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WV Code § 16-2F-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors|§16-2F-5. Emergency Exception From Notification Requirements

(a) The notification requirements of section three of this article do not apply where the attending physician certifies that there is a need for an abortion to be performed due to a medical emergency. A description of the medical emergency shall be maintained with the unemancipated minor’s medical records. (b) If the physician who is to perform the abortion concludes under subsection (a) of this section that a medical emergency exists and that there is insufficient time to provide the notice required by section three of this article, the physician shall make a reasonable effort to inform, in person or by telephone, the parent, managing conservator, or guardian of the unemancipated minor within 24 hours after the time a medical emergency abortion is performed on the minor of:(1) The performance of the abortion; and(2) The basis for the physician’s determination that a medical emergency existed that required the performance of a medical emergency abortion without fulfilling the requirements of section three.(c) A physician who performs an abortion under the circumstances described in subsection (a) of this section shall, not later than 48 hours after the abortion is performed, send a written notice that a medical emergency occurred and that the parent, managing conservator, or guardian may contact the physician for more information and medical records, to the last known address of the parent, managing conservator, or guardian by certified mail, restricted delivery, return receipt requested. The physician may rely on last known address information if a reasonable and prudent person, under similar circumstances, would rely on the information as sufficient evidence that the parent, managing conservator, or guardian resides at that address. The physician shall keep in the minor’s medical record:(1) The return receipt from the written notice; or(2) If the notice was returned as undeliverable, the notice.(d) A physician who performs an abortion on an unemancipated minor during a medical emergency as described in subsection (a) of this section shall execute for inclusion in the medical record of the minor an affidavit that explains the specific medical emergency that necessitated the immediate abortion.
WV Code § 16-2F-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors|§16-2F-6. Reporting Requirements for Physicians

(a) A physician performing an abortion upon an unemancipated minor shall provide the secretary a written report of the procedure within thirty days after having performed the abortion. The following information, in addition to any other information which may be required by the secretary, regarding an unemancipated minor receiving the abortion shall be included in the reporting form:(1) Age;(2) Educational level;(3) Previous pregnancies;(4) Previous live births;(5) Previous abortions;(6) Complications, if any, of the abortion being reported;(7) Reason for waiver of notification, if such notice was waived; and(8) The city and county in which the abortion was performed.(b) The report shall not contain the name, address or other information by which the unemancipated minor receiving the abortion may be identified.
WV Code § 16-2F-7 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors|§16-2F-7. Article Not to Be Construed to Require Abortion

Nothing in this article, nor in any order issued pursuant thereto, shall require that a physician perform an abortion or that any person be required to assist in the performance of an abortion if such physician or person, for any reason, medical or otherwise, does not wish to perform or assist in such abortion.
WV Code § 16-2F-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors|§16-2F-8. Penalties

(a) Any physician or other licensed medical practitioner who intentionally or recklessly performs or induces an abortion in violation of this article is considered to have acted outside the scope of practice permitted by law or otherwise in breach of the standard of care owed to patients, and is subject to discipline from the applicable licensure board for that conduct, including, but not limited to, loss of professional license to practice.(b) A person, not subject to subsection (a) of this section, who intentionally or recklessly performs or induces an abortion in violation of this article is considered to have engaged in the unauthorized practice of medicine in violation of section thirteen, article three, chapter thirty of this code, and upon conviction, subject to the penalties contained in that section.(c) In addition to the penalties set forth in subsections (a) and (b) of this section, a patient may seek any remedy otherwise available to such patient by applicable law.(d) No penalty may be assessed against any patient upon whom an abortion is performed or induced or attempted to be performed or induced.
WV Code § 16-2F-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2F. Parental Notification of Abortions Performed on Unemancipated Minors|§16-2F-9. Severability

The provisions of subsection (cc), section ten, article two, chapter two of this code shall apply to the provisions of this article to the same extent as if said subsection were set forth in extenso herein.
WV Code § 16-2G-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2G. Special Supplementary Food Program for Women, Infants and Children (Wic)|§16-2G-1. Voucher or Coupon Redemption and Payment

With respect to the vouchers or coupons or drafts authorized by the bureau of public health in the administration of the special supplementary food program for women, infants and children, commonly known as the WIC program, under the auspices and guidelines of the United States Department of Agriculture, such vouchers or coupons or drafts, when received by a vendor from a holder thereof in exchange for food, food stuffs, or authorized goods or services, may be deposited by the vendor in any federally insured bank in this state for collection and payment thereof, and such bank shall accept the same as equivalent to a negotiable instrument from a holder in due course pursuant to chapter forty-six of this code, and shall collect the funds for such vouchers or coupons so received.All moneys received from the United States Department of Agriculture under the WIC program, except for moneys to be used for administration, shall be deposited by the commissioner of the bureau of public health in a special account in a federally insured bank in this state, and notwithstanding other provisions of this code to the contrary, this special account may be funded by the commissioner of the bureau of public health as a special advance payment imprest funds account to be reconciled at least annually by the state Treasurer from which said bank can daily make required wire transfers to pay each day's presentments of vouchers or coupons or drafts. The commissioner of the bureau of public health shall select the bank by competitive bidding in the same manner as the state Treasurer selects depository banks for state funds, subject to applicable federal laws or regulations governing such selection.The provisions of this section enacted in the year one thousand nine hundred eighty-nine shall take effect on April 1, one thousand nine hundred ninety, except that the commissioner shall commence procedures for the selection of the bank and for implementation of the other provisions of this section upon the passage hereof.Nothing in this section shall make such vouchers or coupons or drafts negotiable instruments for any purpose other than expressly set forth herein or as permitted by applicable federal laws or regulations.
WV Code § 16-2H-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2H. Primary Care Support Program|§16-2H-1. Short Title

This article shall be known and may be cited as the "Primary Care Support Program Act".
WV Code § 16-2H-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2H. Primary Care Support Program|§16-2H-2. Primary Care Support Program

(a) There is hereby created the Primary Care Support Program within the Bureau of Public Health within the Department of Health and Human Resources. The program shall provide technical and organizational assistance to community-based primary care services.(b) The Primary Care Support Program shall create and administer a Primary Care Grant Fund to grant money to federally qualified health centers and federally qualified health center look-alikes, and secure federal medical assistance percentage funding. Federally qualified health center look-alikes already receiving grant funding at the time this program is created shall continue to receive grant funding annually. Upon approval by the secretary of the department, federally qualified health centers in need of immediate financial assistance may be granted funding annually. All funds designated to federally qualified health centers may be transferred to Medicaid for the purpose of securing federal medical assistance percentage funding.Additionally, the secretary may use certain portions of funds within this account for activities in support of rural and primary care.There is hereby created a special revenue fund in the State Treasury to be known as the Primary Care Support Fund into which all appropriations, payments, and interest to the fund created herein shall be deposited, to be held and disbursed according to law. (c) The Primary Care Support Program shall conduct and make available upon request an annual primary care report which shall consist of total West Virginia Medicaid primary care expenditures as a percentage of total West Virginia Medicaid expenditures. (d) The Department of Health and Human Resources shall promulgate rules in accordance with §29A-3-1 et seq. of this code to implement the provisions of this article, and shall approve all loans, grants, and disbursements of money authorized by this article.
WV Code § 16-2I-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2I. Women's Right to Know Act|§16-2I-1. Definitions

For the purposes of this article, the words or phrases defined in this section have these meanings ascribed to them."Abortion" means the same as that term is defined in 16-2F-2 of this code."Attempt to perform an abortion" means the same as that term is defined in 16-2M-2 of this code."Chemical abortion" means the use or prescription of an abortion-inducing drug dispensed with the intent to cause an abortion."Licensed medical professional" means the same as that term is defined in 16-2P-1 of this code."Medical emergency" means any condition which, in the reasonable medical judgment of the patients physician, so complicates the medical condition of a pregnant female as to necessitate the immediate termination of her pregnancy to avert her death or for which a delay will create serious risk of substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions. No condition shall be deemed a medical emergency if based on a claim or diagnosis that the female will engage in conduct which she intends to result in her death or in substantial and irreversible physical impairment of a major bodily function."Physician" means the same as that term is defined in 16-2M-2 of this code."Probable gestational age of the embryo or fetus" means what, in the judgment of the physician, will with reasonable probability be the gestational age of the embryo or fetus at the time the abortion is planned to be performed. "Reasonable medical judgement" means the same as that term is defined in 16-2M-2 of this code."Stable Internet website" means a website that, to the extent reasonably practicable, is safeguarded from having its content altered by another other than the Department of Health and Human Resources.
WV Code § 16-2I-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2I. Women's Right to Know Act|§16-2I-4. Internet Website

Within ninety days of the effective date of this article, the secretary of the Department of Health and Human Resources shall develop and maintain a stable Internet website to provide the information required to be provided pursuant to the provisions of section three of this article. No information regarding persons visiting the website may be collected or maintained. The secretary of the Department of Health and Human Resources shall monitor the website on a daily basis to prevent and correct tampering.
WV Code § 16-2I-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2I. Women's Right to Know Act|§16-2I-5. Procedure in Case of Medical Emergency

When a medical emergency compels the performance of an abortion, the physician shall inform the female, prior to the abortion if possible, of the medical indications supporting the physician's judgment that an abortion is necessary to avert her death or that a twenty-four-hour delay will create serious risk of substantial and irreversible impairment of a major bodily function.
WV Code § 16-2I-6 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2I. Women's Right to Know Act|§16-2I-6. Protection of Privacy in Court Proceedings

In every civil or criminal proceeding or action brought under this article, the court shall rule whether the anonymity of any female upon whom an abortion has been performed or attempted shall be preserved from public disclosure if she does not give her consent to such disclosure. The court, upon motion or sua sponte, shall make such a ruling and, upon determining that her anonymity should be preserved, shall issue orders to the parties, witnesses and counsel and shall direct the sealing of the record and exclusion of individuals from courtrooms or hearing rooms to the extent necessary to safeguard her identity from public disclosure. Each such order shall be accompanied by specific written findings explaining why the anonymity of the female should be preserved from public disclosure, why the order is essential to that end, how the order is narrowly tailored to serve that interest and why no reasonable, less restrictive alternative exists. In the absence of written consent of the female upon whom an abortion has been performed or attempted, anyone, other than a public official, who brings an action under section nine of this article shall do so under a pseudonym. This section may not be construed to conceal the identity of the plaintiff or of witnesses from the defendant.
WV Code § 16-2I-8 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2I. Women's Right to Know Act|§16-2I-8. Administrative Remedies

Any physician or agent thereof who willfully violates the provisions of this article may be subject to sanctions as levied by the licensing board governing his or her profession.
WV Code § 16-2I-9 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2I. Women's Right to Know Act|§16-2I-9. Severability

If any one or more provision, section, subsection, sentence, clause, phrase or word of this article or the application thereof to any person or circumstance is found to be unconstitutional, the same is hereby declared to be severable and the balance of this article shall remain effective notwithstanding such unconstitutionality. The Legislature hereby declares that it would have passed this article, and each provision, section, subsection, sentence, clause, phrase or word thereof, irrespective of the fact that any one or more provision, section, subsection, sentence, clause, phrase or word be declared unconstitutional.
WV Code § 16-2L-1 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2L. Provider Sponsored Networks|§16-2L-1. Legislative Purpose

The Legislature finds that it inures to the benefit of the state and its Medicaid populations to foster the development of care systems and Medicaid options that allow for the functional integration and participation of privately practicing physicians with provider sponsored networks who have patient-centered medical home resources and who are willing to share access and use of those resources; that privately practicing physicians provide indispensable and important health care services to Medicaid enrollees in West Virginia but many do not have the resources to develop patient-centered medical homes in their respective practices; that federally qualified health centers are deeply engaged with integrating behavioral health providers and other community services in their care of Medicaid beneficiaries and that such centers lead in the development and implementation of recognized medical homes in West Virginia; and that better health outcomes can be achieved and inappropriate utilization avoided through the integration and coordination of physical health care with mental health care. Therefore, in order to develop innovative means of meeting the health care needs of the state's citizens and to address the impact on the state's budget arising from the growing cost of Medicaid, and in recognition of the important role that federally qualified health centers play in providing health care services to Medicaid beneficiaries, the Legislature authorizes the secretary to enter into contracts with provider sponsored networks.
WV Code § 16-2L-2 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2L. Provider Sponsored Networks|§16-2L-2. Definitions

As used in this article, unless the context requires otherwise:(1) "Continuity-of-care" means the clinical practice of a medical professional who provides care to patients in which:(A) In addition to episodic or urgent care provided from time to time as needed, preventive care and counseling is provided and a patient's overall health status is monitored even when illness is not present or not in crisis; and(B) Without being limited to discrete episodes of care, medical records and care processes are used that track and manage health status over time and allow the medical professional to refer care to, and receive reports from, other medical professionals and other care team members responsible for a patient's care.(2) "Federally Qualified Health Center" means an entity as defined in 42 U.S.C. §1396d(l)(2)(B).(3) "Medicaid beneficiary" means any person participating, through either a state plan amendment or waiver demonstration, in any Medicaid program administered by the West Virginia Department of Health and Human Resources or its Bureau for Medical Services.(4) "Medical home" means a team-based model of care in a patient-centered medical home.(5) "Participating provider" means a licensed health care provider who has entered into a contract with a provider sponsored network to provide services to Medicaid enrollees.(6) "Participating primary care provider" is a primary care provider who is also a participating provider.(7) "Patient-centered medical home" means a health care setting as described in section nine, article twenty-nine-h of this chapter.(8) "Primary care provider" means a licensed behavioral health professional or a person licensed as an allopathic or osteopathic physician primarily practicing internal medicine, family or general practice, obstetrics and gynecology, or pediatrics who provides continuity-of-care services to the majority of his or her patients.(9) "Provider sponsored network" means an entity licensed by the West Virginia insurance commissioner in accordance with article twenty-five-g, chapter thirty-three of this code.(10) "Secretary" means the Secretary of the West Virginia Department of Health and Human Resources.
WV Code § 16-2L-3 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2L. Provider Sponsored Networks|§16-2L-3. Contracts With Provider Sponsored Networks

(a) The secretary is authorized to enter into contracts with any provider sponsored network licensed by the insurance commissioner in accordance with the provisions of article twenty-five-g, chapter thirty-three of this code, to arrange for the provision of health care, services and supplies for Medicaid beneficiaries. Such contract:(1) Shall be subject to the same criteria and standards applied to other managed care organizations; and(2) May provide that the provider sponsored network will share with the department up to 25% of any net profits realized during the period of the contract.(b) The service, administrative and performance criteria to be met by provider sponsored networks shall be the same as required of other managed care organizations providing services to Medicaid beneficiaries in the state.(c) A licensed provider sponsored network shall be deemed an HMO for the purposes of federal regulations governing the Medicaid program to the extent permitted by such regulations.
WV Code § 16-2L-4 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2L. Provider Sponsored Networks|§16-2L-4. Options for Medicaid Beneficiaries; Assignment of Enrollees

(a) Notwithstanding the prior availability or utilization of other options, every licensed provider sponsored network available in a county shall be offered by the secretary as an enrollment option to that county's Medicaid beneficiaries. A provider sponsored network is deemed to be "available in a county" if the secretary has entered into a contract with it to provide services to Medicaid beneficiaries in that county.(b) The secretary shall require that each eligible Medicaid beneficiary be given the option to choose any available managed care plan, including a provider sponsored network, to arrange for and provide his or her medical services under the Medicaid program, and nothing in this article shall be construed to remove or diminish the right of Medicaid beneficiaries to choose among such available options.(c) The secretary shall seek approval from the Centers for Medicare and Medicaid Services to permit the assignment to an available provider sponsored network of any Medicaid beneficiary who does not exercise the option to choose a managed care plan or provider sponsored network offered to him or her. The secretary shall promulgate emergency rules and shall propose for legislative approval legislative rules as may be necessary to implement such assignment process.(d) A Medicaid beneficiary assigned to a provider sponsored network or another managed care organization may change enrollment to any other available provider sponsored network or managed care organization as such options may be available, and nothing in this article requires that a Medicaid beneficiary who is a patient of a participating provider must remain an enrollee in the provider sponsored network with which such participating provider has a contract.
WV Code § 16-2L-5 (2021)
2021 West Virginia Code|Chapter 16. Public Health|Article 2L. Provider Sponsored Networks|§16-2L-5. Anti-Trust Exemption

Because agreement and coordination among health care providers, who may be potential competitors with each other, is required to establish and operate provider sponsored networks, an exemption from anti-trust laws for these activities will further the purposes of this article. Therefore, the West Virginia Anti-Trust Act, article eighteen, chapter forty-seven of this code, is inapplicable to the development of provider sponsored networks, activities necessary to operate provider sponsored networks or any arrangements or agreements between or among provider sponsored networks and participating providers that are performed or entered into consistent with and pursuant to the provisions of this article and the provisions of article twenty-five-g, chapter thirty-three of this code. It is the intent of the Legislature that the federal anti-trust statutes be interpreted in this manner as well.