US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

Home » US Law » 2022 West Virginia Code » Chapter 33. Insurance » Article 15. Accident and Sickness Insurance

§33-15-1. Scope of Article

Nothing in this article shall apply to or affect: (a) Any policy of liability or workers' compensation insurance nor shall any of the references to "other insurance" contained in this article be interpreted to mean, include, or apply to, any policy of liability or workers' compensation insurance. (b) Any group accident and sickness policy issued […]

§33-15-10. Franchise Insurance

Accident and sickness insurance on a franchise plan is hereby declared to be that form of accident and sickness insurance issued to: (a) Five or more employees of any corporation, copartnership or individual employer or any governmental corporation, agency or department thereof, or (b) Five or more members of any trade or professional association or […]

§33-15-12. Continuum of Care Services

Any insurer which, on or after July 1, 1986, delivers or issues for delivery in this state any policy of accident and sickness insurance under the provisions of this article, shall make available for purchase, at a reasonable rate, supplemental insurance coverage for continuum of care services pursuant to article five-d, chapter sixteen of this […]

§33-15-14. Policies Discriminating Among Health Care Providers

Notwithstanding any other provisions of law, when any health insurance policy, health care services plan or other contract provides for the payment of medical expenses, benefits or procedures, such policy, plan or contract shall be construed to include payment to all health care providers including medical physicians, osteopathic physicians, podiatric physicians, chiropractic physicians, midwives, physician […]

§33-15-17. Child Immunization Services Coverage

All policies issued pursuant to this article shall cover the cost of child immunization services as described in section five, article three, chapter sixteen of this code, including the cost of the vaccine, if incurred by the health care provider, and all costs of vaccine administration. These services shall be exempt from any deductible, per-visit […]

§33-15-18. Equal Treatment of State Agency

An insurer may not impose requirements on a state agency, which has been assigned the rights of an individual eligible for medical assistance under Medicaid and covered for health benefits from the insurer, that are different from requirements applicable to an agent or assignee of any other individual so covered.

§33-15-19. Coordination of Benefits With Medicaid

Any health insurer, health maintenance organization as defined in article twenty-five-a of this chapter, prepaid limited health service organization as defined in article twenty-five-d of this chapter or hospital and medical service corporations as defined in article twenty-four of this chapter is prohibited from considering the availability or eligibility for medical assistance in this or […]

§33-15-1a. Premium Rate Increase Requests; Loss Ratio Requirement

To be eligible to make a premium rate increase request after July 1, 1995, any insurer offering or which has in force accident and sickness insurance policies which are subject to the provisions of this article shall have a minimum anticipated loss ratio of sixty-five percent as to such policy form. In calculating its minimum […]

§33-15-1b. Rates, Individual Major Medical Policies

(a) No individual major medical coverage policy may be approved by the commissioner for use in this state unless: (1) The premium rates for the policy, after adjustment for any difference in policy benefits, which include, but are not limited to, deductibles, copayments and levels of care management, do not exceed by more than thirty […]

§33-15-2. Scope and Format of Policy

No policy of accident and sickness insurance shall be delivered or issued for delivery to any person in this state unless: (a) The entire money and other considerations therefor are expressed therein; and (b) The time at which the insurance takes effect and terminates is expressed therein; and (c) It purports to insure only one […]

§33-15-21. Coverage of Emergency Services

From July 1, 1998: (a) Every insurer shall provide coverage for emergency medical services, including prehospital services, to the extent necessary to screen and to stabilize an emergency medical condition. The insurer shall not require prior authorization of the screening services if a prudent layperson acting reasonably would have believed that an emergency medical condition […]

§33-15-22. Assignment of Certain Benefits in Dental Care Insurance Coverage

(a) Any entity regulated under this article that provides dental care coverage to a covered person shall honor an assignment, made in writing by the person covered under the policy, of payments due under the policy to a dentist or a dental corporation for services provided to the covered person that are covered under the […]

§33-15-2a. Definitions

For purposes of this section and sections two-b, two-c, two-d, two-e, two-f, two-g and four-e: (a) "Accident and sickness insurance coverage" means benefits consisting of medical care (provided directly, through insurance or reimbursement, or otherwise and including items and services paid for as medical care) under any hospital or medical service policy of certificate, hospital […]

§33-15-2c. Feasibility Study for Alternatives to Guaranteed Issue

The Legislature finds that alternatives to the provisions of this article relating to guaranteed issue of individual accident and sickness insurance policies do exist but the feasibility of these alternatives are not presently known. Therefore, the commissioner is to perform or have performed a study as to the feasibility of these alternatives and their impact […]

§33-15-2d. Exceptions to Guaranteed Renewability

(a) An insurer may nonrenew or discontinue accident and sickness insurance coverage of an individual in the individual market based only on one or more of the following: (1) The individual has failed to pay premiums or contributions in accordance with the terms of the policy or the insurer has not received timely premium payments;