H. B. 3297
(By Delegate Manchin)
[Introduced January 13, 2010; referred to the
Committee on Banking and Insurance then Government Organization.]
A BILL to amend and reenact §33-2-17 of the Code of West Virginia,
1931, as amended, relating to allowing the director to
participate in the review and consideration of any rate filing
made pursuant to chapter thirty-three.
Be it enacted by the Legislature of West Virginia:
That §33-2-17 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 2. INSURANCE COMMISSIONER.
§33-2-17. Office of Consumer Advocacy.
(a) In addition to the authority established under the rules
promulgated by the Director, the Office of Consumer Advocacy is
authorized to:
(1) Institute, intervene in, or otherwise participate in, as
an advocate for the public interest and the interests of insurance
consumers, proceedings in state and federal courts, before administrative agencies or before the Health Care Authority,
concerning applications or proceedings before the Health Care
Authority or the review of any act, failure to act or order of the
Health Care Authority;
(2) At the request of one or more policyholders, or whenever
the public interest is served, to advocate the interests of those
policyholders in proceedings arising out of any filing made with
the Insurance Commissioner by any insurance company or relating to
any complaint alleging an unfair or deceptive act or practice in
the business of insurance;
(3) At the request of one or more third-party claimant who
does not have legal representation at a hearing on his or her
claim, or whenever the public interest is served, to advocate the
interests of those third-party claimants in proceedings arising out
of any filing made with the Insurance Commissioner by any insurance
company or relating to any third-party complaint alleging an unfair
claims settlement practice;
(4) Institute, intervene in or otherwise participate in, as an
advocate for the public interest and the interests of insurance
consumers, proceedings in state and federal courts, before
administrative agencies, or before the Insurance Commissioner,
concerning applications or proceedings before the commissioner or
the review of any act, failure to act or order of the Insurance
Commissioner;
(5) Review and compile information, data and studies of the
reasonable and customary rate schedules of health care providers
and health insurers for the purposes of reviewing, establishing,
investigating, or supporting any policy regarding health care
insurance rates;
(6) Exercise all the same rights and powers regarding
examination and cross-examination of witnesses, presentation of
evidence, rights of appeal and other matters as any party in
interest appearing before the Insurance Commissioner or the Health
Care Authority;
(7) Hire consultants, experts, lawyers, actuaries, economists,
statisticians, accountants, clerks, stenographers, support staff,
assistants and other personnel necessary to carry out the
provisions of this section and sections sixteen and eighteen of
this article, which personnel shall be paid from special revenue
funds appropriated for the use of the office;
(8) Contract for the services of technically qualified persons
in the area of insurance matters to assist in the preparation and
presentation of matters before the courts, the Insurance
Commissioner, administrative agencies or the Health Care Authority,
which persons shall be paid from special revenue funds appropriated
for the use of the office;
(9) Make recommendations to the Legislature concerning
legislation to assist the office in the performance of its duties;
(10) Communicate and exchange data and information with other
federal or state agencies, divisions, departments or officers and
with other interested parties, including, but not limited to,
health care providers, insurance companies, consumers or other
interested parties; and
(11) Perform other duties to effect the purposes of the
Office.
(b) The provisions of this section do not apply to any filing
made by an insurance company, or act or order performed or issued
by the commissioner, or complaint filed by a policyholder with the
commissioner prior to June 30, 1991. All proceedings and orders in
connection with these prior matters shall be governed by the law in
effect at the time of the filing, or performance or issuance of the
act or order.
(c) Nothing in this section may be construed to authorize the
Director to participate in the review and consideration of any rate
filing made pursuant to this chapter.
NOTE: The purpose of this bill is to allow the director to
participate in the review and consideration of any rate filing made
pursuant to chapter thirty-three.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.