ENROLLED
COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 449
(By Senators Helmick, Kessler, Minard, Unger and Plymale, original
sponsors)
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[Passed March 13, 2010; in effect ninety days from passage.]
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AN ACT to amend and reenact §5-16-17 of the Code of West Virginia,
1931, as amended, relating to the West Virginia Public
Employees Insurance Act generally; clarifying the definition
of pre-existing condition; and providing instances in which
participants may enroll or make plan selections.
Be it enacted by the Legislature of West Virginia:
That §5-16-17 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 16. WEST VIRGINIA PUBLIC EMPLOYEES INSURANCE ACT.
§5-16-17. Preexisting conditions not covered; defined.
A preexisting condition is an injury, or sickness, or any
condition relating to that injury, or sickness, for which a
participant is diagnosed, receives treatment, or incurs expenses
prior to the effective date of coverage.
For all participants enrolling in the plan after the effective
date of this section,
payment shall be made for expenses incurred
for or in connection with a preexisting condition: Provided, That
participants may enroll or make plan selections only at the time of
hire, during annual open enrollment or upon the occurrence of a
"qualifying event" under section 125 of the United States Internal
Revenue Code.