H. B. 2552
(By Delegates Miley, Guthrie, Brown and Fleischauer)
[Introduced February 17, 2009; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §23-1-2 of the Code of West Virginia,
1931, as amended, relating to revising insurance commissioner
reporting requirements to the Legislature on workers'
compensation insurance rules, policies and guidelines.
Be it enacted by the Legislature of West Virginia:
That §23-1-2 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER;
EXTRATERRITORIAL COVERAGE.
§23-1-2. Reports by the Insurance Commissioner.
(a)
In addition to any other oversight of the commission
exercised by the Legislature, the commission The insurance
commissioner shall
regularly report
at least quarterly to the Joint
Committee on Government and Finance
and the joint commission on
economic development or other legislative committee or subcommittee
designated by the Joint Committee on Government and Finance, pursuant to the provisions of this section, and article two,
chapter four of this code. The
commission commissioner shall
collect data and report on claims and injuries and on the costs and
outcomes of injuries by standard codes for medical treatment,
vocation rehabilitation services, return-to-work services, other
benefits payable to or on behalf of employees, efforts to eliminate
fraud and abuse and the impact of judicial and quasijudicial
rulings on the administration of the Workers' Compensation System
and the solvency of the fund. The
workers' compensation commission
commissioner shall provide to the
joint committee on government and
finance and the joint commission on economic development designated
committee, an action plan for improving the Workers' Compensation
System. This plan shall include detail on any administrative
changes undertaken by the
commission commissioner, a report on the
anticipated outcome of the changes, a cost-benefit analysis of the
changes and time frames for commencement and completion of these
changes. Subsequent reports to the Joint Committee on Government
and Finance and the Joint Commission on Economic Development shall
report on the progress of these changes. The administrative
changes shall include, but are not limited to, claims processing,
reorganization, staff development and training, return-to-work
programs, workplace alternatives for injured workers, safety
programs and medical and vocational services.
(b) The commissioner shall provide copies of all rules, guidelines and policies for the operation and regulation of the
workers' compensation insurance market pursuant to section one-a of
this article, and the administration of old fund claims, as
provided in article two-c of this chapter. Every rule is submitted
to the committee designated pursuant to subsection (a) of this
section, at the beginning of the public comment period and within
thirty days of final promulgation of the rule. The committee
shall review the rule as soon as practical following initial filing
by the commissioner. Copies of guidelines and policies shall be
submitted upon adoption by the commissioner. The commissioner
shall submit only those guidelines and policies that apply
uniformly to the entire workers' compensation insurance market or
the old fund, and is not required to submit policies or guidelines
prepared for individual insurers or that relate only to the
internal operations of the office of the Insurance Commissioner.
In all submissions required by this section, twenty copies of the
submitted documents shall be filed with the committee.
(b) (c) The
commission commissioner shall also report on the
current status of the Workers' Compensation Fund and the
Coal-workers' Pneumoconiosis Fund. This analysis shall include the
current balances in the fund and revenue generated and expended in
relationship to the liabilities and assets of the funds and
estimates of any debt reduction relative to the fund over the next
reporting period.
(c) (d) The
commission commissioner shall further report on
the impact on the Workers' Compensation System of the amendments to
subdivision (2), subsection (n), section six, article four of this
chapter enacted during the year 2003, including, but not limited
to, an analysis of any litigation resulting from the amendments and
the availability of health care to injured workers resulting from
the amendments.
(d) (e) The
commission commissioner shall further report on
methodologies used to establish all types of assessments and rates.
(e) (f) The
commission commissioner shall further report on
legislative action that may be required to further improve the
operation of the
commission the Workers' Compensation System.
(f) (g) The
commission commissioner shall further report on
efforts to eliminate fraud and abuse including a statistical
breakdown of investigations being conducted and their outcomes.
The
commission commissioner shall report to the Joint Committee on
Government and Finance on a monthly basis until July 1, 2004, on
fraud and abuse and quarterly thereafter.
NOTE: The purpose of this bill is to provide for legislative
notice by the Insurance Commissioner whenever a rule, policy or
guideline that affects the workers compensation insurance system is
implemented.
Strike-throughs indicate language that would be stricken from
the present law and underscoring indicates new language that would
be added.