WVC 33 - 48 - 7 B
§33-48-7b. Surplus available to subsidize premiums.
Whenever the board determines that the account created
pursuant to section seven-a of this article contains a surplus
above those amounts necessary to provide fully for the expected
costs of claims and other expenses listed in subsection (a),
section seven of this article, the plan may use such surpluses to
subsidize the premium of enrollees with an annual average household
income at or below four hundred percent of the federal poverty
level. The board may propose emergency rules and shall propose
rules for legislative approval in accordance with the provisions of
article three, chapter twenty-nine-a of this code to establish
eligibility criteria for enrollees who are eligible for premium
subsidy pursuant to this section.