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West VirginiaHB 55272026 Regular SessionHouseWALLET

Relating to Wellness Reimbursement Programs

Sponsored By: Jonathan Kyle (Republican)

Became Law

§33-64-1§33-64-2§33-64-3§33-64-4§33-64-5§33-64-6§33-64-7

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 2 costs, 1 mixed.

Tough penalties for breaking program rules

Beginning June 12, 2026, violating this law is a misdemeanor. Each violation can bring a fine up to $20,000, up to one year in jail, or both. The Insurance Commissioner can revoke or suspend a license, or fine up to $1,000 per offense instead.

Administrators must cover tax-related losses

Beginning June 12, 2026, if a wellness program triggers a taxable event for an employer or an employee, the administrator must defend them. The administrator must pay any loss or judgment from related claims.

Licenses, fees and bonds for administrators

Beginning June 12, 2026, anyone running a wellness reimbursement program in West Virginia must hold a state license. You apply on the Insurance Commissioner’s form, pay $5,000 up front, and $500 to renew. You must provide two years of financial statements, meet fitness and background checks, and keep a surety bond. You must keep full records. The Commissioner inspects at least every three years, and you pay the exam costs.

Confidential filings and regulator oversight

Beginning June 12, 2026, proprietary information you file with the Insurance Commissioner stays confidential and is not a public record. The Commissioner enforces this law and may issue rules to carry it out.

Health plans are carved out

Beginning June 12, 2026, this law does not apply to health or wellness programs run by health insurers or self‑insured group health plans. Those programs keep operating under their existing rules.

Compliance and marketing rules for administrators and brokers

Beginning June 12, 2026, administrators must follow federal ERISA rules or provide a written approval from the IRS or U.S. Department of Labor. Administrators must attest to the state and to employers or employees that their program follows all laws. All ads and offers must be truthful; deceptive or misleading claims are banned. Brokers can earn commissions without registering as administrators, but they must act in good faith.

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Sponsors & Cosponsors

Sponsor

  • Jonathan Kyle

    Republican • House

Cosponsors

  • Michael Hite

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 219 • No: 0

House vote • 3/14/2026

House concurred in Senate amendment and passed bill (Roll No. 662)

Yes: 95 • No: 0

Senate vote • 3/13/2026

Passed Senate (Roll No. 572)

Yes: 34 • No: 0

House vote • 3/4/2026

Passed House (Roll No. 329)

Yes: 90 • No: 0

Actions Timeline

  1. Became law 4/2/2026

    4/2/2026House

  2. To Governor 3/25/26

    3/25/2026House

  3. House received Senate message

    3/14/2026House

  4. House concurred in Senate amendment and passed bill (Roll No. 662)

    3/14/2026House

  5. Communicated to Senate

    3/14/2026House

  6. Completed legislative action

    3/14/2026House

  7. House Message received

    3/14/2026Senate

  8. To Governor 3/25/2026 - Senate Journal

    3/14/2026Senate

  9. Became law without Governor's signature - Senate Journal

    3/14/2026Senate

  10. Became law without Governor's signature- House Journal

    3/14/2026House

  11. On 3rd reading

    3/13/2026Senate

  12. Read 3rd time

    3/13/2026Senate

  13. Passed Senate (Roll No. 572)

    3/13/2026Senate

  14. Senate requests House to concur

    3/13/2026Senate

  15. On 2nd reading

    3/12/2026Senate

  16. Read 2nd time

    3/12/2026Senate

  17. Committee amendment adopted (Voice vote)

    3/12/2026Senate

  18. Reported do pass, with amendment

    3/11/2026Senate

  19. Immediate consideration

    3/11/2026Senate

  20. Read 1st time

    3/11/2026Senate

  21. Reported do pass, but first to Finance

    3/9/2026Senate

  22. To Finance

    3/9/2026Senate

  23. Introduced in Senate

    3/5/2026Senate

  24. To Government Organization then Finance

    3/5/2026Senate

  25. To Government Organization

    3/5/2026Senate

Bill Text

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