Key Takeaways

  • West Virginia uses the federal HealthCare.gov marketplace
  • Offices of the Insurance Commissioner (OIC) regulates health insurance
  • Pre-existing condition exclusions are prohibited in ACA-compliant plans
  • West Virginia expanded Medicaid under the ACA
  • Essential health benefits are required in all qualified plans
Last updated: January 2026

West Virginia Health Insurance Policy Requirements

West Virginia has comprehensive health insurance regulations administered by the Offices of the Insurance Commissioner (OIC).

Regulatory Structure

West Virginia health coverage is regulated by:

AgencyResponsibility
Offices of the Insurance Commissioner (OIC)Primary insurance regulator
Department of Health and Human ResourcesMedicaid and public health
Federal HealthCare.govIndividual marketplace enrollment

Offices of the Insurance Commissioner

The OIC:

  • Reviews and approves policy forms and rates
  • Licenses insurance producers and companies
  • Handles consumer complaints
  • Enforces insurance laws and regulations

Health Insurance Marketplace

West Virginia uses the federal HealthCare.gov marketplace:

Key Features

  • Federal marketplace platform
  • Premium tax credits available based on income
  • Qualified Health Plans (QHPs) certified by federal standards
  • West Virginia-specific plan options

Enrollment Periods

  • Annual open enrollment each fall
  • Special enrollment for qualifying life events
  • Financial assistance based on income

Medicaid Expansion

West Virginia expanded Medicaid under the ACA:

Eligibility

  • Adults with income up to 138% of federal poverty level (FPL)
  • Children covered at higher income levels
  • Pregnant women have expanded eligibility

Required Coverage

West Virginia ACA-compliant plans must cover Essential Health Benefits:

Essential Health Benefits

  1. Ambulatory patient services
  2. Emergency services
  3. Hospitalization
  4. Maternity and newborn care
  5. Mental health and substance use disorders
  6. Prescription drugs
  7. Rehabilitative services
  8. Laboratory services
  9. Preventive and wellness services
  10. Pediatric services (including dental and vision)

Pre-Existing Condition Protections

West Virginia follows ACA rules on pre-existing conditions:

Market SegmentPre-Existing Condition Exclusions
IndividualProhibited
Small GroupProhibited
Large GroupProhibited

Exam Tip: West Virginia prohibits pre-existing condition exclusions in all ACA-compliant plans.

Guaranteed Issue and Renewal

West Virginia requires:

Guaranteed Issue

  • Insurers must accept all applicants during open enrollment
  • Cannot deny coverage based on health status

Guaranteed Renewal

  • Cannot cancel coverage except for non-payment or fraud
  • Plan discontinuation requires advance notice

Mental Health Parity

West Virginia requires mental health parity:

  • Mental health benefits must equal medical benefits
  • Same copays, deductibles, and limits
  • Coverage for substance use disorders required
Test Your Knowledge

Which marketplace does West Virginia use for individual health insurance enrollment?

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Test Your Knowledge

Did West Virginia expand Medicaid under the ACA?

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D