Shown verbatim: the complete text as captured from the official PDF posted by the West Virginia Legislature, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
WEST VIRGINIA LEGISLATURE
2026 REGULAR SESSION
ENROLLED
House Bill 4089
BY DELEGATES HALL, FEHRENBACHER, HOLSTEIN,
DRENNAN, MOORE, HOTT, RILEY, AND FOGGIN
[Passed March 10, 2026; in effect 90 days from
passage (June 8, 2026)]
Enr HB 4089
1 AN ACT to amend the Code of West Virginia, 1931, as amended, by adding seven new sections,
2 designated §5-16-8b, §9-5-34, §33-15-4a, §33-16-20, §33-24-15, §33-25-23, and §33-
3 25A-37, relating to insurance; and providing definitions; and requiring health insurers to
4 provide coverage for scalp cooling systems for the preservation of hair during cancer
5 chemotherapy treatment.
6 PREAMBLE: THIS LAW IS DESIGNATED AND MAY BE REFERRED TO AS JESSICA
7 HUFFMAN'S LAW.
Be it enacted by the Legislature of West Virginia:
CHAPTER 5. GENERAL POWERS AND AUTHORITY OF THE
GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL;
BOARD OF PUBLIC WORKS; MISCELLANEOUS AGENCIES,
COMMISSIONS, OFFICES, PROGRAMS, ETC.
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-8b. Required coverage for scalp cooling system for cancer chemotherapy treatment.
1 (a) For the purpose of this section, "scalp cooling system" means any device used to cool
2 the human scalp to prevent or reduce hair loss during cancer chemotherapy treatment, provided
3 that such device is designed and intended for repeated use and is primarily and customarily used
4 to serve a medical purpose.
5 (b) Any insurer who delivers or issues a policy, plan, or contact that is issued or renewed
6 on or after January 1, 2027, under the provisions of this article and provides coverage for cancer
7 chemotherapy treatment shall provide coverage for scalp cooling systems used in connection with
8 cancer chemotherapy treatment as defined by the Centers for Medicare and Medicaid Services.
9 Coverage provided under this section may be subject to annual deductibles and coinsurance,
1
Enr HB 4089
10 including copayments, as may be deemed appropriate by the commissioner and as are consistent
11 with those established for other benefits within a given policy.
CHAPTER 9. HUMAN SERVICES.
ARTICLE 5. MISCELLANEOUS PROVISIONS.
§9-5-34. Required coverage for scalp cooling system for cancer chemotherapy treatment.
1 (a) For the purpose of this section, "scalp cooling system" means any device used to cool
2 the human scalp to prevent or reduce hair loss during cancer chemotherapy treatment, provided
3 that such device is designed and intended for repeated use and is primarily and customarily used
4 to serve a medical purpose.
5 (b) Any insurer who delivers or issues a policy, plan, or contact that is issued or renewed
6 on or after January 1, 2027, under the provisions of this article and provides coverage for cancer
7 chemotherapy treatment shall provide coverage for scalp cooling systems used in connection with
8 cancer chemotherapy treatment as defined by the Centers for Medicare and Medicaid Services.
9 Coverage provided under this section may be subject to annual deductibles and coinsurance,
10 including copayments, as may be deemed appropriate by the commissioner and as are consistent
11 with those established for other benefits within a given policy.
CHAPTER 33. INSURANCE.
ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.
§33-15-4a. Required coverage for scalp cooling system for cancer chemotherapy
treatment.
1 (a) This section shall be known and cited as "Jessica Huffman's Law".
2 (b) For the purpose of this section, "scalp cooling system" means any device used to cool
3 the human scalp to prevent or reduce hair loss during cancer chemotherapy treatment, provided
4 that such device is designed and intended for repeated use and is primarily and customarily used
5 to serve a medical purpose.
2
Enr HB 4089
6 (c) Any insurer who delivers or issues a policy, plan, or contact that is issued or renewed
7 on or after January 1, 2027, under the provisions of this article and provides coverage for cancer
8 chemotherapy treatment shall provide coverage for scalp cooling systems used in connection with
9 cancer chemotherapy treatment as defined by the Centers for Medicare and Medicaid Services.
10 Coverage provided under this section may be subject to annual deductibles and coinsurance,
11 including copayments, as may be deemed appropriate by the commissioner and as are consistent
12 with those established for other benefits within a given policy.
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-20. Required coverage for scalp cooling system for cancer chemotherapy
treatment.
1 (a) For the purpose of this section, "scalp cooling system" means any device used to cool
2 the human scalp to prevent or reduce hair loss during cancer chemotherapy treatment, provided
3 that such device is designed and intended for repeated use and is primarily and customarily used
4 to serve a medical purpose.
5 (b) Any insurer who delivers or issues a policy, plan, or contact that is issued or renewed
6 on or after January 1, 2027, under the provisions of this article and provides coverage for cancer
7 chemotherapy treatment shall provide coverage for scalp cooling systems used in connection with
8 cancer chemotherapy treatment as defined by the Centers for Medicare and Medicaid Services.
9 Coverage provided under this section may be subject to annual deductibles and coinsurance,
10 including copayments, as may be deemed appropriate by the commissioner and as are consistent
11 with those established for other benefits within a given policy.
ARTICLE 24. HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE
CORPORATIONS, DENTAL SERVICE CORPORATIONS AND HEALTH
SERVICE CORPORATIONS.
3
Enr HB 4089
§33-24-15. Required coverage for scalp cooling system for cancer chemotherapy
treatment.
1 (a) For the purpose of this section, "scalp cooling system" means any device used to cool
2 the human scalp to prevent or reduce hair loss during cancer chemotherapy treatment, provided
3 that such device is designed and intended for repeated use and is primarily and customarily used
4 to serve a medical purpose.
5 (b) Any insurer who delivers or issues a policy, plan, or contact that is issued or renewed
6 on or after January 1, 2027, under the provisions of this article and provides coverage for cancer
7 chemotherapy treatment shall provide coverage for scalp cooling systems used in connection with
8 cancer chemotherapy treatment as defined by the Centers for Medicare and Medicaid Services.
9 Coverage provided under this section may be subject to annual deductibles and coinsurance,
10 including copayments, as may be deemed appropriate by the commissioner and as are consistent
11 with those established for other benefits within a given policy.
ARTICLE 25. HEALTH CARE CORPORATIONS.
§33-25-23. Required coverage for scalp cooling system for cancer chemotherapy
treatment.
1 (a) For the purpose of this section, "scalp cooling system" means any device used to cool
2 the human scalp to prevent or reduce hair loss during cancer chemotherapy treatment, provided
3 that such device is designed and intended for repeated use and is primarily and customarily used
4 to serve a medical purpose.
5 (b) Any insurer who delivers or issues a policy, plan, or contact that is issued or renewed
6 on or after January 1, 2027, under the provisions of this article and provides coverage for cancer
7 chemotherapy treatment shall provide coverage for scalp cooling systems used in connection with
8 cancer chemotherapy treatment as defined by the Centers for Medicare and Medicaid Services.
9 Coverage provided under this section may be subject to annual deductibles and coinsurance,
4
Enr HB 4089
10 including copayments, as may be deemed appropriate by the commissioner and as are consistent
11 with those established for other benefits within a given policy.
ARTICLE 25A. HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-37. Required coverage for scalp cooling system for cancer chemotherapy
treatment.
1 (a) For the purpose of this section, "scalp cooling system" means any device used to cool
2 the human scalp to prevent or reduce hair loss during cancer chemotherapy treatment, provided
3 that such device is designed and intended for repeated use and is primarily and customarily used
4 to serve a medical purpose.
5 (b) Any insurer who delivers or issues a policy, plan, or contact that is issued or renewed
6 on or after January 1, 2027, under the provisions of this article and provides coverage for cancer
7 chemotherapy treatment shall provide coverage for scalp cooling systems used in connection with
8 cancer chemotherapy treatment as defined by the Centers for Medicare and Medicaid Services.
9 Coverage provided under this section may be subject to annual deductibles and coinsurance,
10 including copayments, as may be deemed appropriate by the commissioner and as are consistent
11 with those established for other benefits within a given policy.
5
Enr HB 4089
The Clerk of the House of Delegates and the Clerk of the Senate hereby
certify that the foregoing bill is correctly enrolled.
...............................................................
Clerk of the House of Delegates
...............................................................
Clerk of the Senate
Originated in the House of Delegates.
In effect 90 days from passage.
...............................................................
Speaker of the House of Delegates
...............................................................
President of the Senate
__________
The within is ................................................ this the...........................................
Day of ..........................................................................................................., 2026.
.............................................................
Governor
7Every fact on this page links to its source, starting with the official bill record.