ENROLLED

Senate Bill No. 82

(By Senators Holliday and Boley)

____________

[Passed March 5, 1994; to take effect July 1, 1994.]

____________




AN ACT to amend and reenact sections four and six, article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to continuation of the public employees insurance agency finance board; reimbursement and compensation for the members; requiring advice by a newly designated advisory board; compensation for advisory board members.

Be it enacted by the Legislature of West Virginia:
That sections four and six, article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.

§5-16-4. Public employees insurance agency finance board created; qualifications, terms and removal of members; quorum; compensation and expenses; termination date.

(a) There is hereby created the public employees insuranceagency finance board, which shall consist of the director and four members appointed by the governor with the advice and consent of the Senate for terms of four years and until the appointment of their successors: Provided, That the members initially appointed by the governor shall be appointed not later than the tenth day of September, one thousand nine hundred ninety, and may serve and may perform the duties required by this article until such time as the Senate may convene to give its advice and consent. Of the members first appointed, one shall be appointed for a term of one year, one for two years, one for three years and one for four years. Members may be reappointed for successive terms. No more than three members (including the director) may be of the same political party.
(b) Of the four members appointed by the governor, one member shall represent the interests of education employees, one shall represent the interests of public employees and two shall be selected from the public at large. The two members appointed from the public shall each have experience in the financing, development or management of employee benefit programs. All new appointments made subsequent to the first day of July, one thousand nine hundred ninety-four, shall be selected to represent the different geographical areas within the state and all members shall be residents of West Virginia. No member may be removed from office by the governor except for official misconduct, incompetence, neglect of duty, neglect of fiduciary duty or other specific responsibility imposed by this article, or grossimmorality.
(c) The director shall serve as chairperson of the finance board, which shall meet at such time and place as shall be specified by the call of the director or upon the written request to the director of at least two members. Notice of each meeting shall be given in writing to each member by the director at least three days in advance of the meeting. Three members shall constitute a quorum. The board shall pay each member the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties.
(d) Pursuant to the provisions of article ten, chapter four of this code, the finance board shall terminate on the first day of July, one thousand nine hundred ninety-five, unless extended by legislation enacted before the termination date.
(e) Upon termination of the board and notwithstanding any provisions in this article to the contrary, the director is authorized to assess monthly employee premium contributions and to change the types and levels of costs to employees only in accordance with this subsection. Any assessments or changes in costs imposed pursuant to this subsection shall be implemented by rules and regulations of the director promulgated pursuant to the provisions of chapter twenty-nine-a of this code. Any employee assessments or costs authorized by the finance board shall remainin effect until amended by rule or regulation of the director promulgated pursuant to this subsection.

§5-16-6. Creation and composition of advisory board; powers and duties of board generally; expenses.

(a) The public employees insurance agency advisory board is hereby created and established to provide advice and make recommendations to the director concerning group hospital and surgical insurance, group major medical insurance and group life and accidental death insurance for all employees in the manner as hereinafter provided. All business of the advisory board shall be transacted in the name of West Virginia public employees insurance agency advisory board. The advisory board members shall receive notice of all finance board meetings and be given the opportunity to offer advice and recommendations to the finance board.
(b) The advisory board shall consist of fifteen members who are citizens of the United States and residents of this state as follows: Three members representing licensed health care professionals, health care facilities or other types of health care providers, one of whom shall be a physician, appointed by the governor, with the advice and consent of the Senate; five members either covered by the public employees insurance plans or from organizations representing such employees, one of whom shall represent either retired public employees or retired educators and one of whom shall represent county or municipal public employees, appointed by the governor, with the advice and consentof the Senate, and selected so as to represent as broadly as possible all elements of the employees covered by the plan: Provided, That such members shall not be: (1) Employees of or contractors to any health care facility; (2) licensed health care professionals; (3) members of the immediate family of licensed health care professionals; or (4) an employee of or contractor to any such licensed health care professionals; the insurance commissioner or his or her designee; one representative of the West Virginia health care cost review authority, appointed by the governor, with the advice and consent of the Senate; five members from the public at large appointed by the governor, with the advice and consent of the Senate. Members of the board shall be selected to represent, as broadly as possible, the different geographical areas within the state. No more than ten of the fifteen members of the board shall be of the same political party.
Of the members first appointed by the governor to the advisory board, one health care provider member shall be appointed for a term of two years; one health care provider member shall be appointed for a term of four years and one health care provider member shall be appointed for a term of five years; the member who is the representative of the West Virginia health care cost review authority shall be appointed for a term of three years; the five members who are participants in the public employees insurance plan shall be appointed to terms of one, two, three, four and five years respectively; and the five members whoare the public at large shall be appointed to terms of one, two, three, four and five years respectively. Subsequent appointed members shall be appointed to five-year terms except for members appointed to fill vacancies who shall serve for the remainder of the vacant term. Members of the advisory board are eligible for reappointment upon the expiration of their terms but may not serve more than two full five-year terms consecutively. Members' terms shall commence on the first day of September of the year of appointment and end on the thirty-first day of August in the year in which the term expires.
The advisory board shall hold a meeting at least twice each year and shall designate the time and place of such meeting. Nine advisory board members shall constitute a quorum at any meeting of the advisory board. Each advisory board member shall be entitled to one vote on each question before the advisory board. A majority of the quorum present shall be required for a decision by the advisory board at its meetings. The advisory board shall keep a record of its proceedings.
The board shall elect one of its members as chairperson and shall meet at such time and place as shall be specified by the call of the chairperson. All meetings shall be open to the public. Notice of each meeting shall be given in writing to each member by the director at least three days in advance of the meeting period.
The advisory board shall be responsible for advising and making recommendations to the director regarding theadministration and management of the public employees insurance agency as provided for in this article. Under no circumstances, however, will the decisions, advice or recommendations of the advisory board be controlling or binding on the director.
The board shall pay each member the same compensation and expense reimbursement as is paid to members of the Legislature for their interim duties as recommended by the citizens legislative compensation commission and authorized by law for each day or portion thereof engaged in the discharge of official duties.