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.