Senate 562

WEST virginia legislature

2026 regular session

Committee Substitute

for

Senate Bill 562

By Senators Chapman, Deeds, and Thorne

[Reported February 11, 2026, from 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 establishing a Food Is Medicine Program; providing for the program to be developed in accordance with the Rural Health Transformation Program; authorizing coverage of nutrition supports; prioritizing local food producers when available; providing for implementation; and setting an effective date.

Be it enacted by the Legislature of West Virginia:

ARTICLE 5. MISCELLANEOUS PROVISIONS.

§9-5-34. Food Is Medicine services under the Medicaid program.

(a) Legislative findings and purpose. – The Legislature finds that nutrition-related chronic diseases are prevalent among Medicaid members in West Virginia and contribute to poor health outcomes and increased health care costs. The purpose of this section is to authorize the use of nutrition-based interventions, known as Food Is Medicine services, as a cost-effective strategy to improve health outcomes and reduce avoidable medical utilization.

(b) Authority. – In accordance with the Rural Health Transformation Program, the Department of Human Services, through the Bureau for Medical Services, shall permit and encourage Medicaid managed care organizations to offer Food Is Medicine services within the state Medicaid program.

(c) Program design. – Food Is Medicine services offered pursuant to this section shall be designed to improve health outcomes for Medicaid members with nutrition related chronic diseases through nutrition supports and related services that reduce the need for higher cost medical care.

(d) Allowable services. – Food Is Medicine services include, but are not limited to:

(1) Nutrition-related case management;

(2) Nutrition counseling provided by qualified professionals;

(3) Medically tailored meals;

(4) Produce prescriptions; and

(5) Grocery provisions intended to support medically appropriate diets.

(e) Prioritization of local food. – Where feasible and consistent with Medicaid requirements, the Bureau for Medical Services shall encourage managed care organizations and their contracted entities to partner with community-based organizations and to prioritize the use of food grown or produced by local farmers and food producers in West Virginia.

(f) Oversight and implementation. – The Bureau for Medical Services shall provide guidance to managed care organizations regarding the implementation of Food Is Medicine services under this section and may establish standards, reporting expectations, and quality measures to ensure program integrity and effectiveness.

(g) Effective date. – This act shall be effective upon passage.

NOTE: The purpose of this bill is to establish the authorization for Food Is Medicine to be eligible under Medicaid.

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