H. B. 3082
(By Delegates Beane, Webb and G. White )
[Introduced March 29, 2001; referred to the
Committee on Banking and Insurance then Finance.]
A BILL to amend article one, chapter thirty-three of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
twenty-two, relating to associations; and providing that all
associations be bona fide.
Be it enacted by the Legislature of West Virginia:
That article one, chapter thirty-three 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-two, to read as follows:
ARTICLE 1. DEFINITIONS.
§33-1-22. Association.
"Association" means, as used in this chapter and corresponding
rules, a bona fide association which has been actively in existence
for at least five years; has been formed and maintained in good faith for purposes other than obtaining insurance; does not
condition membership in the association on any health
status-related factor relating to an individual; makes accident and
sickness insurance offered through the association available to all
members regardless of any health status-related factor relating to
members or individuals eligible for coverage through a member; does
not make accident and sickness insurance coverage offered through
the association available other than in connection with a member of
the association; and meets any additional requirements as may be
set forth in this chapter or by rule.
NOTE: The purpose of this bill is to clarify and require that
associations to which life and health insurance can be sold, be
bona fide.
This section is new; therefore, strike-throughs and
underscoring have been omitted.