Senate Bill No. 318
(By Senators Ross, Anderson,
Bowman
and Boley)
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[Introduced January 28, 1999; referred to the
Committee
on Banking and Insurance; then to the Committee on
Finance; and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section three, article
seven, chapter sixty-four of the code of West
Virginia, one thousand nine hundred thirty-one, as
amended, relating to authorizing the insurance
commissioner to promulgate a legislative rule
relating to quality assurance.
Be it enacted by the Legislature of West Virginia:
That section three, article seven, chapter
sixty-four of the code of West Virginia, one thousand
nine hundred thirty-one, as amended, be amended and
reenacted, to read as follows:
ARTICLE 7. AUTHORIZATION FOR DEPARTMENT OF TAX AND REVENUE TO PROMULGATE LEGISLATIVE RULES.
ยง64-7-3. Insurance commissioner.
(a) The legislative rule filed in the state register
on the second day of July, one thousand nine hundred
ninety-six, authorized under the authority of section
ten, article two, chapter thirty-three of this code,
modified by the insurance commissioner to meet the
objections of the legislative rule-making review
committee and refiled in the state register on the
twentieth day of February, one thousand nine hundred
ninety-seven, relating to the insurance commissioner
(medicare supplement insurance, 114 CSR 24), is
authorized.
(b) The legislative rule filed in the state register
on the twentieth day of August, one thousand nine hundred
ninety-six, authorized under the authority of section
fifteen, article four, chapter thirty-three of this code,
modified by the insurance commissioner to meet the objections of the legislative rule-making review
committee and refiled in the state register on the
thirtieth day of January, one thousand nine hundred
ninety-seven, relating to the insurance commissioner
(life and health reinsurance agreements, 114 CSR 48), is
authorized.
(c) The legislative rule filed in the state register
on the twenty-ninth day of August, one thousand nine
hundred ninety-six, authorized under the authority of
section twenty, article fifteen, chapter thirty-three of
this code, modified by the insurance commissioner to meet
the objections of the legislative rule-making review
committee and refiled in the state register on the
thirty-first day of January, one thousand nine hundred
ninety-seven, relating to the insurance commissioner
(individual medical savings accounts, 114 CSR 47), is
disapproved and is not authorized for promulgation.
(d) The legislative rule filed in the state register
on the twentieth day of August, one thousand nine hundred
ninety-six, authorized under the authority of section ten, article two, chapter thirty-three of this code,
modified by the insurance commissioner to meet the
objections of the legislative rule-making review
committee and refiled in the state register on the
eighteenth day of February, one thousand nine hundred
ninety-seven, relating to the insurance commissioner
(valuation of life insurance policies, 114 CSR 49), is
authorized, with the following amendment:
"On page one, section 1.4 of the rule, by following
the words 'effective date' inserting the following:
'The portions of the rule amended as a result of
modifications offered by the Insurance Commissioner and
filed with the Secretary of State on August 20, 1996,
shall not become effective until January 1, 1998.'"
(e) The legislative rule filed in the state register
on the twenty-ninth day of August, one thousand nine
hundred ninety-six, authorized under the authority of
section one, article fifteen-c, chapter thirty-three of
this code, modified by the insurance commissioner to meet
the objections of the legislative rule-making review committee and refiled in the state register on the
twentieth day of February, one thousand nine hundred
ninety-seven, relating to the insurance commissioner
(diabetes, 114 CSR 52), is authorized.
(f) The legislative rule filed in the state register
on the twenty-ninth day of August, one thousand nine
hundred ninety-six, authorized under the authority of
section twenty-three, article four-c, chapter sixteen of
this code, modified by the insurance commissioner to meet
the objections of the legislative rule-making review
committee and refiled in the state register on the
eighteenth day of February, one thousand nine hundred
ninety-seven, relating to the insurance commissioner
(emergency medical services, 114 CSR 50), is authorized.
(g) The legislative rule filed in the state register
on the twenty-ninth day of August, one thousand nine
hundred ninety-six, authorized under the authority of
section ten, article two, chapter thirty-three of this
code, modified by the insurance commissioner to meet the
objections of the legislative rule-making review committee and refiled in the state register on the
eighteenth day of February, one thousand nine hundred
ninety-seven, relating to the insurance commissioner
(utilization management, 114 CSR 51), is authorized.
(h) The legislative rule filed in the state register
on the twenty-ninth day of August, one thousand nine
hundred ninety-six, authorized under the authority of
section ten, article two, chapter thirty-three of this
code, modified by the insurance commissioner to meet the
objections of the legislative rule-making review
committee and refiled in the state register on the
eighteenth day of February, one thousand nine hundred
ninety-seven, relating to the insurance commissioner
(replacement of life insurance, 114 CSR 8), is
authorized.
(i) The legislative rule filed in the state register
on the thirtieth day of July, one thousand nine hundred
ninety-eight, authorized under the authority of section
ten, article two, chapter thirty-three, of this code,
modified by the insurance commissioner to meet the objections of the legislative rule-making review
committee and refiled in the state register on the
eighteenth day of December\, one thousand nine hundred
ninety-eight, relating to the insurance commissioner
(quality assurance, 114 CSR 53), is authorized.
NOTE: The purpose of this bill is to authorize the
Insurance Commissioner to promulgate a legislative rule
relating to Quality Assurance.
Strike-throughs indicate language that would be
stricken from the present law, and underscoring indicates
new language that would be added.