CS for SB 743
WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Committee Substitute for Senate Bill 743
By Senator Takubo [Originating in the Committee on Health and Human Resources; and then to the Committee on Finance;
reported February 20, 2024]
 CS for SB 743
1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
2 designated, §9-5-34, relating to West Virginia Bureau for Medical Services’ medically-
3 supervised weight loss program; defining terms; requiring the Bureau for Medical Services
4 to file a State Plan Amendment; setting forth eligibility criteria; setting forth approval
5 process; requiring regular assessments of the program focused on costs and health
6 outcomes; and requiring reporting to the Legislature.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-34. Medically supervised weight loss program.
1 (a) Definitions. — As used in this section, unless the context otherwise requires:
2 "Anti-obesity medication" means a class of FDA-approved medication used to treat
3 obesity.
4 "Body mass index" or "BMI" means a person’s weight in kilograms divided by the square of
5 height in meters.
6 "Bureau" means the Bureau for Medical Services.
7 "Recipient" means a person who applies for and receives assistance under the Medicaid
8 Program.
9 (b) The Bureau shall file a State Plan Amendment seeking approval of the following
10 program on or before October 1, 2024:
11 (c) Anti-obesity medication eligibility. —
12 (1) The recipient shall have a BMI of at least 35 kg/m2, or BMI of at least 30 kg/m2 and one
13 of the following conditions related to obesity:
14 (2) Hypertension;
15 (3) Metabolic-associated fatty liver disease;
16 (4) Obstructive sleep apnea;
17 (5) Coronary heart disease; or
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 CS for SB 743
18 (6) Type 2 diabetes.
19 (d) Approval process. —
20 (1) A recipient seeking approval of an anti-obesity medication shall:
21 (2) Enroll and actively participate in a behavior modification program approved by the
22 Bureau; and
23 (3) Achieve a minimum weight loss of five percent of baseline bodyweight by the end of the
24 seventh month to continue anti-obesity therapy.
25 (e) The Bureau shall conduct regular assessments, but not less than quarterly, of all costs
26 and health outcomes associated with the program.
27 (1) The Bureau shall collect and analyze data associated with the program, including but
28 not limited to, the health status of recipients before beginning the anti-obesity medication and
29 throughout the course of treatment, costs associated with the program, and projected cost
30 savings.
31 (2) The Bureau shall submit a report to the Legislative Oversight Commission on Health
32 and Human Resources Accountability on December 1, 2025, and annually thereafter, regarding
33 the costs of the program, projected cost savings, and health outcomes associated with the
34 program.
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Statutes affected:
Introduced Version: 9-5-34
Committee Substitute: 9-5-34