West Virginia Bill Amending the Definition of ‘Medical Services’ (SB 417)

SB 417 would amend state law regarding welfare assistance programs to redefine the term “medical services” in order to exclude abortion.

Current West Virginia Code regulating welfare assistance programs defines “medical services” to mean:

“[…]medical, surgical, dental and nursing services, and other remedial services recognized by law, in the home, office, hospital, clinic and any other suitable place, provided or prescribed by persons permitted or authorized by law to give such services; the services to include drugs and medical supplies, appliances, laboratory, diagnostic and therapeutic services, nursing home and convalescent care and such other medical services and supplies as may be prescribed by the persons.”

This bill would define “medical services” to mean:

“[…] essential medical, surgical, dental, optometric, podiatric, chiropractic, telehealth, and nursing services, and other remedial services recognized by law, in the home, office, hospital, clinic and any other suitable place, which areprovided or prescribed by persons permitted or authorized by law to give such services; the services to include drugs and medical supplies, appliances, laboratory, diagnostic and therapeutic services, nursing home and convalescent care and such other medical services and supplies as may be prescribed by the persons but not including abortions, or induced miscarriages or premature births, unless in the opinion of a physician the procedures are necessary for the preservation of the life of the woman seeking the treatment or except in induced premature birth intended to produce a live viable child, and if the procedure is necessary for the health of the mother or her unborn child.”

This change in definition would prohibit low-income pregnant people from using Medicaid funding to access abortion services unless it was a medical emergency.

Related Legislation

Companion bill to HB 4012.

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