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HB 4760

Requiring insurance to cover certain nutrition and dietary needs

2026 Regular Session Introduced by Adam Burkhammer and 1 co-sponsor

Starting Jan 1, 2027, WV insurers must cover or reimburse dietary supplements as prescribed by a patient’s health care provider.

To House Finance
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Bill Summary · HB 4760

Summary of HB 4760 (2026, West Virginia)

Purpose and intent

  • The bill aims to require health insurance policies, plans, and contracts to cover dietary supplements and certain nutrition-related costs, with coverage recommendations made by the enrollee’s health care provider.
  • It emphasizes nutritional wellness and prevention as a means to improve health, reduce health care usage and costs, and provide nonpharmacological options for enrollees who choose them.

Key provisions and changes

  • Coverage scope for dietary supplements:
    • Defines “dietary supplement” consistently with the federal Dietary Supplement Health and Education Act of 1994 (DSHEA). This includes products intended to supplement the diet, containing vitamins, minerals, herbs, botanicals, amino acids, probiotics, enzymes, prebiotics, extracts, etc., intended for ingestion in pill, capsule, tablet, liquid, gummy, or powder, not represented as conventional food, and labeled as a dietary supplement.
  • Applicability and effective date:
    • For policies, plans, or contracts issued or renewed on or after January 1, 2027, insurers must provide coverage or reimbursement for dietary supplements as recommended by the enrollee’s health care provider.
  • Coverage across multiple health insurance contexts:
    • The requirement applies across multiple chapters and sections of West Virginia law, ensuring consistency in coverage for dietary supplements across:
    • Public Employees Insurance Act (General Powers; Article 16, §5-16-15a)
    • Human Services (Miscellaneous Provisions, §9-5-34)
    • Insurance Article (Accident and Sickness Insurance, §33-15-4y)
    • Insurance Article (Group Accident and Sickness Insurance, §33-16-3ii)
    • Hospital Medical and Dental Corporations (§33-24-7z)
    • Healthcare Corporation (§33-25-8w)
    • Health Maintenance Organization Act (§33-25A-8z)
  • Consistent language:
    • Each affected section mirrors the DSHEA definition and the same enrollment/coverage trigger (post-2027 issuance/renewal with provider-directed dietary supplement coverage).

Who is affected

  • Individuals and families purchasing or covered by health insurance policies, plans, or contracts affected by WV insurance regulation.
  • Enrollees who would seek reimbursement or coverage for dietary supplements recommended by their health care providers.
  • Health care providers who may recommend dietary supplements as part of a treatment or preventive plan.
  • Insurers and insurance products governed under the listed WV statutes and chapters, including public employee plans, health care corporations, hospital/medical/dental entities, and HMOs operating in the state.

Procedural and timeline aspects

  • Effective date for coverage mandate:
    • January 1, 2027 (policies/plans issued or renewed on or after this date must provide coverage or reimbursement for dietary supplements as recommended by the enrollee’s health care provider).
  • Legislative process notes:
    • Originated in the Health and Human Resources Committee; reported as a Committee Substitute on February 12, 2026.
    • House Finance Committee involvement noted during the bill’s progression.
  • The bill uses standard DSHEA-based definitions to avoid ambiguity about what qualifies as a dietary supplement.

Additional notes

  • The bill’s stated purpose includes improving health and preventing disease through nutritional wellness and prevention measures, with coverage conditioned on medical provider recommendations.
  • The changes would be implemented through multiple statutory sections to ensure alignment across various types of health insurance products and entities in West Virginia.

If you’d like, I can add a side-by-side comparison of current law versus the proposed changes for any of the specific sections.

Compiled from official sources — confirm details with the bill’s official record.

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