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WEST VIRGINIA CODE
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WVC 33-46A-9

§33-46A-9. Health benefit plans; self-funded plans permitted under certain circumstances.

(a) A professional employer organization that sponsors a health benefit plan shall be considered the employer of all of its covered employees, and all covered employees of one or more client employers participating in a health benefit plan sponsored by a single professional employer organization shall be considered employees of that professional employer organization. For purposes of state law, such health benefit plans shall be treated as a single employer welfare benefit plan.

(b) If a professional employer organization offers to its covered employees any health benefit plan which is not fully insured by an authorized insurer, the professional employer organization must comply with the provisions of article thirty-one of this chapter.  The Insurance Commissioner of West Virginia is authorized to promulgate and adopt rules with respect to professional employer organizations sponsoring health benefit plans in accordance with this section.

WVC 33 - 46 A- 9 §33-46A-9. Study of health plans, taxation, unemployment and labor laws; self-funded plans prohibited.
(a) The Joint Committee on Government and Finance shall, in consultation with the Insurance Commissioner, the Secretary of the Department of Revenue and the Secretary of the Department of Commerce, study the issue of PEO sponsorship of and involvement in employee health plans, including their role in insuring the uninsured and underinsured and their impact on the small group market, as well issues related to how the operation of PEOs affects other areas such as taxation and unemployment insurance. The Joint Committee shall report back to the Legislature on or before the thirty-first day of December, two-thousand eight on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations.

(b) PEOs are expressly prohibited from self-funding health plans for covered employees.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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