(a) The legislative rule filed in the State Register on July 28, 2011, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (licensing and conduct of insurance producers and agencies, 114 CSR 2), is authorized.
(b) The legislative rule filed in the State Register on July 28, 2011, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (surplus lines insurance, 114 CSR 20), is authorized.
(c) The legislative rule filed in the State Register on July 28, 2011, authorized under the authority of section ten, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 21, 2011, relating to the Insurance Commissioner (insurance holding company systems, 114 CSR 35), is authorized.
(d) The legislative rule filed in the State Register on July 28, 2011, authorized under the authority of section ten, article two, chapter thirty-three of this code, modified by the Insurance Commissioner to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on October 21, 2011, relating to the Insurance Commissioner (continuing education for individual insurance producers, 114 CSR 42), is authorized with the following amendment:
On page three, subsection 4.2., by striking out all of subsection 4.2. and inserting in lieu thereof a new subsection 4.2. to read as follows:
"4.2. The commissioner shall, in consultation with the board, develop a program regarding continuing education requirements during the transition to the new biennium period established pursuant to the 2012 amendments to this rule; such program shall be posted on the agency website."
(e) The legislative rule filed in the State Register on July 28, 2011, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (mini COBRA, 114 CSR 93), is authorized with the following amendments:
On page three, subsection 3.5., after the word "subsection" by striking out "3.5." and inserting in lieu thereof "3.4.";
On page three, subsection 3.6, by striking out the subsection in its entirety and inserting in lieu thereof, the following:
"3.6. Election of coverage by beneficiary. A covered employee or other qualified beneficiary who wants to elect continuation coverage must do so in writing to the carrier within 30 days after receiving a notice under subsection 3.5 of this section and must include payment of the initial premium set forth in such notice. The premium payment due shall be for the period beginning on the date coverage would have otherwise terminated due to the qualifying event. The premium charged for continuation of coverage may not exceed 100% percent of the applicable premium.";
On page four, subdivision 3.6.a., by striking out the subdivision in its entirety and inserting in lieu thereof, the following:
"3.6.a. The carrier or its designee shall process all elections promptly and provide coverage retroactively to the date coverage would otherwise have terminated on the basis of the qualifying event. Employers are required to promptly provide to the carrier or its designee any information and paperwork necessary to facilitate the processing of a request for continuation of coverage. After an election and initial premium remittance, the carrier must bill the beneficiary for premiums no more often than monthly and with an allowance for a 30-day grace period for payment.";
And,
On page four, subsection 3.7., by striking out all of subsection 3.7. and inserting in lieu thereof a new subsection 3.7., to read as follows:
"3.7. Remedies in the event of carrier noncompliance. If a carrier fails to comply with the requirements of this rule, including the notice requirements of subsection 3.5. of this section, and such noncompliance results in the failure of an eligible adult qualified beneficiary of a covered employee to timely elect continuation coverage, every qualified beneficiary of the covered employee covered on the day of the qualifying event shall remain covered under the health benefit plan until the qualified beneficiaries are afforded the opportunity to elect such coverage."
(f) The legislative rule filed in the State Register on July 28, 2011, authorized under the authority of section ten, article two, chapter thirty-three of this code, relating to the Insurance Commissioner (Workers' Compensation Insurance for state agencies, 114 CSR 94), is authorized with the following amendments:
On page one, subsection 2.2., by striking out all of subsection 2.2. and inserting in lieu thereof a new subsection 2.2., to read as follows:
"2.2. 'Discretionary participant' means any discretionary participant as defined in W. Va. Code §33-2-21a(a)(1).";
On page two, subsection 2.8., by striking out the words "and those discretionary participants that have agreed to participate in SAWC under an agreement with the Commissioner" and inserting in lieu thereof the words "and for those discretionary participants that participate in SAWC";
On page two, subsection 3.1., by striking out the words "and shall send to each a notice of such determination";
On page two, subdivision 3.1.a., by striking out the words "Such notice shall inform: (i) Executive state entities that they will be required to execute the Agreement and" and inserting in lieu thereof the words "The Commissioner shall inform: (i) Executive state entities that they will be required";
On page two, subdivision 3.1.b., by striking out the words "Any recipient of a notice sent pursuant to subdivision a of this subsection that believes it should have been classified differently, or any entity that did not receive a notice" and inserting in lieu thereof the words "Any entity that believes it should have been classified differently, or any entity that did not receive a notice of eligibility";
On page two, subsection 3.2., by striking out all of subsection 3.2. and inserting in lieu thereof a new subsection 3.2., to read as follows:
"3.2. The Commissioner may make participation in SAWC by a discretionary participant contingent on the execution of the Agreement.";
On page three, subdivision 3.3.a., after the word "Agreement" by inserting the words "or other noncompliance with program requirements";
On page three, subdivision 3.3.c., by striking out the words "the latter of one year from removal or the next open enrollment period" and inserting in lieu thereof the words "a period of not more than one year to be determined by the commissioner based on the seriousness of the non-compliance and the efforts of the participant to come into compliance";
On page three, subdivision 3.3.d., by striking out the words "upon application and re-execution of the Agreement" and inserting in lieu thereof the words "upon written request and expiration of the exclusion period determined in accordance with subdivision 3.3.c. of this subsection";
On page three, subdivision 3.4.a., by striking out the words "any fee" and inserting in lieu thereof the words "any assessment";
On page three, subdivision 3.4.a., by striking out the words "assessed fee" and inserting in lieu thereof the word "assessment";
On page three, subdivision 3.4.a., by striking out the words "such fee" and inserting in lieu thereof the words "such assessment";
And,
On page three, subdivision 3.4.b., by striking out the word "fees" and inserting in lieu thereof the word "assessment". Note: WV Code updated with legislation passed through the 2012 1st Special Session
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