West Virginia Governor Patrick Morrisey signed a bill intended to curb insurance denials, enacting a new law that will take effect on June 10. The law will allow plan members who have been approved for a course of treatment to pursue an alternative, medically appropriate treatment of equal or lesser value without needing another approval from the state-based health plan.

"This legislation is rooted in a simple principle: if a treatment has already been approved, patients should be able to pursue a medically appropriate alternative without being forced to start the process over again — especially when it does not cost more. This is about common sense, compassion, and trusting patients and their doctors to make the best decisions for their care." Morrisey said in a statement.

Delegate Laura Kimble, a Republican from Harrison County, introduced the legislation. The bill was shaped in part by the case of Eric Tennant, a coal mining safety instructor in Bridgeport, West Virginia, who was insured through the West Virginia Public Employees Insurance Agency as a state employee. Tennant died in September at age 58 from complications related to stage 4 bile duct cancer.

In early 2025, the Public Employees Insurance Agency repeatedly denied coverage for a $50,000 histotripsy procedure intended to target and potentially shrink Tennant's largest liver tumor. Histotripsy is a noninvasive cancer treatment that uses ultrasound waves to target and potentially shrink tumors. The insurer said histotripsy was not medically necessary and was considered experimental and investigational.

"Had the bill been in effect last year, Tennant could have undergone histotripsy without preapproval, because it was a less expensive alternative to chemotherapy." Kimble said.

Becky Tennant, Eric Tennant's wife, told members of a West Virginia House committee in late February that she submitted medical records, expert opinions, and data in several attempts to appeal the insurer's denial. She said she reached out to almost every state representative to seek help with the appeal. "The insurance company's decision did not simply delay care. It closed doors." Becky Tennant said.

After reporters posed questions to the insurance agency in late May, the insurer reversed its decision and approved histotripsy for Eric Tennant. Within one week of the reversal, Tennant was hospitalized. By midsummer, he was no longer considered a suitable candidate for the procedure.

The insurance agency enrolls nearly 215,000 people, including state workers, their spouses, and dependents.