H. B. 2478
(By Delegates Perdue, Hatfield, Caputo,
Boggs, Fleischauer, D. Poling, Klempa,
Martin, Ellem and Staggers)
[Introduced February 16, 2009; referred to the
Committee on Health and Human Resources then the
Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §21-1E-1, §21-1E-2
and §21-1E-3, all relating to requiring employers working on
public improvement projects to show at least eighty percent of
the employees working on the project are covered by a policy
of health insurance project, or at least eighty percent of the
hours worked on the project will be by employees who are
covered by a policy of health insurance.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §21-1E-1, §21-1E-2 and
§21-1E-3, all to read as follows:
ARTICLE 1E. HEALTH INSURANCE FOR EMPLOYEES.
§21-1E-1. Definitions.
As used in this article:
(a) "Construction" means any construction, reconstruction, improvement, enlargement, painting, decorating or repair of any
public improvement let to contract, but does not include temporary
or emergency repairs.
(b) "Construction industry" means that industry which is
composed of employees and employers engaged in construction of
buildings, roads, highways, bridges, streets, alleys, sewers,
ditches, sewage disposal plants, waterworks, airports and all other
structures or works whether private or public on which construction
work as defined in subsection (a) of this section is performed.
(c) "Employee" means any person hired or permitted to perform
hourly work for wages by a person, firm or corporation in the
construction industry, but does not include individuals engaged in
making temporary or emergency repairs, independent contractors or
salaried supervisory personnel necessary to assure efficient
execution of the employee's work.
(d) "Employer" means any person, firm or corporation employing
one or more employees on any public improvement and includes all
contractors and subcontractors.
(e) "Health insurance" means any of the following plans or
policies providing basic and major medical coverage:
(1) "Group health plan" or "health benefit plan" as defined in
section one-a, article sixteen, chapter thirty-three of this code;
(2) A policy provided by a carrier licensed under chapter
thirty-three of this code providing "accident and sickness insurance" as defined in section two-a, article fifteen, chapter
thirty-three of this code;
(3) A health benefit plan offered by a "Health Maintenance
Organization" or "HMO", as defined in section two, article
twenty-five-a, chapter thirty-three of this code; or
(4) A health benefit plan offered by one or more employers,
including a self-insured plan, created pursuant to the Employee
Retirement Income Security Act, as amended, or a multi-employer
plan, created pursuant to the Labor Management Relations Act of
1947.
(f) "Public authority" means any officer, board or commission
or other agency or political subdivision of the State of West
Virginia authorized by law to enter into a contract for the
construction of a public improvement, including any institution
supported, in whole or in part, by public funds of the State of
West Virginia or its political subdivisions.
(g) "Public improvement" means all buildings, roads, highways,
bridges, streets, alleys, sewers, ditches, sewage disposal plants,
waterworks, airports and all other structures upon which
construction may be let to contract by the State of West Virginia
or any political subdivision, and includes projects for which
expenditures are made, in whole or in part, from public funds.
§21-1E-2. Policy declared.
It is hereby declared to be the policy of the State of West Virginia that workers on public improvement projects should be
covered by health care insurance.
§21-1E-3. Insurance requirements.
On and after July 1, 2009, or the next plan year, a person,
firm or corporation engaged in the construction industry may not
enter into a contract with a public authority for the construction
of a public improvement project of an aggregate value of $1 million
or more including labor and materials, without establishing in
writing to the public authority's satisfaction that at least eighty
percent of the employees working on the project are covered by a
policy of health insurance or at least eighty percent of the total
hours worked on the project will be by employees who are covered by
a policy of health insurance.
NOTE: The purpose of this bill is to require that workers on
public improvement projects valued at $1 million or more be covered
by health care insurance.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.