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Home » US Law » 2022 West Virginia Code » Chapter 33. Insurance » Article 48. Model Health Plan for Uninsurable Individuals Act

§33-48-1. Definitions

For purposes of this article: (a) "Board" means the board of directors of the plan. (b) "Church plan" has the meaning given such term under Section 3(33) of the federal Employee Retirement Income Security Act of 1974. (c) "Commissioner" means the Insurance Commissioner of this state. (d)(1) "Creditable coverage" means, with respect to an individual, […]

§33-48-10. Taxation

The plan established pursuant to this article shall be exempt from the premium taxes assessed under sections fourteen and fourteen-a, article three of this chapter.

§33-48-4. Eligibility

(a) The following persons are eligible for plan coverage: (1) Any individual who is and continues to be a resident of this state if evidence is provided; of a notice of rejection or refusal to issue substantially similar insurance for health reasons by one insurer or of a refusal by an insurer to issue insurance […]

§33-48-5. Unfair Referral to Plan

It shall constitute an unfair trade practice for the purposes of article eleven of this chapter for an insurer, insurance agent or insurance broker to refer an individual employee to the plan, or arrange for an individual employee to apply to the plan, for the purpose of separating that employee from group health insurance coverage […]

§33-48-6. Plan Administrator

(a) The board shall select a plan administrator through a competitive bidding process to administer the plan. The board shall evaluate bids submitted based on criteria established by the board which shall include: (1) The plan administrator's proven ability to handle health insurance coverage to individuals;

§33-48-7. Funding of the Plan

(a) Premiums. — (1) The plan shall establish premium rates for plan coverage as provided in subdivision (2) of this subsection. Separate schedules of premium rates based on age, sex and geographical location may apply for individual risks. Premium rates and schedules shall be submitted to the commissioner for approval prior to use.

§33-48-7a. Special Revenue Account Created

(a) There is hereby created a special revenue account in the state Treasury, designated the "West Virginia Health Insurance Plan Fund", which shall be an interest-bearing account and may be invested in the manner permitted by article six, chapter twelve of this code, with the interest income a proper credit to the fund, unless otherwise […]

§33-48-7b. Surplus Available to Subsidize Premiums

Whenever the board determines that the account created pursuant to section seven-a of this article contains a surplus above those amounts necessary to provide fully for the expected costs of claims and other expenses listed in subsection (a), section seven of this article, the plan may use such surpluses to subsidize the premium of enrollees […]

§33-48-8. Benefits

(a) The plan shall offer health care coverage consistent with comprehensive coverage to every eligible person who is not eligible for Medicare. The coverage to be issued by the plan, its schedule of benefits, exclusions and other limitations shall be established by the board and subject to the approval of the commissioner. (b) In establishing […]

§33-48-9. Collective Action

Neither the participation in the plan as participating insurers, the establishment of rates, forms or procedures nor any other joint or collective action required by this article shall be the basis of any legal action, criminal or civil liability or penalty against the plan or any participating insurer.