WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
SEVENTEENTH DAY
____________
Charleston, W. Va., Friday, January 27, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
William Weed II of Charleston, West Virginia, proceeded in the
playing of "Amazing Grace" on the bagpipes.
Pending the reading of the Journal of Thursday, January 26,
2006,
On motion of Senator McCabe, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
Senator Tomblin (Mr. President) presented a communication from
the Division of Forestry, submitting its annual report, in
accordance with chapter nineteen, article one-a, section two of the
code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on January 26, 2006, he had approved Enr. Committee Substitute for Senate Bill No. 247.
The Senate proceeded to the fourth order of business.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 242, Allowing state-chartered banks issue more
than one class of stock.
Senate Bill No. 244, Relating to state-chartered banks'
investment limitations.
And,
Senate Bill No. 271, Reducing state banks' time period for
retaining records.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 245, Creating Consolidated Local Government
Act.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 295--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to selecting design-builders under the
Design-Build Procurement Act.
Referred to the Committee on Government Organization; then to
the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 296--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to cannibalization of state property.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 297--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to waste disposal of state property.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 298--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Administration to promulgate a
legislative rule relating to leasing space on behalf of state
spending units.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 299--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Agriculture to promulgate a
legislative rule relating to animal disease control.
Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 300--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Agriculture to promulgate a
legislative rule relating to certified pesticide applicators.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 301--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Agriculture to promulgate a
legislative rule relating to integrated pest management programs in
schools and day care centers and facilities.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 302--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Agriculture to promulgate a
legislative rule relating to the Voluntary Farmland Protection
Program.
Referred to the Committee on Agriculture; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 303--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Auditor to promulgate a legislative rule
relating to the State Purchasing Card Program.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 304--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Conservation Committee to promulgate a
legislative rule relating to the committee.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 305--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Deputy Sheriff
Retirement System.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 306--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to benefit determination and
appeals.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 307--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Teachers' Defined
Benefit Plan.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 308--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to service credit for
accrued and unused sick and annual leave.
Referred to the Committee on Pensions; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 309--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the West Virginia State
Police.
Referred to the Committee on Pensions; then to the Committee
on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 310--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the Nitrogen Oxide Budget
Trading Program as a means of the control and reduction of nitrogen
oxides from nonelectric generating units as a means to mitigate the
transport of ozone precursors.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 311--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for
hazardous air pollutants pursuant to 40 CFR Part 61.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 312--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to standards of performance
for new stationary sources pursuant to 40 CFR Part 60.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 313--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the prevention and
control of air pollution from hazardous waste treatment, storage or
disposal facilities.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 314--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to acid rain provisions and
permits.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 315--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to emission standards for
hazardous air pollutants for source categories pursuant to 40 CFR
Part 63.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 316--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the Mercury Budget
Trading Program to reduce mercury emissions.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 317--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of annual
nitrogen oxide emissions to mitigate interstate transport of fine
particulate matter and nitrogen oxides.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 318--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of ozone
season nitrogen oxide emissions to mitigate interstate transport of
ozone and nitrogen oxides.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 319--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the control of annual
sulfur dioxide emissions to mitigate interstate transport of fine particulate matter and sulfur dioxides.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 320--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to surface mining
reclamation.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 321--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the Oil and Gas
Conservation Commission.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 322--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to coalbed methane wells.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 323--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the Environmental
Excellence Program.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 324--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to solid waste management.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 325--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste
management.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 326--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the requirements
governing water quality standards.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 327--A Bill to amend and reenact article 3,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Environmental Protection to
promulgate a legislative rule relating to the Community
Infrastructure Investment Program.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 328--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Dental Examiners to promulgate a
legislative rule relating to fees established by the board.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 329--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Dental Examiners to promulgate a
legislative rule relating to dental advertising.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 330--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to the commission.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 331--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative rule relating to lobbying.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 332--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to a code of conduct for administrative law judges.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 333--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to the filing of verified time records.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 334--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to compliance audits.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 335--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to ethics training requirements for designated public
officials.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 336--A Bill to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Ethics Commission to promulgate a legislative
rule relating to complaints, investigations and hearings.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 337--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Fire Commission to promulgate a
legislative rule relating to the State Fire Code.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 338--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Fire Commission to promulgate a legislative rule relating to the State Building Code.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 339--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Fire Commission to promulgate a
legislative rule relating to the certification of home inspectors.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 340--A Bill to amend and reenact article 6,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the State Fire Commission to promulgate a
legislative rule relating to standards for the certification and
continuing education of municipal, county and other public sector
building code officials, building code inspectors and plans
examiners.
Referred to the Committee on Finance; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 341--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Forestry to promulgate a legislative rule relating to ginseng.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 342--A Bill to amend and reenact article 10,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Governor's Committee on Crime, Delinquency and
Correction to promulgate a legislative rule relating to motor
vehicle stop data collection standards for the study of racial
profiling.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 343--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to assisted living
residences.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 344--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to Alzheimer's and dementia
special care units and programs.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 345--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to hospital licensure.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 346--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to public water systems.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 347--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to lead abatement licensing.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 348--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to fees for permits.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 349--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to the cancer registry.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 350--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to reportable diseases,
events and conditions.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance; and then to the Committee on the
Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 351--A Bill to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to the regulation of opioid
treatment programs.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 352--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Highways to promulgate a legislative
rule relating to the use of state road rights-of-way and adjacent
areas.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 353--A Bill to amend and reenact article 8,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Division of Highways to promulgate a legislative
rule relating to the transportation of hazardous wastes upon the
roads and highways.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 354--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to unfair trade practices.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 355--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to the licensing and conduct of
individual insurance producers, agencies and solicitors.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 356--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to the West Virginia Essential Property
Insurance Association.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 357--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to Medicare supplement insurance.
Referred to the Committee on Banking and Insurance; then to
the Committee on Health and Human Resources; and then to the
Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 358--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to the nonrenewal of property insurance
policies.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and Minear:
Senate Bill No. 359--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to private passenger automobile and
property insurance--biannual rate filing requirements.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and
Minear:
Senate Bill No. 360--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Insurance Commissioner to promulgate a
legislative rule relating to the replacement of life insurance
policies and annuity contracts.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Foster, McCabe, Hunter, Plymale, Edgell, Fanning,
Sprouse and Kessler:
Senate Bill No. 361--A Bill to amend and reenact §12-6-9c and
§12-6-12 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §12-6-
18, all relating to investment powers of the Investment Management
Board; removing certain requirements regarding investments in the
securities of any interest in any investment company or investment
trust under the Investment Act of 1940; increasing the percentage of investments that may be made in equities in some cases; defining
"international securities"; eliminating certain restrictions on the
purchase of securities in corporate debt; eliminating the
requirement that a list of approved securities be maintained by the
board; authorizing investments that are commonly invested in by
pension funds similar to the funds managed by the board, subject to
certain restrictions and limitations; authorizing the board to
enter into market transactions commonly engaged in by pension funds
similar to the funds managed by the board, subject to certain
restrictions and limitations; and specifying that the investment
powers of the board are to be broadly and liberally construed to
permit the board to achieve its corporate purposes, consistent at
all times with the prudent investor standard.
Referred to the Committee on Finance.
By Senators Bowman, Foster, Hunter and Oliverio:
Senate Bill No. 362--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-10-5y, relating to requiring the Tax Commissioner to
disclose certain tax information to the Consolidated Public
Retirement Board to aid in administering retirement plans'
disability retirement benefits.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Unger and Yoder:
Senate Bill No. 363--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §22C-4-23a; and to amend and reenact §24A-2-5 of said
code, all relating to allowing certain county or regional waste
authorities in growth areas to designate common carriers of solid
waste exempt from the certificate of convenience and necessity
requirement; establishing criteria for the exemption; and
establishing requirements for notice and a public hearing.
Referred to the Committee on the Judiciary.
By Senators Hunter, Tomblin (Mr. President), White, Bailey,
Plymale, McCabe, Helmick, Dempsey, Bowman, Sharpe, Kessler, Foster,
Harrison, Unger and Prezioso:
Senate Bill No. 364--A Bill to repeal §21-1C-7 of the Code of
West Virginia, 1931, as amended, relating to the sunset provision
of the West Virginia Jobs Act.
Referred to the Committee on Government Organization.
By Senators Bowman and Hunter:
Senate Bill No. 365--A Bill to amend and reenact §5A-7-4 of
the Code of West Virginia, 1931, as amended, relating to requiring
the Department of Administration's Information Services and
Communications Division to propose legislative rules for a
statewide telephone usage policy.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Bowman:
Senate Bill No. 366--A Bill to amend and reenact §30-40-7 of
the Code of West Virginia, 1931, as amended, relating to the Real
Estate Commission generally; providing for criminal background checks through the Federal Bureau of Investigation on all
applicants; and providing for the assessment of a fee to cover the
cost of the criminal background check.
Referred to the Committee on the Judiciary.
By Senators Bowman and Love:
Senate Bill No. 367--A Bill to amend and reenact §48-26-301 of
the Code of West Virginia, 1931, as amended, relating to the Family
Protection Services Board generally; and increasing the number of
members on the board from five to seven.
Referred to the Committee on Health and Human Resources; then
to the Committee on Finance.
By Senators Yoder, Oliverio, Dempsey, Unger and Love:
Senate Bill No. 368--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-5a, relating to providing a housing supplement for
members of the State Police.
Referred to the Committee on Finance.
By Senators Love, White, Hunter, Caruth, McKenzie, Dempsey,
Unger, Plymale and Foster:
Senate Bill No. 369--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31-20-30, relating to allowing the Executive Director
of the West Virginia Regional Jail and Correctional Facility
Authority to establish a work program for qualified inmates
sentenced to a regional jail facility; and specifying minimum
requirements for the program and distribution of money earned in the program.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 370 (originating in the Committee on Finance)-
-A Bill to amend and reenact §11-3-9 of the Code of West Virginia,
1931, as amended, relating to exempting farming equipment and
livestock from personal property taxation.
And,
Senate Bill No. 371 (originating in the Committee on Finance)-
-A Bill to amend and reenact §11-13A-3b of the Code of West
Virginia, 1931, as amended, relating to reducing the rate of tax
paid on privilege of severing timber after specified date; and
deleting obsolete language.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the ninth order of business.
Senate Bill No. 162, Creating Affordable Health Insurance Act.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's first reading calendar.
Com. Sub. for Com. Sub. for Senate Bill No. 164, Creating
preventive care pilot program.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, and by unanimous consent,
further consideration of the bill was deferred until the conclusion
of bills on today's first reading calendar, following consideration
of Senate Bill No. 162, already placed in that position.
Eng. Com. Sub. for House Bill No. 4021, Relating to a pilot
program authorizing participating health care clinics and private
medical practitioners to provide primary and preventive health
services for a prepaid fee.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Prezioso, the following amendment to the
bill was reported by the Clerk:
On page four, by striking out everything after the enacting
clause and inserting in lieu thereof the following:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §16-2J-1, §16-2J-2,
§16-2J-3, §16-2J-4, §16-2J-5, §16-2J-6, §16-2J-7, §16-2J-8 and §16-
2J-9; and that said code be amended by adding thereto a new article, designated §33-15D-1, §33-15D-2, §33-15D-3, §33-15D-4,
§33-15D-5, §33-15D-6, §33-15D-7, §33-15D-8, §33-15D-9, §33-15D-10
and §33-15D-11, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 2J. PREVENTIVE CARE PILOT PROGRAM.
§16-2J-1. Legislative findings and statement of purpose.
(a) The Legislature finds that a program that would allow
health clinics and private medical practitioners to provide primary
and preventive health services for a prepaid fee would enable more
West Virginians to gain access to affordable health care and to
establish a medical home for purposes of receiving primary and
preventative health care services. By establishing a pilot project
for clinic-based health care, the Legislature intends to enable
state health and insurance officials to study this method of
delivering health services, to encourage all West Virginians to
establish a medical home and to determine the success, continued
need and feasibility of expanding such a program and allowing
similar programs to operate on a statewide basis.
(b) In carrying out this pilot program, it is the intent of
the Legislature to eliminate legal, statutory and regulatory
barriers to the establishment of pilot programs providing
preventive and primary care services for a prepaid fee; to
encourage residents of this state to establish and use a medical
home; to expand preventive and primary care services for the
uninsured; and to exempt health providers participating in the
pilot program from regulation as an insurer, the operation of insurance laws of the state and all other laws inconsistent with
the purposes of this article.
§16-2J-2. Definitions.
For the purposes of this article, the following definitions
apply:
(1) "Dependent" has the same meaning set forth in subsection
(d), section one-a, article sixteen, chapter thirty-three of this
code;
(2) "Family" means a subscriber and his or her dependents;
(3) "Medical home" means a clinic, hospital or other health
care facility where a patient has an established relationship, has
his or her routine medical care or treatment and where his or her
medical records are maintained;
(4) "Participating provider" means a provider under this
article that has been granted a license under this article to
operate as part of the pilot program;
(5) "Primary care" means basic or general health care which
emphasizes the point when the patient first seeks assistance from
the medical care system and the care of the simpler and more common
illnesses;
(6) "Provider" has the same meaning as "ambulatory health care
facility" set forth in subsection (b), section two, article two-d
of this chapter or "private office practice" as set forth in
subdivision (1), subsection (a), section four of said article;
(7) "Qualifying event" means loss of coverage due to: (i)
Emancipation and resultant loss of coverage under a parent or guardian's plan; (ii) divorce and loss of coverage under the former
spouse's plan; (iii) termination of employment and resultant loss
of coverage under an employer group plan: Provided, That any rights
of coverage under a COBRA continuation plan as that term is defined
in section three-m, article sixteen, chapter thirty-three of this
code shall not be considered coverage under an employer group
health plan; (iv) involuntary termination of coverage under a group
health benefit plan except for termination due to nonpayment of
premiums or fraud by the insured; or (v) exhaustion of COBRA
benefits; and
(8) "Subscriber" means any individual who subscribes to a
prepaid program approved and operated in accordance with the
provisions of this article, including an employee of any employer
that has purchased a group enrollment on behalf of its employees.
§16-2J-3. Authorization of preventive care pilot program; number
of participants and sites; Health Care Authority
considerations in selection of participating providers;
funding.
(a) The Health Care Authority shall, in consultation with the
Insurance Commissioner, develop and implement during the fiscal
year beginning the first day of July, two thousand six, a pilot
program that permits no more than eight providers to market and
sell prepaid memberships entitling subscribers to obtain preventive
and primary health care from the participating providers.
Participating providers shall not be allowed to offer their
qualifying services at more than three separate sites. The pilot program will be three years in length.
(b) Subject to the provisions of this article, the Health Care
Authority is vested with discretion to select providers using
diversity in practice organization, geographical diversity and
other criteria it deems appropriate. The Health Care Authority
also shall give consideration to providers located in rural areas
or serving a high percentage or large numbers of uninsured.
(c) In furtherance of the objectives of this article, the
Health Care Authority is authorized to accept any and all gifts,
grants and matching funds whether in the form of money or services:
Provided, That no gifts, grants and matching funds shall be
provided to the Health Care Authority by the State of West Virginia
to further the objectives of this article.
§16-2J-4. License for preventive care pilot program.
(a) No provider may participate in the pilot program without
first obtaining a preventive care pilot program license from the
Health Care Authority.
(b) The Health Care Authority shall determine the eligibility
of providers to obtain licenses on the basis of applications filed
by providers on forms developed by the Health Care Authority.
(c) Upon approval of the application, the participating
provider shall be granted a license to market and sell prepaid
health services under such terms as may be established in
guidelines developed by the Health Care Authority or the Insurance
Commissioner.
§16-2J-5.
Insurance Commissioner approval of fees, marketing materials and forms and certification of financial condition;
statement of services.
(a) The Insurance Commissioner shall develop guidelines for
all forms, marketing materials and fees proposed by program
applicants and participating providers under the same criteria
generally applicable to accident and sickness insurance policies.
(b) All fees, marketing materials and forms proposed to be
used by any program applicant or participating provider are subject
to prior approval of the Insurance Commissioner, which the
Insurance Commissioner shall communicate to the Health Care
Authority. Fees may not be excessive, inadequate or unfairly
discriminatory.
(c) The Insurance Commissioner must certify whether a program
applicant or, upon the request of the Health Care Authority, an
already participating provider is in a sound financial condition
and capable of operating in a manner that is not hazardous to its
prospective subscribers or the people of West Virginia.
(d) Every subscriber is entitled to evidence of program
membership that shall contain a clear, concise and complete
statement of the services provided by the participating provider
and the benefits, if any, to which the subscriber is entitled; any
exclusions or limitations on the service, kind of service,
benefits, or kind of benefits, to be provided, including any
copayments; and where and in what manner information is available
as to how a service may be obtained.
(e) Fees paid to participating providers are not subject to premium taxes and surcharges imposed on insurance companies.
(f) Notwithstanding the provisions of chapter thirty-three of
this code to the contrary, participation by providers in the
preventive care clinic-based pilot program created and authorized
pursuant to this article is not to be considered as providing
insurance or as offering insurance services. Such providers and
services are specifically excluded from the definitions of
"insurer" and "insurance" as defined in article one, chapter
thirty-three of this code, and are not subject to regulation by the
Insurance Commissioner except to the extent set forth in this
article, nor are participating providers unauthorized insurers
pursuant to section four, article forty-four, chapter thirty-three
of this code.
§16-2J-6. Rule-making authority.
The Health Care Authority and the Insurance Commissioner shall
promulgate rules as necessary to implement the provisions of this
article, including emergency rules, promulgated pursuant to chapter
twenty-nine-a of this code.
§16-2J-7. Participating provider plan requirements: primary care
services; prior coverage restrictions; notice of
discontinuance or reduction of benefits.
In addition to the provisions of this article and any
guidelines established by the Health Care Authority and Insurance
Commissioner, the plans offered pursuant to this article shall be
subject to the following:
(1) Each participating provider and site must offer a minimum set of preventive and primary care services as established by the
Health Care Authority.
(2) No participating provider may offer: (i) An individual
plan to any individual who currently has a health benefit plan or
who was covered by a health benefit plan within the preceding
twelve months unless said coverage was lost due to a qualifying
event; (ii) a family plan to any family that includes an adult to
be covered who currently has a health benefit plan or who was
covered by a health benefit plan within the preceding twelve months
unless said coverage was lost due to a qualifying event; or (iii)
an employee group plan to any employer that currently has a group
health benefit plan or had a group health benefit plan covering its
employees within the preceding twelve months.
(3) The Health Care Authority and the Insurance Commissioner
may, by legislative rule, permit participation by an employer with
a comprehensive high deductible plan if such employer is able to
demonstrate that such participation will not negatively impact the
coverage currently offered by such employer.
(4) A participating provider must provide subscribers and,
where applicable, subscribers' employers with a minimum of thirty
days' notice of discontinuance or reduction of subscriber benefits.
§16-2J-8.
Guidelines for evaluation of the pilot program; report
to Legislative Oversight Commission on Health and Human
Resources Accountability.
(a) The Health Care Authority shall establish by guidelines
criteria to evaluate the pilot program and may require participating providers to submit such data and other information
related to the pilot program as may be required by the Health Care
Authority.
(b) No later than the first day of December, two thousand
seven, and annually thereafter during the operation of the pilot
program, the Health Care Authority must submit a report to the
Legislative Oversight Commission of Health and Human Resources
Accountability as established in article twenty-nine-e of this
chapter on progress made by the pilot project including suggested
legislation, necessary changes to the pilot program and suggested
expansion of the pilot program.
§16-2J-9. Grounds for refusal to renew; revocation and suspension
of pilot program license; penalties; termination of
suspension, reissuance and renewal of license.
(a) The Health Care Authority may, after notice and hearing,
refuse to renew, or may revoke or suspend the license of a
participating provider, in addition to other grounds therefor in
this article, if the participating provider:
(1) Violates any provision of this article;
(2) Fails to comply with any lawful rule or order of the
Health Care Authority;
(3) Is operating in an illegal, improper or unjust manner;
(4) Is found by the Insurance Commissioner to be in an unsound
condition or in such condition as to render its further operation
in West Virginia hazardous to its subscribers or to the people of
West Virginia;
(5) Compels subscribers under its contract to accept less
service than due them or to bring suit against it to secure full
service when it has no substantial defense;
(6) Refuses to be examined or to produce its accounts, records
and files for examination by the Insurance Commissioner when
requested to do so pursuant to section five of this article;
(7) Fails to pay any final judgment rendered against it in
West Virginia within thirty days after the judgment became final or
time for appeal expired, whichever is later;
(8) Fails to pay when due to the State of West Virginia any
taxes, fees, charges or penalties.
(b) In addition to or in lieu of refusing to renew, revoking
or suspending the license of a participating provider in any case,
the Health Care Authority may, by order, require the participating
provider to pay to the State of West Virginia a penalty in a sum
not exceeding five thousand dollars for each violation. Upon the
failure of the provider to pay such penalty within thirty days
after notice thereof, the Health Care Authority shall revoke or
suspend the license of such participating provider.
(c) When any license has been revoked or suspended or renewal
thereof refused, the Health Care Authority may reissue, terminate
the suspension of or renew such license when it is determined that
the conditions causing such revocation, suspension or refusal to
renew have ceased to exist and are unlikely to recur.
CHAPTER 33. INSURANCE.
ARTICLE 15D. INDIVIDUAL LIMITED HEALTH BENEFITS PLANS.
§33-15D-1. Declaration of legislative intent.
The Legislature recognizes that health insurance is priced
beyond the reach of many citizens who could benefit from a basic
health plan. One of the ways affordable premiums can be obtained
is by some combination of limiting benefits and increasing copays
or deductibles. In order to provide greater access to such
affordable plans, the Legislature has determined that authorization
of the sale of insurance policies with limited benefits that would
include physician, inpatient and outpatient care, with an emphasis
on preventive and primary care, will serve to bring insurance
coverage to many of those West Virginians without any insurance
coverage. It is, therefore, the intent of the Legislature to
introduce flexibility in the design of health insurance plans to
allow insurers to offer basic benefits, including preventive and
primary care services, at affordable prices. This article may be
known as the Affordable Health Insurance Act.
§33-15D-2. Individual limited health benefits plans; approval by
commissioner; eligibility of individuals.
(a) As used in this article, "individual plan" means any plan
approved by the commissioner as an "individual limited health
benefits plan" in accordance with this article. Each such plan
constitutes a "particular type of accident and sickness insurance
coverage" for the purposes of subsection (a), section two-e,
article fifteen of this chapter.
(b) Notwithstanding any other provision of this code,
including provisions mandating the inclusion of certain benefits in individual health insurance plans, upon filing with and approval by
the commissioner as an individual plan, any insurer, including a
health maintenance organization or health service corporation, may
offer the plan and rates associated with the plan to individuals
subject to the conditions of this article.
(c) Any plan approved as an individual plan may,
notwithstanding any other provisions of this chapter and subject to
any other limitations on eligibility in this article or that may be
contained in rules proposed by the commissioner for approval of the
Legislature in accordance with article three, chapter twenty-nine-a
of this code, only be offered to an adult between the ages of
eighteen and sixty-four, inclusive, who:
(1) Has not had a health benefit plan covering him or her for
at least the prior twelve consecutive months: Provided, That such
a plan may not be offered to an employee of an employer that offers
a health benefits plan to its employees unless that employee does
not qualify for coverage under such employer plan; or
(2) Has lost coverage due to a qualifying event. A qualifying
event shall include loss of coverage due to: (i) Emancipation and
resultant loss of coverage under a parent's or guardian's plan;
(ii) divorce and loss of coverage under the former spouse's plan;
(iii) termination of employment and resultant loss of coverage
under an employer group plan except for loss of employment for
gross misconduct; or (iv) involuntary termination of coverage under
a group health benefit plan except for termination due to
nonpayment of premiums or fraud by the insured.
(d) Every individual plan offered pursuant to this article may
limit eligibility on the basis of health status and an individual
who has been treated for a health condition in the prior twelve
months may have that condition excluded from coverage for the first
twelve months of the policy term.
§33-15D-3. Applicability of certain provisions; commissioner's
authority to forbear from applying certain provisions.
(a) Only the following provisions of article fifteen of this
chapter apply to insurers offering individual plans pursuant to
this article: Sections two-a, two-b, two-d, two-e, three, four,
four-e, four-g, five, six, seven, eight, nine, eighteen and
nineteen: Provided, That the provisions of subsection (a), section
two-b, article fifteen of this chapter do not apply to such plans
if the Secretary of the United States Department of Health and
Human Services finds that the state is implementing an acceptable
alternative mechanism in accordance with the provisions of 42 U. S.
C. §300gg-44.
(b) Notwithstanding any other provision of this code, the
provisions of article twenty-eight of this chapter and legislative
rules regulating individual accident and sickness policies,
including the rule contained in Series 12, Title 114 of the West
Virginia Code of State Rules, do not apply to individual plans
issued pursuant to this article unless and to the extent
specifically incorporated in rules promulgated pursuant to the
authority conferred by section seven of this article.
(c) The commissioner may forbear from applying any other statutory or regulatory requirements to an insurer offering an
individual plan approved pursuant to this article, including any
requirements in articles twenty-four and twenty-five-a of this
chapter, provided that the commissioner first determines that such
forbearance serves the principles set forth in section one of this
article.
§33-15D-4. Underwriting standards for individual plans.
Insurers shall underwrite individual plans in a comparable
manner as they underwrite other individual health insurance plans
governed by this chapter.
§33-15D-5. Reimbursement rates for individual plans.
Insurers shall reimburse providers pursuant to reimbursement
rates previously negotiated with the providers.
§33-15D-6. Filing and approval of rates.
(a) Premium rate charges for any individual plans shall:
(1) Be reasonable in relation to the benefits available under
the policy; and
(2) Notwithstanding the provisions of section one, article
sixteen-b of this chapter, be filed with the commissioner for a
waiting period of thirty days before the charges become effective.
At the expiration of thirty days the premium rate charges filed are
deemed approved unless prior thereto the charges have been
affirmatively approved or disapproved by the commissioner.
(b) The commissioner shall disapprove premium rates that are
not in compliance with the requirements of any rule promulgated
pursuant to section seven of this article. The commissioner shall send written notice of the disapproval to the insurer. The
commissioner may approve the premium rates before the thirty-day
period expires by giving written notice of approval.
§33-15D-7. Certification of creditable coverage.
An insurer offering individual plans pursuant to the
provisions of this article shall provide certification of
creditable coverage in the same manner as provided in section
three-m, article sixteen of this chapter.
§33-15D-8. Emergency rules authorized.
The commissioner shall promulgate emergency and legislative
rules under the provisions of article three, chapter twenty-nine-a
of this code on or before the first day of September, two thousand
six, to prescribe requirements regarding ratemaking, which may
include rules establishing loss ratio standards for individual
plans; to place further limitations on the eligibility of
individuals; to determine what medical treatments, procedures and
related health services benefits must be included in such
individual plans; and to provide for any other matters deemed
necessary to further the intent of this article. In determining
what medical treatments, procedures and related health services
benefits must be included in such plans, the commissioner shall
consider their effectiveness in improving the health status of
individuals, their impact on maintaining and improving health and
on reducing the unnecessary consumption of health care services and
their impact on the affordability of health care coverage.
§33-15D-9. Disclaimer.
Each individual plan issued pursuant to this article shall
include the following disclaimer printed in boldface type and
located in a prominent portion of each policy, subscriber contract
and certificate of coverage: "THIS LIMITED INDIVIDUAL HEALTH
BENEFITS PLAN DOES NOT PROVIDE COMPREHENSIVE MEDICAL COVERAGE. IT
IS A BASIC OR LIMITED BENEFITS POLICY AND CONTAINS SPECIFIC DOLLAR
LIMITS THAT WILL BE PAID FOR MEDICAL SERVICES WHICH MAY NOT BE
EXCEEDED. IF THE COST OF SERVICES EXCEEDS THOSE LIMITS, THE
BENEFICIARY AND NOT THE INSURER IS RESPONSIBLE FOR PAYMENT OF THE
EXCESS AMOUNTS."
§33-15D-10. Exemption from premium taxes.
Products authorized under this article are exempt from the
premium taxes and surcharges assessed under article three of this
chapter.
§33-15D-11. Severability; controlling provisions.
(a) If any provision of this act or the application thereof to
any person or circumstance is for any reason held to be invalid,
the remainder of the act and application of such provision to other
persons or circumstances shall not be affected thereby.
(b) To the extent that provisions of this article differ from
those contained elsewhere in this chapter, the provisions of this
article control.
Following discussion,
The question being on the adoption of Senator Prezioso's
amendment to the bill, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 4021), as amended, was then ordered to third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 7, Establishing Flood Protection
Planning Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 51, Relating to name change for
certain persons.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The end of today's first reading calendar having been reached,
the Senate returned to the consideration of
Senate Bill No. 162, Creating Affordable Health Insurance Act.
On second reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Banking and Insurance.
Action as to Senate Bill No. 162 having been concluded, the
Senate proceeded to the consideration of
Com. Sub. for Com. Sub. for Senate Bill No. 164, Creating
preventive care pilot program.
On second reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Banking and Insurance.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, January 30, 2006, at 11 a.m.
____________