To the Governor: West Virginia Gives Final Approval to Bill to Expand Health Freedom

CHARLESTON, W.Va. (Mar. 15, 2017) – Today, the West Virginia House gave final approval to a bill that would help facilitate healthcare freedom without federal government regulation.

Del. Joel Ellington (R-Princeton) and Del. Amy Summers (R-Flemington) introduced House Bill 2301 (HB2301) on Feb. 9. The legislation specifies that direct primary care agreements (sometimes called medical retainer agreements) do not constitute insurance, thereby freeing doctors and patients from the onerous requirements and regulations under the state insurance code. The bill also stipulates that neither direct primary care providers nor their agents are required to obtain a certification of authority or license under chapter thirty-three to market, sell, or offer to sell a direct primary care agreement.

HB2301 includes provisions defining and establishing requirements for direct primary care agreements.

The Senate approved HB2301 with an amended title on March 11 by a 33-0 vote. Today, the House concurred with the amended title 98-0, sending the bill to Gov. Jim Justice’s desk for his signature.

According to Michigan Capitol Confidential, by removing a third party payer from the equation, medical retainer agreements help both physicians and patients minimize costs. Jack Spencer writes:

“Under medical retainer agreements, patients make monthly payments to a physician who in return agrees to provide a menu of routine services at no extra charge. Because no insurance company stands between patient and doctor, the hassles and expense of bureaucratic red tape are eliminated, which have resulted in dramatic cost reductions. Routine primary care services (and the bureaucracy required to reimburse them) are estimated to consume 40 cents out of every dollar spent on insurance policies, so lower premiums for a given amount of coverage are another potential benefit.”

This represents the kind of cost control Obamacare promised, but failed to deliver.

Under Obamacare, regulations define such programs as a primary care service and not a health insurance plan, and current IRS policy treats these monthly fee arrangements just like another health plan.


At this point, it appears the Republicans will not actually repeal Obamacare, and the changes to the plan may actually make things worse. Regardless, state actions can help completely bring down the Affordable Care Act or whatever you want to call the Republican version of national healthcare.

Oftentimes, supporters of Obamacare criticize opponents for not having any alternative. Direct primary care offers one.

These direct patient/doctor agreements allow a system uncontrolled by government regulations to develop. It makes doctors responsive to patients, not insurance company bureaucrats or government rule-makers. Allowing patients to contract directly with doctors via medical retainer agreements opens the market. Under such agreements, market forces will set price for services based on both demand instead of relying on central planners with a political agenda. The end-result will be better care delivered at a lower cost.

By incentivizing creative healthcare solutions, the market will naturally provide better options, such as the Surgery Center of Oklahoma, This facility operates completely outside of the insurance system, providing a low-cost alternative for many surgical procedures.

A more open healthcare marketplace within a state will help spur de facto nullification the federal program by providing an affordable alternative. As patients flock to these arrangements and others spurred by ingenuity and market forces, the old system will begin to crumble.

Passage of HB2301 would represent a first step toward healthcare freedom in West Virginia, and would create a stepping stone to further action to nullify the onerous federal regulation of healthcare. Once in place, West Virginians can take further steps to fully extricate themselves from national healthcare for good.

For more information on a plan to nullify federal healthcare, click HERE.


Gov. Justice will have 5 days from the date of transmittal (excluding Sunday) to sign or veto HB2301. If he does not act, it will become law without his signature.

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