H. B. 2460


(By Delegate Doyle)
[Introduced January 10, 1996; referred to the
Committee on Banking and Insurance then Finance.]




A BILL to amend article twelve, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section five-d, relating to authorizing the state board of risk and insurance management to establish and provide group insurance plans for small businesses.

Be it enacted by the Legislature of West Virginia:
That article twelve, chapter twenty-nine of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section five- d, to read as follows:
ARTICLE 12. STATE INSURANCE.

§29-12-5d. Authorization to establish group hospital and surgical insurance plan, group major medical insurance plan, group prescription drug plan and group life and accidental death insurance plan for small businesses.

In accordance with the provisions of this article, the state board of risk and insurance management shall establish and provide a group hospital and surgical insurance plan or plans, a group prescription drug insurance plan or plans, a group major medical insurance plan or plans, and a group life and accidental death insurance plan or plans for small businesses, as defined in section seven-a, article thirteen-c, chapter eleven of this code, and their employees. For the purposes of this section "small business" includes sole proprietors and officers and employees of any small business. These plans may also include, among other things, medicines, medical equipment, prosthetic appliances and any other inpatient and outpatient services and expenses. The plans may also include dental insurance, optical insurance, out- patient mental health counseling insurance, disability insurance and prepaid retirement insurance.
All actuarial and administrative costs of each plan shall be totally borne by the premium payments of the small businesses or their officers or employees electing to participate in that plan. The board of risk and insurance management shall make available to each employee herein made eligible, at full cost to the employee, the opportunity to purchase optional group life and accidental death insurance in an amount not to exceed fifty thousand dollars for life insurance and fifty thousand dollars for accidental death insurance as established under the rules of the agency. In addition, each employee is entitled to have his spouse and dependents, as defined by the rules of the board of risk and insurance management, included in any optional coverage, at full cost to the employee, in an amount not to exceed five thousand dollars for life insurance and five thousand dollars for accidental death insurance for the spouse and not to exceed two thousand dollars in life insurance and two thousand dollars in accidental death insurance for each eligible dependent; and with full authorization hereby to the board to make that insurance available and provide the opportunity of purchase to each employee.
The board of risk and insurance management shall establish the criteria for the program for the approval of the insurance commissioner on or before the fifteenth day of June, one thousand nine hundred ninety-five.
Any premiums assessed and collected under the provisions of this section, or rules promulgated pursuant to the provisions of this section, shall be placed in a separate insurance pool known as the small business insurance pool. This pool is to be administered and maintained by the board of risk and insurance management.
The board of risk and insurance management, with approval of the insurance commissioner, has the authority to make needful rules for the administration of this section, as provided in the State Administrative Procedures Act in chapter twenty-nine-a of this code:
Provided, That the board of risk and insurance management, with approval of the insurance commissioner, has the authority to promulgate rules regarding the discontinuance of the program if participation in the program is insufficient to make said program economically feasible.




NOTE: The purpose of this bill is to authorize the State Board of Risk and Insurance Management to establish and provide to small businesses group hospital and major medical insurance.

This section is new; therefore, strike-throughs and underscoring have been omitted.