HB2776 H JUD AM #1

KR 3133

The Committee on Health and Human Resources moved to amend the bill on page 1, by striking everything after the enacting clause and inserting in lieu thereof the following:

ARTICLE 11B.  WEST VIRGINIA AIR AMBULANCE PATIENT PROTECTION ACT.

§33-11B-1. Declaration of air ambulance membership products as insurance.

(a) An air ambulance membership agreement or subscription for air ambulance services for which a fee is collected from a member or member entity and which a fee is received by an air ambulance provider or air ambulance network is insurance and may be considered secondary insurance coverage or a supplement to any insurance coverage, and shall be subject to regulation by the commissioner pursuant to the provisions of this chapter.

(b) No person or entity, whether directly or indirectly through an affiliated entity, agreement with a third party entity, or otherwise, may solicit or sell air ambulance membership agreements or subscriptions, accept membership applications, or charge membership fees except as authorized by a valid license or licenses issued by the commissioner pursuant to the provisions of this chapter.

(c) The commissioner may promulgate rules in accordance with chapter twenty-nine-a of this code to effectuate the provisions of this article.

(d) Except as otherwise expressly stated herein, the provisions of this section shall become effective on July 1, 2021.

Adopted

Rejected