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WEST virginia legislature
2023 regular session
Committee Substitute
for
Senate Bill 292
By Senators Azinger, Deeds, and Karnes
[Originating in the Committee on Banking and Insurance; reported on January 24, 2023]
A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §35-1A-1, §35-1A-2, §35-1A-3, §35-1A-4, and §35-1A-5, all relating to creating the Health Care Sharing Ministries Freedom to Share Act; exempting health care sharing ministries from the state's insurance laws; providing definitions; providing that membership in a health care sharing ministry satisfies a requirement to have health care insurance by a public institution of higher education; and providing that a health care sharing ministry is not a third-party payor.
Be it enacted by the Legislature of West Virginia:
This article shall be known as the Health Care Sharing Ministries Freedom to Share Act.
A health care sharing ministry may not be considered to be engaging in the business of insurance for purposes of chapter 33 of this code.
"Health care sharing ministry" means a non-profit organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, codified in 26 U.S.C.§ 501(c)(3), which:
(a) Limits its participants to those members who share a common set of ethical or religious beliefs;
(b) Acts as a facilitator among participants who have financial or medical needs to assist those with financial or medical needs in accordance with criteria established by the health care sharing ministry;
(c) Provides for the financial or medical needs of a participant through contributions from other participants;
(d) Provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the health care sharing ministry to the participants;
(e) Provides to the participants monthly the total dollar amount of qualified needs actually shared in the previous month in accordance with criteria established by the health care sharing ministry;
(f) Conducts an annual audit that is performed by an independent certified public accounting firm in accordance with generally accepted accounting principles and that is made available to the public by providing a copy, upon request, and by posting on the organization’s website; and
(g) Provides a written disclaimer on or accompanying all applications and guideline materials distributed by or on behalf of the organization that reads, in substance: "Notice: The organization facilitating the sharing of medical expenses is not an insurance company, and neither its guidelines nor plan of operation is an insurance policy. Whether anyone chooses to assist you with your medical bills will be totally voluntary because no other participant will be compelled by law to contribute toward your medical bills. As such, participation in the organization or a subscription to any of its documents should never be considered to be insurance. Regardless of whether you receive any payments for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills."
If a public institution of higher education in this state requires a student to purchase health care insurance, the institution shall allow the student to satisfy this requirement through membership in a health care sharing ministry.
A health care sharing ministry may not be considered a third-party payor for any purposes where the term "third-party payor" or similar term, such as "third party payer", occurs in this code, including financial assistance programs for hospitals, Medicaid, the West Virginia Children’s Health Insurance Program, and other safety net programs for health care set forth in chapter 33 of this code.
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