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WV HB5365
Bill
Status
2/9/2026
Primary Sponsor
David Green
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AI Summary
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Defines "specialty drug" as a drug used to treat chronic, complex, or rare medical conditions requiring special handling, administration, provider coordination, or patient education that cannot be provided by a non-specialty pharmacy
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Requires pharmacy benefit managers (PBMs) serving PEIA to operate as "transparent PBMs" and prohibits them from unreasonably designating covered drugs as specialty drugs to limit patient access to enrolled pharmacies
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Prohibits PBMs from requiring PEIA beneficiaries to use mail-order pharmacies exclusively or imposing higher costs or more restrictive conditions for using retail pharmacies compared to mail-order options
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Authorizes the PEIA director to establish a special investigation unit to investigate false, fraudulent, or fictitious claims made against PEIA plans
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Grants the Insurance Commissioner authority to examine, regulate, and enforce compliance by PBMs serving PEIA, including imposing civil penalties, corrective action orders, and suspension or revocation of licensure for violations
Legislative Description
Relating to the regulation of pharmacy benefit managers providing services to the Public Employees Insurance Agency.
Insurance
Last Action
To House Banking and Insurance
2/16/2026