BILL-Insurance, Life & Health
H. B. 4273
(By Delegates Gallagher, Douglas, Compton,
Huntwork, Burk and Faircloth)
(Introduced January 31, 1994; referred to the
Committee on Banking and Insurance then the
Judiciary.)
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 legislative rules relating to the West Virginia life and health insurance guaranty association act notice requirements.
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 rules filed in the state register on the eighteenth day of October, one thousand nine hundred eighty-three, relating to the insurance commissioner (excess line brokers), are authorized.
(b) The legislative rules filed in the state register on the eighteenth day of August, one thousand nine hundred eighty-six, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the twelfth day of December, one thousand nine hundred eighty-six, relating to the insurance commissioner (examiners' compensation, qualification and classification), are authorized.
(c) The legislative rules filed in the state register on the twentieth day of February, one thousand nine hundred eighty-seven, relating to the insurance commissioner (West Virginia essential property insurance association), are authorized.
(d) The legislative rules filed in the state register on the twenty-ninth day of May, one thousand nine hundred eighty-seven, relating to the insurance commissioner (medical malpractice annual reporting requirements), are authorized.
(e) The legislative rules filed in the state register on the thirty-first day of July, one thousand nine hundred eighty-seven, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the seventh day of November, one thousand nine hundred eighty-seven, relating to the insurance commissioner (medical malpractice loss experience and loss expense reporting requirements), are authorized.
(f) The legislative rules filed in the state register on the thirtieth day of November, one thousand nine hundred eighty-eight, 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 February, one thousand nine hundred eighty-nine, relating to the insurance commissioner (transitional requirements for the conversion of Medicare supplement insurance benefits and premiums to conform to Medicare program revisions), are authorized.
(g) The legislative rules filed in the state register on the twenty-sixth day of May, one thousand nine hundred eighty-nine, 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-eighth day of September, one thousand nine hundred eighty-nine, relating to the insurance commissioner (insurance adjusters), are authorized.
(h) The legislative rules filed in the state register on the second day of February, one thousand nine hundred ninety, 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-ninth day of May, one thousand nine hundred ninety, relating to the insurance commissioner (accident and sickness rate filing), are authorized.
(i) The legislative rules filed in the state register on the tenth day of August, one thousand nine hundred ninety, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the ninth day of October, one thousand nine hundred ninety, relating to the insurance commissioner (group coordination of benefits), are authorized.
(j) The legislative rules filed in the state register on the tenth day of August, one thousand nine hundred ninety, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the seventeenth day of January, one thousand nine hundred ninety-one, relating to the insurance commissioner (AIDS regulations), are authorized.
(k) The legislative rules filed in the state register on the third day of December, one thousand nine hundred ninety, relating to the insurance commissioner (health insurance benefits for temporomandibular and craniomandibular disorders), are authorized.
(l) The legislative rules filed in the state register on the twelfth day of August, one thousand nine hundred ninety-one, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirteenth day of January, one thousand nine hundred ninety-two, relating to the insurance commissioner (guaranteed loss ratios as applied to individual sickness and accident insurance policies), are authorized.
(m) The legislative rules filed in the state register on the ninth day of August, one thousand nine hundred ninety-one, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirteenth day of January, one thousand nine hundred ninety-two, relating to the insurance commissioner (examiners' compensation, qualifications and classification), are authorized.
(n) The legislative rules filed in the state register on the seventeenth day of July, one thousand nine hundred ninety-one, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirteenth day of January, one thousand nine hundred ninety-two, relating to the insurance commissioner (permanent regulations on Medicare supplement insurance), are authorized.
(o) The legislative rules filed in the state register on the twelfth day of August, one thousand nine hundred ninety-one, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the thirteenth day of January, one thousand nine hundred ninety-two, relating to the insurance commissioner ("tail" malpractice insurance covering certain medical and allied health care providers), are authorized.
(p) The legislative rules filed in the state register on the eighteenth day of September, one thousand nine hundred ninety-two, relating to the insurance commissioner (regulation of credit life insurance and credit accident and sickness insurance), are authorized.
(q) The legislative rules filed in the state register on the eighteenth day of September, one thousand nine hundred ninety-two, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the tenth day of December, one thousand nine hundred ninety-two, relating to the insurance commissioner (filing fees for purchasing groups and for risk retention groups not chartered in this state), are authorized.
(r) The legislative rules filed in the state register on the fourteenth day of October, one thousand nine hundred ninety-two, relating to the insurance commissioner (group coordination of benefits), are authorized with the amendments set forth below:
"On page six, subsection 2.1.9., after the words 'If a person is covered by more than one employer group minimum benefits plan, the order of benefits determination rules of this regulation decide the order in which their benefits are determined in relation to each other' by inserting a colon and the words '
Provided,
That under the provisions of West Virginia Code §5-16-12(a), coverage issued pursuant to the Public Employees Insurance Act is secondary to an employer group minimum benefits plan and any other applicable health insurance coverage.'"
(s) The legislative rules filed in the state register on the eighteenth day of September, one thousand nine hundred ninety-two, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, one thousand nine hundred ninety-three, relating to the insurance commissioner (permanent regulations on medicare supplement insurance), are authorized.
(t) The legislative rules filed in the state register on the eighteenth day of September, one thousand nine hundred ninety-two, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, one thousand nine hundred ninety-three, relating to the insurance commissioner (individual and employer group minimum benefits, accident and sickness insurance policies), are authorized with the amendments set forth below:
"On page two, subsection 3.2 by striking out the period and inserting the following: 'other than coverage issued pursuant to the Public Employees Insurance Act, as provided in West Virginia Code §5-16-12(a).'"
(u) The legislative rules filed in the state register on the eighteenth day of September, one thousand nine hundred ninety-two, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, one thousand nine hundred ninety-three, relating to the insurance commissioner (long-term care insurance), are authorized.
(v) The legislative rules filed in the state register on the eighteenth day of September, one thousand nine hundred ninety-two, modified by the insurance commissioner to meet the objections of the legislative rule-making review committee and refiled in the state register on the fifteenth day of January, one thousand nine hundred ninety-three, relating to the insurance commissioner (standards for uniform health care administration), are authorized.
(w) The legislative rules filed in the state register on the sixteenth day of August, one thousand nine hundred ninety-three, 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-ninth day of November, one thousand nine hundred ninety-three, relating to the insurance commissioner (West Virginia life and health insurance guaranty association act notice requirements), are authorized.
NOTE: The purpose of this bill is to authorize the Insurance Commissioner to promulgate legislative rules relating to the West Virginia Life and Health Insurance Guaranty Association Act notice requirements.
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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