2023 REGULAR SESSION

Introduced

House Bill 2162

By Delegates Keaton and Holstein

[Introduced January 11, 2023; Referred to the Committee on Banking and Insurance then the Judiciary]

A BILL to amend and reenact §33-20B-9 of the Code of West Virginia, 1931, as amended, relating to requiring insurers of physicians who perform abortions to establish a separate insurance pool.

Be it enacted by the Legislature of West Virginia:

ARTICLE 20B. RATES AND MALPRACTICE INSURANCE POLICIES.

§33-20B-9. Authority of commissioner to promulgate rules and regulations regarding affiliate and subsidiary operating results.

The commissioner may, as he or she deems considers necessary after notice and hearing, promulgate rules and regulations in accordance with §29A-3-1 et seq. of this code to define the commissioner’s authority to consider the operating results of an insurer's affiliates and subsidiaries in the rate making and solvency determination of that insurer:  Provided, That prior to July 1, 2023, the commissioner shall promulgate rules in accordance with §29A-3-1 et seq. of this code that provide that insurers of physicians who perform abortions shall establish a separate insurance pool: Provided, however, That malpractice insurance premiums may not be lower under this separate pool than they would otherwise be to insure the physician.

NOTE: The purpose of this bill is to require insurers of physicians who perform abortions to establish a separate insurance pool.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.