia Public Employees Insurance Agency; health-care service corporations; health service corporations; multiple employee trusts; and multiple employer welfare arrangements. The provisions of this section […]

§33-16E-4. Parity for Contraceptive Drugs, Devices and Outpatient Services

(a) Health insurance plans that provide benefits for prescription drugs or prescription devices in prescription drug plans may not exclude or restrict benefits to covered persons for any prescription contraceptive drug or prescription contraceptive device approved by the federal Food and Drug Administration. All customary benefit management rules, including, but not limited to, drug formularies […]

§33-16E-5. Extraordinary Surcharges Prohibited

A health insurance plan is prohibited from: (1) Imposing deductibles, copayments, other cost-sharing mechanisms, or waiting periods for prescription contraceptive drugs or devices greater than deductibles, copayments, other cost-sharing mechanisms or waiting periods for other covered prescription drugs or devices.

§33-16E-6. Additional Prohibitions

A health insurance plan is prohibited from: (1) Denying eligibility, enrollment or renewal of coverage to any individual because of their use or potential use of contraceptives.

§33-16E-7. Religious Employer Exemption

(a) Notwithstanding any other provision of this article, a religious employer may exclude or restrict from any health-care insurance plan contract benefits for any prescription contraceptive drugs and devices that are contrary to the religious employer's religious tenets. (b) Nothing in this article shall be construed to exclude coverage for prescription contraceptive supplies ordered by […]