H. B. 4327


(By Delegate Hines)
[Introduced February 1, 2000; referred to the
Committee on Banking and Insurance then Finance.]




A BILL to amend article twenty-five-c, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section four, relating to prohibiting insurers and managed care plans in the state from interfering with their subscribers and enrollees from using the 911 emergency telephone system.

Be it enacted by the Legislature of West Virginia:
That article twenty-five-c, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section four, to read as follows:
ARTICLE 25C. HEALTH MAINTENANCE ORGANIZATION PATIENT BILL OF RIGHTS.

§33-25C-4. Acts prohibited.
All insurers, nonprofit health service plans and managed care plans that provide hospital, medical or surgical benefits to individuals or groups under health insurance policies or contracts that are issued and delivered in the state are prohibited as follows:
(1) That they may not in any way penalize or discriminate against a subscriber or enrollee for accessing the 911 system to obtain emergency ambulance services.
(2) That they may not use false or misleading language in enrollment sales materials or in any other materials provided to subscribers or enrollees to discourage or prohibit subscribers or enrollees from accessing the 911 system for emergency ambulance services.


NOTE: The purpose of this bill is to prohibit certain insurers, nonprofit health service plans and health maintenance organizations from establishing or promoting an emergency system in competition with the 911 service and from providing false or misleading information to subscribers and enrollees to discourage or prohibit access to the 911 system.

§33-25C-4 is new; therefore, strike-throughs and underscoring have been omitted.