Senate Bill No. 544

(By Senator Craigo, Unger, Sharpe, Minard, Ross, Minear, Walker, Bailey, Dittmar and Anderson)

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[Introduced February 18, 2000; referred to the Committee on Banking and Insurance.]
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A BILL to amend article four, 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 twenty-one, relating to prohibiting certain health insurers in the state from penalizing or discriminating against subscribers who use the 911 emergency telephone system to obtain emergency ambulance services.

Be it enacted by the Legislature of West Virginia:
That article four, 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 twenty-one, to read as follows:
ARTICLE 4. GENERAL PROVISIONS.

§33-4-21. Prohibited acts.
Except as exempted under this code, all health insurers, nonprofit health service plans, managed care plans or other individuals or groups providing for the payment of medical services and goods shall not:
(a) In any way penalize or discriminate against a subscriber for accessing the 911 telephone system to obtain emergency ambulance services; or
(b) Use false or misleading language in enrollment sales materials or in any other materials provided to subscribers or potential subscribers to discourage or prohibit subscribers from accessing the 911 telephone system for emergency ambulance services.


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

This section is new; therefore, strike-throughs and underscoring have been omitted.