H. B. 4370
(By Delegates Long and Perdue)
[Introduced February 1, 2008; 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 §33-6-38, relating to
requiring all health insurance policies to allow a minimum of
one year to file health insurance claims.
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 §33-6-38, to read as
follows:
ARTICLE 6. THE INSURANCE POLICY.
§33-6-38. Minimum of one year for filing a health insurance claim.
All individual and group health insurance policies are
required to allow insured a minimum of one year, from the date of
injury or within one year of the date when such person discovers,
or with the exercise of reasonable diligence, should have
discovered such injury, whichever last occurs, to file a claim for health insurance coverage.
NOTE: The purpose of this bill is to allow insureds a minimum
of one year to file all claims.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.