(a) A policy, plan, or contract that is issued or renewed on or after January 1, 2019, and that is subject to this article shall provide coverage, through the age of 20, for amino acid-based formula for the treatment of severe protein-allergic conditions or impaired absorption of nutrients caused by disorders affecting the absorptive surface, function, length, and motility of the gastrointestinal tract. This includes the following conditions, if diagnosed as related to the disorder by a physician licensed to practice in this state pursuant to either §30-3-1 et seq. or §30-14-1 et seq. of this code:
(1) Immunoglobulin E and Nonimmunoglobulin E-medicated allergies to multiple food proteins;
(2) Severe food protein-induced enterocolitis syndrome;
(3) Eosinophilic disorders as evidenced by the results of a biopsy; and
(4) Impaired absorption of nutrients caused by disorders affecting the absorptive surface, function, length, and motility of the gastrointestinal tract (short bowel).
(b) The coverage required by §33-16-3bb(a) of this code shall include medical foods for home use for which a physician has issued a prescription and has declared them to be medically necessary, regardless of methodology of delivery.
(c) For purposes of this section, “medically necessary foods” or “medical foods” shall mean prescription amino acid-based elemental formulas obtained through a pharmacy: Provided, That these foods are specifically designated and manufactured for the treatment of severe allergic conditions or short bowel.
(d) The provisions of this section shall not apply to persons with an intolerance for lactose or soy.
Structure West Virginia Code
Article 16. Group Accident and Sickness Insurance
§33-16-3. Required Policy Provisions
§33-16-3b. Home Health Care Coverage
§33-16-3bb. Coverage for Amino Acid-Based Formulas
§33-16-3cc. Substance Use Disorder
§33-16-3d. Medicare Supplement Insurance
§33-16-3dd. Prior Authorization
§33-16-3e. Policies to Cover Nursing Services
§33-16-3ee. Fairness in Cost-Sharing Calculation
§33-16-3ff. Mental Health Parity
§33-16-3g. Third Party Reimbursement for Mammography, Pap Smear or Human Papilloma Virus Testing
§33-16-3gg. Incorporation of the Health Benefit Plan Network Access and Adequacy Act
§33-16-3h. Third Party Reimbursement for Rehabilitation Services
§33-16-3hh. Incorporation of the Coverage for 12-Month Refill for Contraceptive Drugs
§33-16-3i. Coverage of Emergency Services
§33-16-3j. Hospital Benefits for Mothers and Newborns
§33-16-3k. Limitations on Preexisting Condition Exclusions for Health Benefit Plans
§33-16-3l. Renewability and Modification of Health Benefit Plans
§33-16-3m. Creditable Coverage
§33-16-3n. Eligibility for Enrollment
§33-16-3o. Third Party Reimbursement for Colorectal Cancer Examination and Laboratory Testing
§33-16-3p. Required Coverage for Reconstruction Surgery Following Mastectomies
§33-16-3q. Required Use of Mail-Order Pharmacy Prohibited
§33-16-3r. Coverage for Patient Cost of Clinical Trials
§33-16-3s. Third-Party Reimbursement for Kidney Disease Screening
§33-16-3t. Required Coverage for Dental Anesthesia Services
§33-16-3u. Special Enrollment Period Under the American Recovery and Reinvestment Act of 2009
§33-16-3v. Required Coverage for Treatment of Autism Spectrum Disorders
§33-16-3x. Deductibles, Copayments and Coinsurance for Anti-Cancer Medications
§33-16-3y. Eye Drop Prescription Refills
§33-16-3z. Deductibles, Copayments and Coinsurance for Abuse-Deterrent Opioid Analgesic Drugs
§33-16-3zz. Lyme Disease to Be Covered by All Health Insurance Policies
§33-16-5. Contingencies for Which Benefits or Reimbursement of Expenses Permitted
§33-16-6. Rider Changing Individual Policy to Group Policy Prohibited
§33-16-7. Hospital Indemnity Policies Not to Exclude Coverage for Confinement in Government Hospital
§33-16-8. Continuum of Care Services
§33-16-10. Policies Discriminating Among Health Care Providers
§33-16-12. Child Immunization Services Coverage
§33-16-13. Equal Treatment of State Agency
§33-16-14. Coordination of Benefits With Medicaid
§33-16-16. Insurance for Diabetics
§33-16-17. Commissioner to Propose Rules
§33-16-18. Assignment of Certain Benefits in Dental Care Insurance Coverage