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Introduced Version Senate Bill 449 History

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Key: Green = existing Code. Red = new code to be enacted
Senate Bill No. 449

(By Senators Helmick, Kessler, Minard, Unger and Plymale)

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[Introduced February 2, 2010; referred to the Committee on the Judiciary; and then to the Committee on Finance.]

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A BILL to amend and reenact §5-16-17 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Public Employees Insurance Act; and when employees may enroll without limitations of preexisting conditions.

Be it enacted by the Legislature of West Virginia:
That §5-16-17 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-17. Preexisting conditions not covered; defined.
A preexisting condition is an injury, or sickness, or any condition relating to that injury, or sickness, for which a participant is diagnosed, receives treatment, or incurs expenses within three months a certain period of time prior to the effective date of coverage. Provided, That a preexisting condition shall not include a condition which meets the definition of handicap as provided in section three, article eleven, chapter five of this code. In determining whether the preexisting condition limitation provision applies to an eligible employee or dependent, the Public Employees Insurance Agency shall credit the time such person was covered under any previous employer-based health benefit plan, any comparable individual health benefit plan, or any self-insured plan if the previous coverage was continuous to a date not more than thirty days prior to the effective date of the new coverage, exclusive of an applicable waiting period under such plan
For all participants enrolling in the plan after the effective date of this section, no payment shall be made for expenses incurred for or in connection with a preexisting condition: unless the expenses are incurred after the expiration of a one-year period during which the participant is continuously participating in the plan Provided, That participants may enroll or make plan selections only at the time of hire, during annual open enrollment or upon the occurrence of a "qualifying event" under section 125 of the United States Internal Revenue Code.



NOTE: The purpose of this bill is to prohibit the imposition of preexisting condition limitations on employees under the West Virginia Public Employees Insurance Act, while limiting the occasions upon which employees may enroll or make benefit changes.

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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