House 4767

WEST VIRGINIA LEGISLATURE

2026 REGULAR SESSION

Introduced

House Bill 4767

By Delegates Worrell and Hite

[Introduced January 23, 2026; referred to the Committee on Health and Human Resources]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding a new section, designated §9-5-34, relating to requiring the Bureau of Medical Services to file a legislative rule.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. MISCELLANEOUS PROVISIONS.

§9-5-34. Medicaid Manual.

(a) The Bureau of Medical Services shall prepare, compile, and file its complete policy manual, including all policies governing Medicaid Related Programs, Medicaid Benefits, covered services, non-covered services, claims processing, and any other operational or programmatic guidance used by the bureau, as a legislative rule in accordance with the provisions of §29A-3-1 et seq. of this code.

(b) The bureau shall file the legislative rule required under subsection (a) with the Secretary of States’ office on or before July 1, 2026.

(c) Following the initial filing required, the bureau shall file all subsequent amendments, supplements, and revisions to its policy manual as legislative rules in accordance with §29A-3-1 et seq. of this code.

(d) Nothing in this section prohibits the bureau from issuing internal guidance or emergency procedures as necessary; however, any such guidance that remains in effect for more than 180 days shall be incorporated into the legislative rule process.

NOTE: The purpose of this bill is to require the Bureau of Medical Services to file its policy manual as a legislative rule.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.