West Virginia Passes Law to Ease Prior Authorization After Man's Death

The new law allows patients to pursue alternative treatments without additional approvals from their state health plan.

Apr. 1, 2026 at 7:19pm

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Six months after a West Virginia man died following a protracted battle with his health insurer over doctor-recommended cancer care, the state's Republican governor signed a bill intended to curb the harm of insurance denials. The new 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 the need for another approval from the state-based health plan.

Why it matters

The West Virginia law was inspired by the case of Eric Tennant, a coal-mining safety instructor who died at age 58 after his insurer repeatedly denied coverage for a $50,000 noninvasive cancer treatment. His family hopes the new law will prevent similar delays in care for other patients facing prior authorization hurdles.

The details

West Virginia's Public Employees Insurance Agency enrolls nearly 215,000 people, and the new law will take effect on June 10. It was passed unanimously by the state legislature in March. The law was introduced by Republican Delegate Laura Kimble, who said it offers 'a rational solution' for patients facing 'the most irrational and chaotic time of their lives.' Had the law been in effect earlier, Tennant could have undergone the alternative treatment without preapproval, since it was less expensive than the chemotherapy his insurer had already authorized.

  • In early 2025, the Public Employees Insurance Agency repeatedly denied Tennant coverage of a $50,000 noninvasive cancer treatment.
  • In late May 2025, the insurer reversed its decision and approved the treatment, but it was too late.
  • Tennant was hospitalized within one week of the reversal and his health continued to decline.
  • By midsummer 2025, Tennant was no longer considered a suitable candidate for the procedure.
  • The new law was signed into law on March 31, 2026 and will take effect on June 10, 2026.

The players

Eric Tennant

A 58-year-old coal-mining safety instructor from Bridgeport, West Virginia who died after his insurer repeatedly denied coverage for a $50,000 noninvasive cancer treatment.

Becky Tennant

Eric Tennant's widow, who advocated for the new law after her husband's death.

Patrick Morrisey

The Republican governor of West Virginia who signed the new law.

Laura Kimble

The Republican Delegate from Harrison County who introduced the legislation.

Public Employees Insurance Agency

The state-based health plan that repeatedly denied coverage for Tennant's cancer treatment.

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What they’re saying

“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.”

— Patrick Morrisey, Governor of West Virginia

“This is about common sense, compassion, and trusting patients and their doctors to make the best decisions for their care.”

— Patrick Morrisey, Governor of West Virginia

“Families should not have to beg, appeal, or go public just to access time-sensitive care.”

— Becky Tennant, Eric Tennant's Widow

“Well, you need to at least try to change it. Because it's not fair.”

— Eric Tennant

What’s next

The new law will take effect on June 10, 2026, allowing patients in West Virginia's public employee health plan to pursue alternative treatments without additional prior authorization.

The takeaway

This case highlights the devastating impact that prior authorization denials can have on patients, and the urgent need for reforms to protect access to timely, medically necessary care. The new West Virginia law represents an important step forward, but more work is needed to address this systemic issue across the country.