WEST VIRGINIA LEGISLATURE
2024 REGULAR SESSION
Introduced Senate Bill 788
By Senators Tarr and Takubo [Introduced February 14, 2024; referred to
the Committee on Health and Human Resources]
Intr SB 2024R3889S 2024R3890H
1 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
2 designated §9-5-32, relating to prioritizing providing medical services to West Virginia
3 Medicaid beneficiaries within West Virginia.
Be it enacted by the Legislature of West Virginia:
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-32. Prioritizing the use of in-state resources for West Virginia Medicaid Beneficiaries.
1 (a) The Bureau for Medical Services shall develop and implement policies for fee-for-
2 service and managed care covered populations that prioritize West Virginia Medicaid beneficiaries
3 receiving medical services, including hospital services, instate: Provided, That the Bureau for
4 Medical Services shall make accommodations in these policies for beneficiaries that receive
5 services out of state due to services not being available in West Virginia, are not reasonably
6 accessible instate relative to a closer out of state provider, or other factors as deemed appropriate
7 by the Bureau.
8 (b) These policies shall be implemented no later than July 1, 2025. The Bureau shall
9 provide the Legislative Oversight Committee on Health and Human Resources with a status report
10 no later than December 31, 2024. A final report on the Bureau’s policies, including volume of
11 services rendered out of state and metrics that will be assessed by the Bureau to ensure the
12 policy’s effectiveness shall be submitted no later than July 1, 2025.
NOTE: The purpose of this bill is to prioritize providing medical services to West Virginia Medicaid beneficiaries within West Virginia.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
1

Statutes affected:
Introduced Version: 9-5-32