SB 287 Text

Senate Bill No. 287
(By Senators Ross, Minard,
Snyder, Boley and Minear)
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[Introduced January 24, 2003; referred to the
Committee on Banking and Insurance;
and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to authorizing the insurance commissioner to promulgate a legislative rule relating to examiners' compensation, qualifications and classification.

Be it enacted by the Legislature of West Virginia:

That section two, article seven, chapter sixty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO PROMULGATE LEGISLATIVE RULES.

§64-7-2. Insurance commissioner.

(a) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand one, authorized under the authority of section ten, article two and section six-a, article seventy-b, chapter thirty-three of this code, relating to the insurance commissioner (medical malpractice loss experience and loss expense annual reporting requirements, 114 CSR 23), is authorized.

(b) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand one, authorized under the authority of section ten, article two, section one, article six-f, and section four, article eleven-a, chapter thirty-three of this code, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-first day of December, two thousand one, relating to the insurance commissioner (privacy of consumer financial and health information, 114 CSR 57), is authorized.

(c) The legislative rule filed in the state register on the twenty-fifth day of July, two thousand one, authorized under the authority of section ten, article two and sections six and nine, article twenty-five-c, chapter thirty-three of this code, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the twenty-first day of December, two thousand one, relating to the insurance commissioner (external review of coverage denials, 114 CSR 58), is authorized with the following amendments:

On page seven, Section 5.2.b., in the second sentence following the words "numbers of two" by inserting the words "randomly selected" and following the words "external review organizations" by inserting the words "which have been approved pursuant to section 8 and which do not have a conflict of interest as described in subdivision (d) of subsection 9.1.,";

On page seven, by striking all of section 5.5., and renumbering the subsequent sections accordingly;

On page fourteen, section 7.3., after the word "Code" by striking out "§33-25A-6" and inserting in lieu thereof "§33-25C-6";

And,

On page fourteen, section 8.1., after the word "Code" by striking out "§33-25A-6" and inserting in lieu thereof "§33-25C-6".

(d) The legislative rule filed in the state register on the twenty-sixth day of July, two thousand two, authorized under the authority of section ten, article two, chapter thirty-three, of this code, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the fourth day of November, two thousand two, relating to the insurance commissioner (examiners' compensation, qualifications and classification, 114 CSR 15), is authorized.

NOTE: The purpose of this bill is to authorize the Insurance Commissioner to promulgate a legislative rule relating to Examiners' Compensation, Qualifications and Classification.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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