H. B. 4322


(By Delegates Kelley and Doyle)
[Introduced February 10, 1998; referred to the
Committee on Banking and Insurance then Finance.]




A BILL to amend article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section twenty- three-a, relating to allowing certain individual or family insurance to be purchased through the public employees insurance agency; providing the option of PEIA coverage to corporate employers in the state who employ less than fifty persons; and allowing eligible corporate employers a tax deduction on their corporate income tax.

Be it enacted by the Legislature of West Virginia:
That article sixteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section twenty-three-a, to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-23a. Certain unemployed, uninsured persons covered, if cost of the entire coverage is paid by such persons; availability of coverage for employers with less than fifty employees.

Notwithstanding the definition of the term "employee" contained in section two of this article and notwithstanding any other provision of this article to the contrary eligibility for coverage shall be available to the following:
(a) Citizens of the state who are unemployed and uninsured, and who are not eligible for other group insurance or COBRA coverage, may participate in and be covered by any insurance plan or plans authorized hereunder for state officers and employees, except that any citizens who elect to participate in or to be covered by any such plan or plans shall pay their proportionate individual share of the full cost for all group coverage on themselves and their spouses and dependents, so that there will be no cost to the state for the coverage of any such citizens, spouses and dependents.
 (b) Any business corporation maintaining its home office in this state which employs no more than fifty persons within the state may participate in and be covered by any insurance plan or plans authorized for state officers and employees, except that any businesses which elect to participate in or to be covered by any such plan or plans shall insure that each covered employee's proportionate individual share of the full cost for all group coverage on such employees and their spouses and dependents is paid, so that there will be no cost to the state for the coverage of any such citizens, spouses and dependents. Any qualifying employer may charge employees any portion of cost share of the actual premium required as payment for any available coverage hereunder: Provided, That any amount paid hereunder by an employer as payment for all or any proportion of a premium shall be subject to adjustment under the provisions of subsection (c), section six, article twenty-four, chapter eleven of this code.


NOTE: The purpose of this bill is to allow unemployed, uninsured persons to purchase insurance for themselves, and their spouses and dependents, if any, at group rates through PEIA. The bill also allows corporate employers within the state who employ less than fifty persons to receive coverage under any PEIA plan. Finally, the bill would allow eligible employers to deduct amounts paid for premiums from their corporate income tax.

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