HB 2187 Text

H. B. 2187

          (By Delegates Fleischauer, Miley, Caputo,
Longstreth, Marshall and Morgan)

          [Introduced February 13, 2013; referred to the
          Committee on Banking and Insurance then the Judiciary.]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; that said code be amended by adding thereto a new section, designated §33-15-22; that said code be amended by adding thereto a new section, designated §33-16-18; and that said code be amended by adding thereto a new section, designated §33-16D-17, all relating to prohibiting gender discrimination in health care insurance plans.
Be it enacted by the Legislature of West Virginia:
     That the Code of West Virginia, 1931, as amended, be amended, by adding thereto a new section, designated §5-16-7f; that said code be amended by adding thereto a new section, designated §33-15- 22; that said code be amended by adding thereto a new section, designated §33-16-18; and that said code be amended by adding thereto a new section, designated §33-16D-17, all to read as follows:
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.
§5-16-7f. Use of gender to establish plan rates prohibited.
_____Beginning January 1, 2014, no insurance plans provided in this article may use the gender of a person as a rating factor for premiums charged in the plan.
CHAPTER 33. INSURANCE.
ARTICLE 15. ACCIDENT AND SICKNESS INSURANCE.
§33-15-22. Use of gender of insured to establish rates prohibited.
_____Beginning January 1, 2014, for every policy of insurance or insurance plan provided in this article which provides coverage for hospital, surgical, or medical care coverage in the State of West Virginia, the gender of a person may not be used as a basis for premium rates charged during a rating period to the persons in that class for the same or similar coverage.
ARTICLE 16. GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-18. Use of gender of insured to establish rates prohibited.
_____Beginning January 1, 2014, for every policy of insurance or insurance plan provided in this article which provides coverage for hospital, surgical, or medical care coverage in the State of West Virginia, the gender of a person may not be used as a basis for premium rates charged during a rating period to the persons in that class for the same or similar coverage . _
ARTICLE 16D. MARKETING AND RATE PRACTICES FOR SMALL EMPLOYER ACCIDENT AND SICKNESS INSURANCE POLICIES.
§33-16D-17. Required policy coverage for autism spectrum disorder.
_____Beginning January 1, 2014, for every policy of insurance or insurance plan provided in this article which provides coverage for hospital, surgical, or medical care coverage in the State of West Virginia, the gender of a person may not be used as a basis for premium rates charged during a rating period to the persons in that class for the same or similar coverage.


     NOTE: The purpose of this bill is to prohibit the use of the gender of insured persons as a rate-making factor for health insurance policies.

     These sections are new; therefore, it has been completely underscored.

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