HB 4760 — Requiring insurance to cover certain nutrition and dietary needs

CS for HB 4760 WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee FISCALSubstitute for House Bill 4760 NOTE By Delegates Burkhammer and Worrell [Introduced[Originating Januaryin 22,the 2026;Committee on Health and Human Resources;

referredReported to the Committee on HealthFebruary and12, Human2026] ResourcesCS thenfor Finance] Intr HB 2026R2841A4760 A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new article,sections, designated §33-59A-1,§5-16-15a, §9-5-34, §33-15-4y, §33-16-3ii, §33-24-7z, §33-25-8w, and §33- 25A-8z, relating to health;

and requiring insurance to cover costs for dietary supplementssupplements. and nutrition prescriptions.

ARTICLECHAPTER 59A.5.

REQUIREDGENERAL COVERAGEPOWERS FORAND HEALTHAUTHORITY INSURANCE.OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL;

§33-59A-1.BOARD OF PUBLIC WORKS;

CoverageMISCELLANEOUS forAGENCIES, nutritionalCOMMISSIONS, wellnessOFFICES, andPROGRAMS, prevention.ETC.

(a)ARTICLE Definitions.16.

—WEST AsVIRGINIA usedPUBLIC inEMPLOYEES thisINSURANCE section,ACT. unless the context otherwise indicates, the following terms have the following meanings.

"Dietary§5-16-15a. supplement" has the same meaning as in the federal Dietary Supplement Health and Education Act of 1994 and means a product, other than tobacco, that:

Coverage for a dietary supplement.

(a) As used in this section, “dietary supplement" means the same as in the federal Dietary Supplement Health and Education Act of 1994 and means a product, other than tobacco, that:

(B) Is intended for ingestion in pill, capsule, tablet, liquidliquid, form, gummy, or powder;

"Nutritional(b) wellnessA andpolicy, prevention"plan, meansor nutritionalcontract measuresthat andis products,issued includingor dietaryrenewed supplements,on whoseor primaryafter purposesJanuary are1, to2027, enhanceshall health,provide improvecoverage nutritionalor intake,reimbursement strengthenfor thedietary immunesupplements system,as cleanserecommended by the bodyenrollee's of toxins, address specific health needscare andprovider. aid in resisting disease, nutritional and dietary counseling, and nutrition prescriptions.

(b)CHAPTER Required9. coverage.

–HUMAN ASERVICES. carrier shall provide coverage and reimburse for nutritional wellness and prevention measures that have been shown to be beneficial to an enrollee's health when used as directed by the manufacturer or manufacturer's representative and recommended by the enrollee's physician.

(c)ARTICLE Application.5.

–MISCELLANEOUS ThePROVISIONS. requirements of this section apply to all policies, contracts and certificates executed, delivered, issued for delivery, continued or renewed in this State.

Intr§9-5-34. HB 2026R2841A (d) The Insurance Commission shall create an approved list of dietary supplements and nutrition prescriptions that shall be covered.

Provided;Coverage for a dietary supplement.

that1 CS for HB 4760 (a) As used in this section, “dietary supplement" means the listsame shallas bein updatedthe nofederal lessDietary Supplement Health and Education Act of 1994 and means a product, other than annually.tobacco, that:

(A) Is intended to supplement the diet and contains one or more dietary ingredients, including, but not limited to, vitamins, minerals, herbs, botanicals, amino acids, concentrates, metabolites, enzymes, prebiotics, probiotics, extracts and other substances and their constituents;

(B) Is intended for ingestion in pill, capsule, tablet, liquid, gummy, or powder;

(C) Is not represented for use as a conventional food or the sole item of a meal or diet;

and (D) Is labeled as a dietary supplement.

(b) A policy, plan, or contract that is issued or renewed on or after January 1, 2027, shall provide coverage or reimbursement for dietary supplements as recommended by the enrollee's health care provider.

CHAPTER 33.

INSURANCE.

ARTICLE 15.

ACCIDENT AND SICKNESS INSURANCE.

§33-15-4y.

Coverage for a dietary supplement.

(a) As used in this section, “dietary supplement" means the same as in the federal Dietary Supplement Health and Education Act of 1994 and means a product, other than tobacco, that:

(A) Is intended to supplement the diet and contains one or more dietary ingredients, including, but not limited to, vitamins, minerals, herbs, botanicals, amino acids, concentrates, metabolites, enzymes, prebiotics, probiotics, extracts and other substances and their constituents;

(B) Is intended for ingestion in pill, capsule, tablet, liquid, gummy, or powder;

(C) Is not represented for use as a conventional food or the sole item of a meal or diet;

and (D) Is labeled as a dietary supplement.

(b) A policy, plan, or contract that is issued or renewed on or after January 1, 2027, shall provide coverage or reimbursement for dietary supplements as recommended by the enrollee's health care provider.

CS for HB 4760 ARTICLE 16.

GROUP ACCIDENT AND SICKNESS INSURANCE.