West Virginia 2024 Regular Session Status: Passed House Of Delegates Bipartisan · 7 R · 3 D cosponsors

HB 4753 — Relating to providing health insurance coverage concerning biomarker testing

Last action — Removed from calendar by Rules Committee

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House of Delegates
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill has passed the House of Delegates. Introduced January 15, 2024. It now moves to the second chamber.

Next likely step: consideration and a floor vote in the Senate.

Odds of enactment

Moderate chance

Based on the sponsor, cosponsors, and committee posture, this bill has a moderate chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 58% · high confidence
  • Passed House of Delegates

    Current position in the legislative process.

  • 11 sponsors

    1 primary, 10 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (7 R · 3 D) — cross-party backing.

  • Mixed recorded votes

    2 passed, 1 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

1 added · 449 removed

Plain-language change summary

The amendment to HB 4753 changes the agency responsible for reporting the costs related to health insurance coverage for biomarker testing. Initially, the Public Employees Insurance Agency was tasked with this responsibility, but it has now been switched to the Bureau of Medical Services. Additionally, the amendment establishes a requirement for this agency to report back to the Joint Committee of Government and Finance one year after the changes are implemented. This matters because it ensures oversight and accountability regarding the financial impacts of the new health insurance provisions.

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WEST VIRGINIA LEGISLATURE REGULAR SESSION ENGROSSED Committee Substitute for House Bill 4753 By Delegates Westfall, Barnhart, Riley, Young, Hornbuckle, W.
HB4753 HFA Summers 2-25 #1JW 3295 Delegate Summers moved to amend the bill on page 3, line 54, by inserting a new subsection (c) to read as follows:
Hall, Garcia, Jeffries, Hott, Cannon, and Akers [Originating in the Committee on the Judiciary;
"(c) One year following implementation, the Public Employees Insurance Agency shall report to the Joint Committee of Government and Finance the cost of this change.";And,On page 5, line 49, by striking the words, "The Public Employees Insurance Agency" and inserting in lieu thereof, "The Bureau of Medical Services";AndOn page 6, line 54, by inserting a new subsection (c) to read as follows:
Reported on February 21, 2024] Eng CS for HB 4753 A BILL to amend the code of West Virginia, 1931, by adding thereto a new section designated, §5- 16-7h;
"(c) One year following implementation, the Bureau of Medical Services shall report to the Joint Committee of Government and Finance the cost of this change.";   AdoptedRejected
to amend said code by adding thereto a new section designated §9-5-34;
to amend said code by adding thereto a new section designated §33-15-4x;
to amend said code by adding thereto a new section designated §33-16-3aa;
to amend said code by adding thereto a new section designated §33-24-7y;
to amend said code by adding thereto a new section designated §33-25-8v;
and to amend said code by adding thereto a new section designated §33-25A-8y, all relating to providing health insurance coverage concerning biomarker testing.
Be it enacted by the Legislature of West Virginia:
CHAPTER 5.
GENERAL POWERS AND AUTHORITY OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL;
BOARD OF PUBLIC WORKS;
MISCELLANEOUS AGENCIES, COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 16.
WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-7h.
Biomarker testing.
(a) As used in this section:
(1) "Biomarker":
means a characteristic that is objectively measured and evaluated as an indicator of normal biologic processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered;
and includes but is not limited to gene mutations, characteristics of genes and protein expression;
(2) "Biomarker testing":
means the analysis of a patient's tissue, blood, or other biospecimen for the presence of a biomarker;
and includes but is not limited to single-analyte 1 Eng CS for HB 4753 tests, multiplex panel tests, protein expression, and whole exome, whole genome, and whole transcriptome sequencing;
(3) "Consensus statements" means statements that are:
(A) Developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure with a conflict of interest policy;
(B) Aimed at specific clinical circumstances;
and (C) Based on the best available evidence for the purpose of optimizing the outcomes of clinical care;
(4) "FDA" means the United States Food and Drug Administration;
and (5) "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that:
(A) Are developed by an independent organization or medical professional society utilizing a transparent methodology and reporting structure with a conflict of interest policy and include recommendations intended to optimize care;
(B) Establish standards of care informed by:
(i) A systematic review of evidence;
and (ii) An assessment of the benefits and risks of alternative care options.
(6) "Precision diagnosis" means the use of biomarker testing after a covered individual has received a medical diagnosis of a disease or condition for which biomarker testing is appropriate.
(7) "Prior authorization" means obtaining advanced approval from a health insurer about the coverage of a service or medication.
(b)(1) The Public Employees Insurance Agency shall provide coverage for biomarker testing for the purposes of precision diagnosis, treatment, appropriate management, or ongoing monitoring of a covered person's disease or condition when supported by medical and scientific evidence, including, but not limited to:
(A) Labeled indications for a test approved or cleared by the FDA;
2 Eng CS for HB 4753 (B) Indicated tests for an FDA-approved drug;
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(C) Warnings and precautions on FDA-approved drug labels;
(D) Centers for Medicare and Medicaid Services national coverage determinations and Medicare administrative contractor local coverage determinations;
or (E) Nationally recognized clinical practice guidelines such as, but not limited to, those of the National Comprehensive Cancer Network or the American Society of Clinical Oncology, and consensus statements:
Provided, That any treatment provided in accordance with such practice guidelines is limited to the use of drugs and tests approved or cleared by the FDA.
(2) Nothing in this section shall require coverage of biomarker testing for the purpose of screening an individual prior to receiving a diagnosis of a disease or condition for which biomarker testing is appropriate.
(3) The coverage shall be provided in a manner that shall limit disruptions in care including the need for multiple biopsies or biospecimen samples.
(4) The Public Employees Insurance Agency may require that biomarker testing be subject to prior authorization in accordance with §33-16-3dd.
(5) The covered person and prescribing practitioner shall have access to a clear, readily accessible, and convenient process to request an exception to a coverage policy provided pursuant to the provisions of this section.
The process shall be made readily accessible on the website of the insurer.
(c) One year following implementation, the Public Employees Insurance Agency shall report to the Joint Committee on Government and Finance the cost of this change.
CHAPTER 9.
HUMAN SERVICES.
ARTICLE 5.
MISCELLANEOUS PROVISIONS.
§9-5-34.
Biomarker testing.
(a) As used in this section:
3 Eng CS for HB 4753 (1) "Biomarker":
means a characteristic that is objectively measured and evaluated as an indicator of normal biologic processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered;
and includes but is not limited to gene mutations, characteristics of genes and protein expression;
(2) "Biomarker testing":
means the analysis of a patient's tissue, blood, or other biospecimen for the presence of a biomarker;
and includes but is not limited to single-analyte tests, multiplex panel tests, protein expression, and whole exome, whole genome, and whole transcriptome sequencing;
(3) "Consensus statements" means statements that are:
(A) Developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure with a conflict of interest policy;
(B) Aimed at specific clinical circumstances;
and (C) Based on the best available evidence for the purpose of optimizing the outcomes of clinical care;
(4) "FDA" means the United States Food and Drug Administration;
and (5) "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that:
(A) Are developed by an independent organization or medical professional society utilizing a transparent methodology and reporting structure with a conflict of interest policy and include recommendations intended to optimize care;
(B) Establish standards of care informed by:
(i) A systematic review of evidence;
and (ii) An assessment of the benefits and risks of alternative care options.
(6) "Precision diagnosis" means the use of biomarker testing after a covered individual has received a medical diagnosis of a disease or condition for which biomarker testing is appropriate.
4 Eng CS for HB 4753 (7) "Prior authorization" means obtaining advanced approval from a health insurer about the coverage of a service or medication.
(b)(1) The Bureau for Medical Services shall provide coverage for biomarker testing for the purposes of precision diagnosis, treatment, appropriate management, or ongoing monitoring of a covered person's disease or condition when supported by medical and scientific evidence, including, but not limited to:
(A) Labeled indications for a test approved or cleared by the FDA;
(B) Indicated tests for an FDA-approved drug;
(C) Warnings and precautions on FDA-approved drug labels;
(D) Centers for Medicare and Medicaid Services national coverage determinations and Medicare administrative contractor local coverage determinations;
or (E) Nationally recognized clinical practice guidelines such as, but not limited to, those of the National Comprehensive Cancer Network or the American Society of Clinical Oncology, and consensus statements:
Provided, That any treatment provided in accordance with such practice guidelines is limited to the use of drugs and tests approved or cleared by the FDA.
(2) Nothing in this section shall require coverage of biomarker testing for the purpose of screening an individual prior to receiving a diagnosis of a disease or condition for which biomarker testing is appropriate.
(3) The coverage shall be provided in a manner that shall limit disruptions in care including the need for multiple biopsies or biospecimen samples.
(4) The Bureau of Medical Services may require that biomarker testing be subject to prior authorization in accordance with §33-16-3dd.
(5) The covered person and prescribing practitioner shall have access to a clear, readily accessible, and convenient process to request an exception to a coverage policy provided pursuant to the provisions of this section.
The process shall be made readily accessible on the website of the insurer.
5 Eng CS for HB 4753 (c) One year following implementation, the Bureau of Medical Services shall report to the Joint Committee on Government and Finance the cost of this change.
CHAPTER 33.
INSURANCE.
ARTICLE 15.
ACCIDENT AND SICKNESS INSURANCE.
§33-15-4x.
Biomarker testing.
(a) As used in this section:
(1) "Biomarker":
means a characteristic that is objectively measured and evaluated as an indicator of normal biologic processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered;
and includes but is not limited to gene mutations, characteristics of genes and protein expression;
(2) "Biomarker testing":
means the analysis of a patient's tissue, blood, or other biospecimen for the presence of a biomarker;
and includes but is not limited to single-analyte tests, multiplex panel tests, protein expression, and whole exome, whole genome, and whole transcriptome sequencing;
(3) "Consensus statements" means statements that are:
(A) Developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure with a conflict of interest policy;
(B) Aimed at specific clinical circumstances;
and (C) Based on the best available evidence for the purpose of optimizing the outcomes of clinical care;
(4) "FDA" means the United States Food and Drug Administration;
and (5) "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that:
6 Eng CS for HB 4753 (A) Are developed by an independent organization or medical professional society utilizing a transparent methodology and reporting structure with a conflict of interest policy and include recommendations intended to optimize care;
(B) Establish standards of care informed by:
(i) A systematic review of evidence;
and (ii) An assessment of the benefits and risks of alternative care options.
(6) "Precision diagnosis" means the use of biomarker testing after a covered individual has received a medical diagnosis of a disease or condition for which biomarker testing is appropriate.
(7) "Prior authorization" means obtaining advanced approval from a health insurer about the coverage of a service or medication.
(b)(1) The health insurers shall provide coverage for biomarker testing for the purposes of precision diagnosis, treatment, appropriate management, or ongoing monitoring of a covered person's disease or condition when supported by medical and scientific evidence, including, but not limited to:
(A) Labeled indications for a test approved or cleared by the FDA;
(B) Indicated tests for an FDA-approved drug;
(C) Warnings and precautions on FDA-approved drug labels;
(D) Centers for Medicare and Medicaid Services national coverage determinations and Medicare administrative contractor local coverage determinations;
or (E) Nationally recognized clinical practice guidelines such as, but not limited to, those of the National Comprehensive Cancer Network or the American Society of Clinical Oncology, and consensus statements:
Provided, That any treatment provided in accordance with such practice guidelines is limited to the use of drugs and tests approved or cleared by the FDA.
(2) Nothing in this section shall require coverage of biomarker testing for the purpose of screening an individual prior to receiving a diagnosis of a disease or condition for which biomarker testing is appropriate.
7 Eng CS for HB 4753 (3) The coverage shall be provided in a manner that shall limit disruptions in care including the need for multiple biopsies or biospecimen samples.
(4) The health insurers may require that biomarker testing be subject to prior authorization in accordance with §33-16-3dd.
(5) The covered person and prescribing practitioner shall have access to a clear, readily accessible, and convenient process to request an exception to a coverage policy provided pursuant to the provisions of this section.
The process shall be made readily accessible on the website of the insurer.
ARTICLE 16.
GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-3aa.
Biomarker testing.
(a) As used in this section:
(1) "Biomarker":
means a characteristic that is objectively measured and evaluated as an indicator of normal biologic processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered;
and includes but is not limited to gene mutations, characteristics of genes and protein expression;
(2) "Biomarker testing":
means the analysis of a patient's tissue, blood, or other biospecimen for the presence of a biomarker;
and includes but is not limited to single-analyte tests, multiplex panel tests, protein expression, and whole exome, whole genome, and whole transcriptome sequencing;
(3) "Consensus statements" means statements that are:
(A) Developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure with a conflict of interest policy;
(B) Aimed at specific clinical circumstances;
and (C) Based on the best available evidence for the purpose of optimizing the outcomes of clinical care;
8 Eng CS for HB 4753 (4) "FDA" means the United States Food and Drug Administration;
and (5) "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that:
(A) Are developed by an independent organization or medical professional society utilizing a transparent methodology and reporting structure with a conflict of interest policy and include recommendations intended to optimize care;
(B) Establish standards of care informed by:
(i) A systematic review of evidence;
and (ii) An assessment of the benefits and risks of alternative care options.
(6) "Precision diagnosis" means the use of biomarker testing after a covered individual has received a medical diagnosis of a disease or condition for which biomarker testing is appropriate.
(7) "Prior authorization" means obtaining advanced approval from a health insurer about the coverage of a service or medication.
(b)(1) The health insurers shall provide coverage for biomarker testing for the purposes of precision diagnosis, treatment, appropriate management, or ongoing monitoring of a covered person's disease or condition when supported by medical and scientific evidence, including, but not limited to:
(A) Labeled indications for a test approved or cleared by the FDA;
(B) Indicated tests for an FDA-approved drug;
(C) Warnings and precautions on FDA-approved drug labels;
(D) Centers for Medicare and Medicaid Services national coverage determinations and Medicare administrative contractor local coverage determinations;
or (E) Nationally recognized clinical practice guidelines such as, but not limited to, those of the National Comprehensive Cancer Network or the American Society of Clinical Oncology, and consensus statements:
Provided, That any treatment provided in accordance with such practice guidelines is limited to the use of drugs and tests approved or cleared by the FDA.
9 Eng CS for HB 4753 (2) Nothing in this section shall require coverage of biomarker testing for the purpose of screening an individual prior to receiving a diagnosis of a disease or condition for which biomarker testing is appropriate.
(3) The coverage shall be provided in a manner that shall limit disruptions in care including the need for multiple biopsies or biospecimen samples.
(4) The health insurers may require that biomarker testing be subject to prior authorization in accordance with §33-16-3dd.
(5) The covered person and prescribing practitioner shall have access to a clear, readily accessible, and convenient process to request an exception to a coverage policy provided pursuant to the provisions of this section.
The process shall be made readily accessible on the website of the insurer.
ARTICLE 24.
HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE CORPORATIONS, DENTAL SERVICE CORPORATIONS, AND HEALTH SERVICE CORPORATIONS.
§33-24-7y.
Biomarker testing.
(a) As used in this section:
(1) "Biomarker":
means a characteristic that is objectively measured and evaluated as an indicator of normal biologic processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered;
and includes but is not limited to gene mutations, characteristics of genes and protein expression;
(2) "Biomarker testing":
means the analysis of a patient's tissue, blood, or other biospecimen for the presence of a biomarker;
and includes but is not limited to single-analyte tests, multiplex panel tests, protein expression, and whole exome, whole genome, and whole transcriptome sequencing;
10 Eng CS for HB 4753 (3) "Consensus statements" means statements that are:
(A) Developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure with a conflict of interest policy;
(B) Aimed at specific clinical circumstances;
and (C) Based on the best available evidence for the purpose of optimizing the outcomes of clinical care;
(4) "FDA" means the United States Food and Drug Administration;
and (5) "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that:
(A) Are developed by an independent organization or medical professional society utilizing a transparent methodology and reporting structure with a conflict of interest policy and include recommendations intended to optimize care;
(B) Establish standards of care informed by:
(i) A systematic review of evidence;
and (ii) An assessment of the benefits and risks of alternative care options.
(6) "Precision diagnosis" means the use of biomarker testing after a covered individual has received a medical diagnosis of a disease or condition for which biomarker testing is appropriate.
(7) "Prior authorization" means obtaining advanced approval from a health insurer about the coverage of a service or medication.
(b)(1) The health insurers shall provide coverage for biomarker testing for the purposes of precision diagnosis, treatment, appropriate management, or ongoing monitoring of a covered person's disease or condition when supported by medical and scientific evidence, including, but not limited to:
(A) Labeled indications for a test approved or cleared by the FDA;
(B) Indicated tests for an FDA-approved drug;
(C) Warnings and precautions on FDA-approved drug labels;
11 Eng CS for HB 4753 (D) Centers for Medicare and Medicaid Services national coverage determinations and Medicare administrative contractor local coverage determinations;
or (E) Nationally recognized clinical practice guidelines such as, but not limited to, those of the National Comprehensive Cancer Network or the American Society of Clinical Oncology, and consensus statements:
Provided, That any treatment provided in accordance with such practice guidelines is limited to the use of drugs and tests approved or cleared by the FDA.
(2) Nothing in this section shall require coverage of biomarker testing for the purpose of screening an individual prior to receiving a diagnosis of a disease or condition for which biomarker testing is appropriate.
(3) The coverage shall be provided in a manner that shall limit disruptions in care including the need for multiple biopsies or biospecimen samples.
(4) The health insurers may require that biomarker testing be subject to prior authorization in accordance with §33-16-3dd.
(5) The covered person and prescribing practitioner shall have access to a clear, readily accessible, and convenient process to request an exception to a coverage policy provided pursuant to the provisions of this section.
The process shall be made readily accessible on the website of the insurer.
ARTICLE 25.
HEALTH CARE CORPORATIONS.
§33-25-8v.
Biomarker testing.
(a) As used in this section:
(1) "Biomarker":
means a characteristic that is objectively measured and evaluated as an indicator of normal biologic processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered;
and includes but is not limited to gene mutations, characteristics of genes and protein expression;
12 Eng CS for HB 4753 (2) "Biomarker testing":
means the analysis of a patient's tissue, blood, or other biospecimen for the presence of a biomarker;
and includes but is not limited to single-analyte tests, multiplex panel tests, protein expression, and whole exome, whole genome, and whole transcriptome sequencing;
(3) "Consensus statements" means statements that are:
(A) Developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure with a conflict of interest policy;
(B) Aimed at specific clinical circumstances;
and (C) Based on the best available evidence for the purpose of optimizing the outcomes of clinical care;
(4) "FDA" means the United States Food and Drug Administration;
and (5) "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that:
(A) Are developed by an independent organization or medical professional society utilizing a transparent methodology and reporting structure with a conflict of interest policy and include recommendations intended to optimize care;
(B) Establish standards of care informed by:
(i) A systematic review of evidence;
and (ii) An assessment of the benefits and risks of alternative care options.
(6) "Precision diagnosis" means the use of biomarker testing after a covered individual has received a medical diagnosis of a disease or condition for which biomarker testing is appropriate.
(7) "Prior authorization" means obtaining advanced approval from a health insurer about the coverage of a service or medication.
(b)(1) The health insurers shall provide coverage for biomarker testing for the purposes of precision diagnosis, treatment, appropriate management, or ongoing monitoring of a covered 13 Eng CS for HB 4753 person's disease or condition when supported by medical and scientific evidence, including, but not limited to:
(A) Labeled indications for a test approved or cleared by the FDA;
(B) Indicated tests for an FDA-approved drug;
(C) Warnings and precautions on FDA-approved drug labels;
(D) Centers for Medicare and Medicaid Services national coverage determinations and Medicare administrative contractor local coverage determinations;
or (E) Nationally recognized clinical practice guidelines such as, but not limited to, those of the National Comprehensive Cancer Network or the American Society of Clinical Oncology, and consensus statements:
Provided, That any treatment provided in accordance with such practice guidelines is limited to the use of drugs and tests approved or cleared by the FDA.
(2) Nothing in this section shall require coverage of biomarker testing for the purpose of screening an individual prior to receiving a diagnosis of a disease or condition for which biomarker testing is appropriate.
(3) The coverage shall be provided in a manner that shall limit disruptions in care including the need for multiple biopsies or biospecimen samples.
(4) The health insurers may require that biomarker testing be subject to prior authorization in accordance with §33-16-3dd.
(5) The covered person and prescribing practitioner shall have access to a clear, readily accessible, and convenient process to request an exception to a coverage policy provided pursuant to the provisions of this section.
The process shall be made readily accessible on the website of the insurer.
ARTICLE 25A.
HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-8y.
Biomarker testing.
(a) As used in this section:
14 Eng CS for HB 4753 (1) "Biomarker":
means a characteristic that is objectively measured and evaluated as an indicator of normal biologic processes, pathogenic processes, or pharmacologic responses to a specific therapeutic intervention, including known gene-drug interactions for medications being considered for use or already being administered;
and includes but is not limited to gene mutations, characteristics of genes and protein expression;
(2) "Biomarker testing":
means the analysis of a patient's tissue, blood, or other biospecimen for the presence of a biomarker;
and includes but is not limited to single-analyte tests, multiplex panel tests, protein expression, and whole exome, whole genome, and whole transcriptome sequencing;
(3) "Consensus statements" means statements that are:
(A) Developed by an independent, multidisciplinary panel of experts utilizing a transparent methodology and reporting structure with a conflict of interest policy;
(B) Aimed at specific clinical circumstances;
and (C) Based on the best available evidence for the purpose of optimizing the outcomes of clinical care;
(4) "FDA" means the United States Food and Drug Administration;
and (5) "Nationally recognized clinical practice guidelines" means evidence-based clinical practice guidelines that:
(A) Are developed by an independent organization or medical professional society utilizing a transparent methodology and reporting structure with a conflict of interest policy and include recommendations intended to optimize care;
(B) Establish standards of care informed by:
(i) A systematic review of evidence;
and (ii) An assessment of the benefits and risks of alternative care options.
(6) "Precision diagnosis" means the use of biomarker testing after a covered individual has received a medical diagnosis of a disease or condition for which biomarker testing is appropriate.
15 Eng CS for HB 4753 (7) "Prior authorization" means obtaining advanced approval from a health insurer about the coverage of a service or medication.
(b)(1) The health insurers shall provide coverage for biomarker testing for the purposes of precision diagnosis, treatment, appropriate management, or ongoing monitoring of a covered person's disease or condition when supported by medical and scientific evidence, including, but not limited to:
(A) Labeled indications for a test approved or cleared by the FDA;
(B) Indicated tests for an FDA-approved drug;
(C) Warnings and precautions on FDA-approved drug labels;
(D) Centers for Medicare and Medicaid Services national coverage determinations and Medicare administrative contractor local coverage determinations;
or (E) Nationally recognized clinical practice guidelines such as, but not limited to, those of the National Comprehensive Cancer Network or the American Society of Clinical Oncology, and consensus statements:
Provided, That any treatment provided in accordance with such practice guidelines is limited to the use of drugs and tests approved or cleared by the FDA.
(2) Nothing in this section shall require coverage of biomarker testing for the purpose of screening an individual prior to receiving a diagnosis of a disease or condition for which biomarker testing is appropriate.
(3) The coverage shall be provided in a manner that shall limit disruptions in care including the need for multiple biopsies or biospecimen samples.
(4) The health insurers may require that biomarker testing be subject to prior authorization in accordance with §33-16-3dd.
(5) The covered person and prescribing practitioner shall have access to a clear, readily accessible, and convenient process to request an exception to a coverage policy provided pursuant to the provisions of this section.
The process shall be made readily accessible on the website of the insurer.
16
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Action History

  1. Removed from calendar by Rules Committee

  2. Laid over on 3rd reading 3/8/2024 with right to amend

  3. Deferred until foot of 3rd reading

  4. On 3rd reading with right to amend

  5. Read 2nd time

  6. On 2nd reading

  7. Read 1st time

  8. On 1st reading

  9. Reported do pass, with amendments and title amendment

  10. To Health and Human Resources

  11. To Health and Human Resources

  12. Introduced in Senate

  13. Communicated to Senate

  14. Effective July 1, 2024 (Roll No. 313)

  15. Passed House (Roll No. 312)

  16. Read 3rd time

  17. On 3rd reading, Special Calendar

  18. Amendment rejected (Roll No. 303)

  19. Amendment reported by the Clerk

  20. Amendment adopted (Voice vote)

  21. Amendment reported by the Clerk

  22. Read 2nd time

  23. On 2nd reading, Special Calendar

  24. Read 1st time

  25. On 1st reading, Special Calendar

  26. By substitute, do pass

  27. To House Judiciary

  28. With amendment, do pass, but first to Judiciary

  29. To House Banking and Insurance

  30. Introduced in House

  31. To Banking and Insurance then Judiciary

  32. Filed for introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 10 co-sponsors · 141 not signed on · 50 voted No

Sponsors (1)

  • Westfall

Co-sponsors (10)

Not signed on (141)

141 members have not signed on to this bill.

Show all 141 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

PASSAGE

Passed 90 Yea · 4 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 61203
Unaffiliated 22202
Democrat 7001
Total 90406
% of votes cast 90%4%0%6%
How each member voted (100)
Member Party Vote
Forsht — Yea
Kump — Yea
Rowe — Yea
Linville — Yea
Smith — Yea
Griffith — Yea
Hamilton — Yea
Martin — Yea
Summers — Yea
Hardy — Yea
Tully — Yea
Nestor — Yea
Warner — Yea
Phillips — Yea
Westfall — Yea
Devault — Yea
Householder — Yea
Winzenreid — Yea
Jeffries — Yea
Espinosa — Yea
Fast — Yea
Kirby — Yea
Foster — Nay
Longanacre — Nay
Ross — Not Voting
Steele — Not Voting
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
Joey Garcia Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Not Voting
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Not Voting
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Not Voting
David Green Republican Yea
Elias Coop-Gonzalez Republican Nay
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Nay
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Not Voting
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

EFFECT JulY 01, 2024

Passed 94 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Republican 62103
Unaffiliated 25001
Democrat 7001
Total 94105
% of votes cast 94%1%0%5%
How each member voted (100)
Member Party Vote
Forsht — Yea
Kump — Yea
Ross — Yea
Foster — Yea
Rowe — Yea
Linville — Yea
Longanacre — Yea
Smith — Yea
Griffith — Yea
Hamilton — Yea
Martin — Yea
Summers — Yea
Hardy — Yea
Tully — Yea
Nestor — Yea
Warner — Yea
Phillips — Yea
Westfall — Yea
Devault — Yea
Householder — Yea
Winzenreid — Yea
Jeffries — Yea
Espinosa — Yea
Fast — Yea
Kirby — Yea
Steele — Not Voting
Evan Hansen Democrat Yea
Hollis Lewis Democrat Yea
Joey Garcia Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Not Voting
Adam Burkhammer Republican Yea
Adam Vance Republican Yea
Andy Shamblin Republican Yea
Betsy Kelly Republican Yea
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Yea
Bryan Ward Republican Yea
Charles Sheedy Republican Yea
Christopher W. Toney Republican Yea
Chuck Horst Republican Not Voting
Clay Riley Republican Yea
D. Rolland Jennings Republican Yea
Dana Ferrell Republican Yea
Darren Thorne Republican Yea
Dave Foggin Republican Not Voting
David Green Republican Yea
Elias Coop-Gonzalez Republican Yea
Eric Brooks Republican Yea
Erica Moore Republican Yea
Evan Worrell Republican Yea
Gary G. Howell Republican Yea
Geno Chiarelli Republican Yea
George Miller Republican Yea
George Street Republican Yea
Henry Dillon Republican Nay
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Yea
Jeffrey Stephens Republican Yea
Jim Butler Republican Yea
Jimmy Willis Republican Yea
Joe Ellington Republican Yea
Joe Statler Republican Yea
John Paul Hott Republican Yea
Jonathan Pinson Republican Yea
Jordan Bridges Republican Yea
Jordan Maynor Republican Yea
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Yea
Keith Marple Republican Yea
Laura Kimble Republican Yea
Lori Dittman Republican Yea
Margitta Mazzocchi Republican Yea
Mark Dean Republican Not Voting
Mark Zatezalo Republican Yea
Marty Gearheart Republican Yea
Matthew Rohrbach Republican Yea
Michael Hite Republican Yea
Michael Hornby Republican Yea
Mickey Petitto Republican Yea
Pat McGeehan Republican Yea
Patrick Lucas Republican Yea
Phil Mallow Republican Yea
Rick Hillenbrand Republican Yea
Roger Hanshaw Republican Yea
Roy Cooper Republican Yea
Scot C. Heckert Republican Yea
Stanley Adkins Republican Yea
Trenton Barnhart Republican Yea
Vacant1 Republican Yea
Vacant1 Republican Yea
Vernon Criss Republican Yea
Walter Hall Republican Yea
Wayne Clark Republican Yea
Wayne Clark Republican Yea
William Anderson Republican Yea

Official roll call →

HFA GARCIA 2-26

Failed 22 Yea · 71 Nay · 7 Other
Party YeaNayPresentNot Voting
Republican 95502
Unaffiliated 61604
Democrat 7001
Total 227107
% of votes cast 22%71%0%7%
How each member voted (100)
Member Party Vote
Hamilton — Yea
Winzenreid — Yea
Kirby — Yea
Rowe — Yea
Griffith — Yea
Nestor — Yea
Jeffries — Nay
Ross — Nay
Espinosa — Nay
Fast — Nay
Linville — Nay
Smith — Nay
Longanacre — Nay
Forsht — Nay
Foster — Nay
Summers — Nay
Martin — Nay
Tully — Nay
Warner — Nay
Westfall — Nay
Devault — Nay
Householder — Nay
Steele — Not Voting
Hardy — Not Voting
Kump — Not Voting
Phillips — Not Voting
Evan Hansen Democrat Yea
Hollis Lewis Democrat Not Voting
Joey Garcia Democrat Yea
John Williams Democrat Yea
Kayla Young Democrat Yea
Mike Pushkin Democrat Yea
Sean Hornbuckle Democrat Yea
Shawn Fluharty Democrat Yea
Adam Burkhammer Republican Nay
Adam Vance Republican Yea
Andy Shamblin Republican Nay
Betsy Kelly Republican Not Voting
Bill Ridenour Republican Yea
Bob Fehrenbacher Republican Nay
Bryan Ward Republican Nay
Charles Sheedy Republican Nay
Christopher W. Toney Republican Nay
Chuck Horst Republican Nay
Clay Riley Republican Nay
D. Rolland Jennings Republican Nay
Dana Ferrell Republican Nay
Darren Thorne Republican Nay
Dave Foggin Republican Yea
David Green Republican Nay
Elias Coop-Gonzalez Republican Nay
Eric Brooks Republican Nay
Erica Moore Republican Nay
Evan Worrell Republican Nay
Gary G. Howell Republican Nay
Geno Chiarelli Republican Nay
George Miller Republican Nay
George Street Republican Nay
Henry Dillon Republican Nay
James Robert "JB" Akers II Republican Yea
Jarred Cannon Republican Yea
Jeff Campbell Republican Nay
Jeffrey Stephens Republican Yea
Jim Butler Republican Nay
Jimmy Willis Republican Nay
Joe Ellington Republican Nay
Joe Statler Republican Nay
John Paul Hott Republican Nay
Jonathan Pinson Republican Nay
Jordan Bridges Republican Not Voting
Jordan Maynor Republican Nay
Josh Holstein Republican Yea
Kathie Hess Crouse Republican Nay
Keith Marple Republican Nay
Laura Kimble Republican Nay
Lori Dittman Republican Nay
Margitta Mazzocchi Republican Nay
Mark Dean Republican Nay
Mark Zatezalo Republican Nay
Marty Gearheart Republican Nay
Matthew Rohrbach Republican Nay
Michael Hite Republican Nay
Michael Hornby Republican Nay
Mickey Petitto Republican Yea
Pat McGeehan Republican Nay
Patrick Lucas Republican Nay
Phil Mallow Republican Nay
Rick Hillenbrand Republican Nay
Roger Hanshaw Republican Nay
Roy Cooper Republican Nay
Scot C. Heckert Republican Nay
Stanley Adkins Republican Nay
Trenton Barnhart Republican Nay
Vacant1 Republican Yea
Vacant1 Republican Nay
Vernon Criss Republican Nay
Walter Hall Republican Nay
Wayne Clark Republican Nay
Wayne Clark Republican Nay
William Anderson Republican Nay

Official roll call →

Subjects

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Frequently asked questions

Who sponsors HB 4753?
HB 4753 is sponsored by James Robert "JB" Akers II (Republican), Jarred Cannon (Republican), John Paul Hott (Republican), Joey Garcia (Democrat), Walter Hall (Republican), Sean Hornbuckle (Democrat), Trenton Barnhart (Republican), Clay Riley (Republican), Kayla Young (Democrat), Westfall, and Dean Jeffries (Republican).
What is the current status of HB 4753?
This bill has passed the House of Delegates. Introduced January 15, 2024. It now moves to the second chamber.
Where can I track HB 4753?
Track HB 4753 free on One Click Politics — get push/email alerts when it moves.

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