WEST virginia Legislature
2019 regular session
House Bill 2125
By Delegate Caputo
[Introduced January 9, 2019;
to the Committee on Banking and Insurance then Judiciary ]
A BILL to amend and reenact §33-2-21 of the Code of West Virginia, 1931, as amended, relating to granting the Insurance Commissioner the authority to regulate and penalize self-insured employers; providing for monetary penalties; and permitting noncompliant self-insured employers to become compliant without penalty.
Be it enacted by the Legislature of West Virginia:
ARTICLE 2. INSURANCE COMMISSIONER.
§33-2-21. Authority of Insurance Commissioner to regulate workers’ compensation industry and self-insured employers; authority of Insurance Commissioner to administer chapter 23 of the Code of West Virginia.
(a) Upon the termination of
the Workers' Compensation Commission pursuant to chapter 23 of this code, the
powers and duties heretofore imposed upon the Workers’ Compensation Commission
as they relate to general administration of
the provisions of said that
chapter are hereby transferred to and imposed upon the Insurance Commissioner.
(b) Unless otherwise
specified in chapter 23 of this code, upon termination of the Workers'
Compensation Commission, the duties imposed upon the Workers’ Compensation
Commission as they relate to the award and payment of disability and death
benefits and the review of claims in §23-4-1 et seq. and §23-5-1 et
seq.of this code will be imposed upon the Employers Mutual Insurance
Company established pursuant to §23-2C-1 et seq. of this code, a private
carrier offering workers' compensation insurance in this state and self-insured
employers. Whenever reference is made to the Workers’ Compensation
Commissioner in those articles, the duty prescribed
shall apply applies
to the Employers Mutual Insurance Company, a private carrier or self-insured
employer, as applicable.
(c) From the effective date
of this enactment, the Insurance Commissioner shall regulate all insurers
licensed to transact workers’ compensation insurance in this state and
of the provisions of this chapter shall apply to such applies to
those insurers, unless otherwise exempted by statute.
(d) Notwithstanding any provision of the code to the contrary the Insurance Commissioner shall regulate all self-insured employers in this state and this chapter applies to those insurers from the effective date of this subsection. Upon notice of noncompliance of this chapter by the Insurance Commissioner, a self-insured employer has 90 days to come into compliance. Thereafter, a noncompliant self-insured employer is subject to the penalties permitted by §23-11-6 of this code.
NOTE: The purpose of this bill is to grant the Insurance Commissioner the power to regulate and penalize self-insured employers. The bill also permits noncompliant employers to be compliant without penalty within 90 days after receiving notice of noncompliance. The bill also allows monetary penalties.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.