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Introduced Version House Bill 4332 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 4332


(By Delegates Miley, Webster, Burdiss, Proudfoot, Guthrie, Brown, Fleischauer and Kessler)

[Introduced January 30, 2008; referred to the

Committee on the Judiciary.]




A BILL to amend and reenact §23-1-2 of the Code of West Virginia, 1931, as amended, relating to revising insurance commissioner reporting requirements to the legislature on workers' compensation insurance rules, policies and guidelines.

Be it enacted by the Legislature of West Virginia:

That §23-1-2 of the Code of West Virginia, 1931, as amended, be amended and reenacted, to read as follows:

CHAPTER 23. WORKERS' COMPENSATION.

ARTICLE 2. EMPLOYERS AND EMPLOYEES SUBJECT TO CHAPTER; EXTRATERRITORIAL COVERAGE.

§23-1-2. Reports by the Insurance Commissioner.

(a) In addition to any other oversight of the commission exercised by the Legislature, the commission The insurance commissioner shall regularly report at least quarterly to the joint
committee on government and finance and the joint commission on economic development or other legislative committee or subcommittee designated by the joint committee on government and finance, pursuant to the provisions of this section, and article three, chapter four of this code. The commission commissioner shall collect data and report on claims and injuries and on the costs and outcomes of injuries by standard codes for medical treatment, vocation rehabilitation services, return-to-work services, other benefits payable to or on behalf of employees, efforts to eliminate fraud and abuse and the impact of judicial and quasijudicial rulings on the administration of the workers' compensation system and the solvency of the fund. The workers' compensation commission commissioner shall provide to the joint committee on government and finance and the joint commission on economic development designated committee, an action plan for improving the workers' compensation system. This plan shall include detail on any administrative changes undertaken by the commission commissioner, a report on the anticipated outcome of the changes, a cost-benefit analysis of the changes and time frames for commencement and completion of these changes. Subsequent reports to the joint committee on government and finance and the joint commission on economic development shall report on the progress of these changes. The administrative changes shall include, but are not limited to, claims processing, reorganization, staff development and training, return-to-work programs, workplace alternatives for injured workers, safety programs and medical and vocational services.
(b) The commissioner shall provide copies of all rules, guidelines and policies for the operation and regulation of the workers' compensation insurance market pursuant to section one-A of this article, and the administration of old fund claims, as provided in article two-C of this chapter. Every rule shall be submitted to the committee designated pursuant to subsection (a) of this section, at the beginning of the public comment period and within thirty days of final promulgation of the rule. The committee shall review the rule as soon as practical following initial filing by the commissioner. Copies of guidelines and policies shall be submitted upon adoption by the commissioner. The commissioner shall submit only those guidelines and policies that apply uniformly to the entire workers' compensation insurance market or the old fund, and is not required to submit policies or guidelines prepared for individual insurers or that relate only to the internal operations of the office of the insurance commissioner. In all submissions required by this section, twenty copies of the submitted documents shall be filed with the committee.

(b) (c) The commission commissioner shall also report on the
current status of the workers' compensation fund and the coal- workers' pneumoconiosis fund. This analysis shall include the current balances in the fund and revenue generated and expended in relationship to the liabilities and assets of the funds and estimates of any debt reduction relative to the fund over the next reporting period.
(c) (d) The commission commissioner shall further report on the impact on the workers' compensation system of the amendments to subdivision (2), subsection (n), section six, article four of this chapter enacted during the year two thousand three, including, but not limited to, an analysis of any litigation resulting from the amendments and the availability of health care to injured workers resulting from the amendments.

(d) (e) The commission commissioner shall further report on methodologies used to establish all types of assessments and rates.

(e) (f) The commission commissioner shall further report on legislative action that may be required to further improve the operation of the commission the workers' compensation system.

(f) (g) The commission commissioner shall further report on efforts to eliminate fraud and abuse including a statistical breakdown of investigations being conducted and their outcomes. The commission commissioner shall report to the joint committee on government and finance on a monthly basis until the first day of
July, two thousand four, on fraud and abuse and quarterly thereafter.



NOTE: The purpose of this bill is to provide for legislative notice by the Insurance Commissioner whenever a rule, policy or guideline that affects the workers compensation insurance system is implemented.

Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.

This bill was recommended for introduction and passage by the Joint Committee on the Judiciary during 2007 legislative interims.
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