Senate Bill No. 186
(By Senators Manchin, Anderson, Grubb and Minard)
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[Introduced January 31, 1994; 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 legislative rules
relating to insurance holding company systems reporting
forms.
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 theeighteenth 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 andrefiled 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 thetenth 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 insurancecommissioner (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 theobjections 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
(insurance holding company systems reporting forms), are
authorized.
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(NOTE: The purpose of this bill is to authorize the
Insurance Commissioner to promulgate legislative rules relating
to insurance holding company systems reporting forms.)