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Introduced Version Senate Bill 1011 History

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sb1011 intr
Senate Bill No. 1011

(By Senator Tomblin (Mr. President))

(By Request of the Executive)

____________

[Introduced May 13, 2010; referred to the

Committee on the Judiciary; and then to

the Committee on Finance.]

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A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-23, relating to effectuating the federal Patient Protection and Affordable Care Act of 2010; authorizing the Insurance Commissioner to apply for and expend certain federal grants; authorizing the Insurance Commissioner to enter into contracts to implement insurance programs authorized under the federal Patient Protection and Affordable Care Act of 2010; exempting certain contracts from the state purchasing rules; authorizing the Insurance Commissioner to designate a plan administrator; establishing a special revenue account in the State Treasury; authorizing investment; and authorizing the Insurance Commissioner to promulgate emergency and legislative rules to effectuate certain provisions of the federal Patient Protection and Affordable Care Act of 2010.

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 section, designated §33-2-23, to read as follows:
ARTICLE 2. INSURANCE COMMISSIONER.
§33-2-23. Implementation of federal programs under the Patient Protection and Affordable Care Act of 2010; authority of commissioner; exemption from purchasing rules; operation of a temporary high risk pool program; special revenue account established; rulemaking.

     (a) The Insurance Commissioner may apply for and expend federal grants and may enter into contracts on behalf of the state with the federal government or its agencies, other states, political subdivisions of this state, corporations, associations, partnerships or individuals to implement or participate in any insurance program authorized under the Patient Protection and Affordable Care Act of 2010, Pub. Law No. 111-148, §1101: Provided, That the provisions of article three, chapter five-a of this code do not apply to any contracts executed by or on behalf of the commissioner pursuant to this section.
     (b) Upon the execution of a contract with the federal government to implement a temporary high risk pool program under the Patient Protection and Affordable Care Act of 2010, the commissioner may:
     (1) Designate the Public Employees Insurance Agency as plan administrator for such program: Provided, That if such agency is so designated, it may reimburse health care providers at the same health care reimbursement rates then in effect for the West Virginia Public Employees Insurance Agency and such health care providers are prohibited from balance billing enrollees as set forth in section four, article twenty-nine-d, chapter sixteen of this code;
     (2) Require the board of directors of the West Virginia Health Insurance Plan to implement the program in accordance with a plan of operation approved by the commissioner: Provided, That if the board is required to implement the program and fails to submit a satisfactory plan of operation to the commissioner on or before June 15, 2010, the commissioner may promulgate an emergency rule as is necessary for the board to implement the federal high risk pool program; or
     (3) Contract with any insurer or third party administrator licensed in this state to administer or exercise other duties incident to the operation of such high risk pool program.
     (c) All moneys collected from participants in the high risk pool program established pursuant to this section shall be deposited in a special account in the State Treasury to be known as the "Qualified High Risk Premium Fund." The Qualified High Risk Premium Fund shall be invested in the manner permitted by articles six and six-c, chapter twelve of this code, with the interest income a proper credit to the fund, unless otherwise designated by law. The fund shall be administered by the commissioner and used to pay all proper costs incurred in implementing the provisions of this section, all administrative costs of the program, all claims, and proper ongoing costs of the program. Moneys deposited into this account are available for expenditure as the commissioner may direct in accordance with the provisions of this section. Nothing in this section may be construed to mandate additional funding for this program or to require any additional appropriation by the Legislature. Funds paid into the account may also be derived from any gifts, grants, bequests, transfers or donations which may be received from any governmental entity or any person, firm, foundation or corporation.
     (d) The commissioner may, in accordance with the provisions of article three, chapter twenty-nine-a of this code, propose legislative rules and promulgate emergency rules to effectuate the insurance provisions of the Patient Protection and Affordable Care Act of 2010.

          NOTE: The purpose of this bill is to authorize the Insurance Commissioner contract with the United States government to implement a temporary high risk pool program, as set forth in the recently passed federal Patient Protection and Affordable Care Act of 2010. Such a program would provide health insurance coverage to currently uninsured individuals with preexisting conditions. The bill also permits the Insurance Commissioner to promulgate emergency rules in order to effectuate any insurance provisions of the Act.

          This section is new; therefore, strike-throughs and underscoring have been omitted.
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