West VirginiaWest Virginia law defines which patients qualify to consider investigational treatments
West Virginia law defines which seriously ill patients qualify as eligible and what risks, care changes, and possible costs their written consent must explain.
What it does
The law defines eligible patients as seriously ill people who have considered approved options and have a physician’s recommendation, written consent, and documentation. Hospital inpatients are excluded.
Written consent must explain possible treatment outcomes, including worsened symptoms or death coming sooner, and warn that care or related bills may be affected.
Argument forIncluding treatments made for one patient based on genetic information could help patients consider options tailored to their individual needs.
Argument againstPatients and their families may face unexpected bills or changes to hospice and in-home care when considering an investigational treatment.
More detail
The law defines which patients count as eligible and which treatments count as investigational. The definitions cover patients with life-threatening or severely debilitating illnesses and drugs, biological products, or devices. A patient must have a life-threatening or severely debilitating illness attested to by a treating physician, have considered FDA-approved options, receive a physician’s recommendation, and have the required written consent and physician documentation. A parent or legal guardian may consent for a minor or a person unable to consent. A person being treated as a hospital inpatient is excluded. The treatment definition covers products that completed phase one of a clinical trial but lack FDA approval for general use, and products made exclusively for one patient based on that person’s genetic profile. The act took effect June 12, 2026, 90 days after passage.
The law requires written consent to explain treatment risks, costs, and possible effects on care. These consent requirements apply when an eligible patient seeks to use an investigational drug, biological product, or device. The document must be signed by the patient and attested to by the patient’s physician and a witness. It must explain approved treatments, identify the proposed treatment, and describe possible outcomes, including worsened symptoms or death coming sooner. It must explain that insurers and providers may not have to pay for related care; hospice eligibility may be withdrawn and later restored if requirements are met; in-home care may be denied; and the patient or estate may owe related expenses unless a manufacturer contract says otherwise. The act took effect June 12, 2026, 90 days after passage.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 29Chapter 183, Acts, Regular Session, 2026Latest
- Apr 1Approved by Governor Patrick Morrisey 4/1/2026Major
- Mar 25To Governor 3/25/2026To Governor
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - House JournalMajor
- Vote recorded PASSAGE-SENATE AMENDED HB. Result: pass.Lower
- Mar 14Approved by Governor Patrick Morrisey 4/1/2026 - Senate JournalBecame Law
- Mar 14To Governor 3/25/2026 - Senate JournalMinor
- Mar 14House Message received
- Mar 14Completed legislative action
- Mar 14Communicated to Senate
- Mar 14House concurred in Senate amendment and passed bill (Roll No. 639)
- Mar 14House received Senate message
- Mar 12Senate requests House to concur
- Vote recorded Passage. Result: pass.Upper
- Mar 12Passed Senate (Roll No. 485)Passed Senate
- Mar 12HHR com. amendment adopted (Voice vote)
- Mar 12Read 3rd timeMinor
- Mar 12On 3rd reading with right to amend
- Mar 11Read 2nd timeMinor
- Mar 11On 2nd reading
- Mar 10Read 1st timeMinor
- Mar 10Immediate consideration
- Mar 10Reported do pass, as amended by Health and Human ResourcesMinor
- Mar 4To JudiciaryMinor
- Mar 4Reported do pass, with amendment, but first to JudiciaryMinor
- Jan 30To Health and Human ResourcesMinor
- Jan 30To Health and Human Resources then JudiciaryMinor
- Jan 30Introduced in SenateMinor
- Jan 29Communicated to Senate
- Vote recorded PASSAGE. Result: pass.Lower
- Jan 29Passed House (Roll No. 31)Passed House
- Jan 29Read 3rd timeMinor
- Jan 29On 3rd reading, Special Calendar
- Jan 28Read 2nd timeMinor
- Jan 28On 2nd reading, Special Calendar
- Jan 27Read 1st timeMinor
- Jan 27On 1st reading, Special Calendar
- Jan 26On 1st reading, Special Calendar
- Jan 232nd reference dispensed
- Jan 23By substitute, do pass
- Jan 22Markup Discussion
- Jan 20To House Health and Human ResourcesMinor
- Jan 20Introduced in HouseMinor
- Jan 20To Health and Human Resources then JudiciaryMinor
- Jan 20Filed for introductionIntroduced
Healthcare