Senate Bill No. 748
(By Senators Helmick, Snyder, Dittmar, Fanning, Kessler,
Prezioso, Sharpe, Deem, Kimble and Scott)
[Originating in the Committee on Banking and Insurance;
reported February 26, 1998.]
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-eight,
relating to employees withdrawing from participation in a
health maintenance organization if the employee's primary care
physician or treating specialist withdraws from participation.
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- eight, to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-28. Withdrawal from enrollment in a health maintenance
An employee covered by the public employees insurance agency
and enrolled in a health maintenance organization may withdraw from
participation in the health maintenance organization and enroll in the agency's indemnity program within thirty days of receiving
notice that the employee's primary care physician or a specialist
treating the employee or his or her dependents has withdrawn from
the health maintenance organization.
If an employee elects to withdraw from the health maintenance
organization and enroll in the agency's indemnity plan, the
employee shall pay the premium for the indemnity plan for the
remainder of the enrollment period.
(NOTE: This section is new; therefore, strike-throughs and
underscoring have been omitted.)