Chapter 33, Chapter 33

(a) The execution of a contract by a health carrier does not relieve the health carrier of its liability to any person with whom it has contracted for the provision of services, nor of its responsibility for compliance with the law or applicable regulations. (b) All contracts sha…

(a) If the commissioner determines that a health carrier has not contracted with a sufficient number of participating providers to assure that covered persons have accessible health care services in a geographic area, or that a health carrier’s network access plan does not assure…

The commissioner shall propose a rule for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this article.

(a) For health plans, policies, contracts, or agreements issued, amended, adjusted, or renewed on or after January 1, 2021: (1) Benefits may not be denied for any health care service performed by a pharmacist licensed under §30-5-1 et seq. of this code if: (A) The service perform…

(a) The following terms are defined: (1) “Distant site” means the telehealth site where the health care practitioner is seeing the patient at a distance or consulting with a patient’s health care practitioner. (2) “Established patient” means a patient who has received professiona…

(a) Notwithstanding a prohibition or limitation contained within the provisions of §33-1-1 et seq. and §5-16-1 of this code an insurer subject to §5-16-1 et seq., §33-15-1 et seq., §33-16-1 et seq., §33-24-1 et seq., §33-25-1 et seq., and §33-25A-1 of this code which amends, rene…

(a) Findings. — (1) It is estimated that over 240,000 West Virginians are diagnosed and living with type 1 or type 2 diabetes and another 65,000 are undiagnosed; (2) Every West Virginian with type 1 diabetes and many with type 2 diabetes rely on daily doses of insulin to survive;…

For the purposes of this article, unless the context otherwise indicates: “Applicant” means a person or entity that has filed an application under §33-60-2 of this code. “Beta test” means the phase of testing of an insurance innovation in the regulatory sandbox through the use, s…

(a) The Insurance Commissioner shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code for the purposes of administering this article. (b) The Insurance Commissioner shall develop all forms, contracts, or other documents to …

(a) Except as provided in subsection (b) of this section, on or before December 31, 2025, an applicant may apply to the commissioner for admission to the regulatory sandbox by submitting an application in the form prescribed by the commissioner, accompanied by the following: (1) …

(a)(1) Unless extended as provided in §33-60-3(a)(2) of this code, the commissioner shall issue a notice of acceptance or rejection in accordance with this section within 60 days from the date an application is received. (2) The commissioner may extend by not more than 30 days th…

(a) Within 10 days following the timely receipt of an acceptance pursuant to §33-60-3(d)(2)(B) of this code, the commissioner shall issue a limited no-action letter that: (1) Sets forth terms and conditions for the participant that are the same as those set forth in the notice of…

(a) The time period for a beta test shall be three years. The time period may be extended by the commissioner in the notice of acceptance for a period that is not longer than one year if a request is made in accordance with §33-60-2(a)(5)(B) of this code. (b) During the beta test…

(a) Within 60 days of completion of the beta test, unless the time period is extended up to 30 days upon notice from the commissioner, the commissioner shall issue an extended no-action letter or a notice declining to issue an extended no-action letter. The participant may contin…

(a) All documents, materials, or other information in the possession or control of the commissioner that are created, produced, obtained, or disclosed in relation to this article and that relate to the financial condition of any person shall be confidential by law and privileged,…

(a) On or before September 1 each year during which there was activity pursuant to this article during the prior fiscal year, the commissioner shall submit a written report to the Joint Committee on Government and Finance that meets the requirements of §33-60-8(b) of this code. (…

The commissioner may enter into agreements with state, federal, or foreign regulatory agencies to allow persons who make an insurance innovation available in West Virginia through the regulatory sandbox to make their insurance innovation available in other jurisdictions and to al…

This article applies only to the Mining Mutual Insurance Company created pursuant to this article.

To the extent applicable, and when not in conflict with the provisions of this article, the provisions of chapters 31, 31D, 31E, and 33 of this code apply to the company created pursuant to the provisions of this article. If a provision of this article and another provision of th…

(a) The Legislature finds that: (1) There has been a nationwide downturn in the coal mining industry which was especially difficult in West Virginia; (2) Coal mining permit holders across the state have faced economic circumstances that forced many of them into difficult financia…

For purposes of this article, the term: “Commissioner” means the Insurance Commissioner as provided in §33-2-1 of this code. “Company” means the Mining Mutual Insurance Company created pursuant to the terms of this article. “Operator” has the same meaning as provided in §22-3-3 o…

(a) A Mining Mutual Insurance Company may be created as a domestic, private, nonstock corporation in this state. The company shall remain for the duration of its existence a domestic mutual insurance company owned by its policyholders and may not be converted into a stock corpora…

(a) The company shall initially be governed by a provisional board of directors consisting of five directors. The provisional board shall act as the incorporators of the company and shall prepare and file articles of incorporation and bylaws in accordance with the provisions of t…

(a) If the company’s board of directors determines that the affairs of the company may be administered suitably and efficiently, the company may enter into a contract with a licensed insurer, licensed health service plan, insurance service organization, third-party administrator,…

(a) As soon as practical, the company established pursuant to the provisions of this article shall file its corporate charter and bylaws with the commissioner and apply for a license to transact insurance in this state. Notwithstanding any other provision of this code, the commis…

(a) There is hereby created in the State Treasury a special revenue account designated as the Department of Environmental Protection Mining Mutual Insurance Company Fund solely for the purpose of receiving moneys transferred from various funds at the Department of Environmental P…

(a) Upon approval by the commissioner for a license to transact insurance in this state, the company may issue nonassessable policies of performance bonds. (b) Operators may procure nonassessable policies of performance bonds from the company or other allowable providers to satis…

This article shall be known as the "Travel Insurance Model Act."

Travel insurance may be provided under an individual policy or under a group or blanket policy.

(a) The commissioner may conduct investigations or examinations of travel insurers, limited lines travel insurance producers, travel retailers, and travel administrators to enforce the provisions of this article to protect resident travel insurance consumers. (b) The commissioner…

The commissioner may propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq. of this code to implement the provisions of this article.

(a) The purpose of this article is to promote the public welfare by creating a comprehensive legal framework within which travel insurance may be sold in this state through the establishment of clear regulatory obligations for those involved in the development and distribution of…

As used in this article: (1) "Aggregator site" means a website that provides access to information regarding insurance products from more than one insurer, including product and insurer information, for use in comparison shopping; (2) "Blanket travel insurance" means travel insur…

(a) The commissioner may issue to an individual or business entity that has filed with the commissioner an application for such limited license in a form and manner prescribed by the commissioner, a limited lines travel insurance producer license that authorizes the limited lines…

(a) A travel insurer shall pay premium tax, as provided in §33-3-14 and §33-3-14a of this code, on travel insurance premiums paid by any of the following: (1) An individual primary policyholder who is a resident of this state; (2) A primary certificate holder who is a resident of…

(a) Notwithstanding any other provision of this chapter, travel insurance shall be classified and filed for purposes of rates and forms under an inland marine line of insurance: Provided, That travel insurance that provides coverage for sickness, accident, disability, or death oc…

Travel protection plans may be offered for one price in this state if: (1) The travel insurance, travel assistance services, and cancellation fee waivers are clearly delineated in the travel protection plan’s fulfillment materials. The fulfillment materials shall include the trav…

(a) All persons offering travel insurance to residents of this state are subject to the Unfair Trade Practices provisions of §33-11-1 et seq. of this code, except as otherwise provided in this section. In the event of a conflict between this article and other provisions of this c…

(a) Notwithstanding any other provisions of this chapter, no person shall act or represent itself as a travel administrator in this state unless that person: (1) Is a licensed property and casualty insurance producer in this state for activities permitted under that producer lice…

(a) This article may be cited as the “Delivery Network Company Insurance Act.” (b) As used in this article: (1) "Delivery network company" or "DNC" means a corporation, partnership, sole proprietorship, or other entity that operates in West Virginia and uses a digital network to …

Nothing in this article limits the scope of federal or state law regarding delivery or transport of goods. Deliveries made under this article that are subject to such other law must also comply with the requirements of that law. In the event of a conflict between this article and…

(a) A delivery network company shall ensure that during the delivery available period, if it applies, and during the delivery service period, primary motor vehicle liability insurance is in place that recognizes that the driver is a delivery network company driver or that does no…

A delivery network company shall not permit a delivery network driver to accept a request for a delivery or engage in delivery services on a DNC’s digital network until the DNC discloses in writing to the driver: (1) The insurance coverage, including the types of coverage and the…

(a) An authorized insurer that writes motor vehicle liability insurance in this state may exclude any and all coverage and the duty to defend or indemnify for any injury or loss that occurs during the delivery available period and the delivery service period, including, but not l…

This article shall take effect on July 1, 2025.

As used in this article: "Broker" means an independent health insurance agent licensed in this state. "Commissioner" means the Insurance Commissioner of West Virginia. "Person" means a natural person, corporation, mutual company, unincorporated association, partnership, joint ven…

(a) No wellness reimbursement program, arrangement, or benefit plan administrator may sell, offer, market, promote, or operate a wellness reimbursement program, arrangement, or benefit plan as that term is defined in this article without first being licensed by the commissioner. …

(a) A wellness reimbursement program, arrangement, or benefit plan administrator shall attest to the commissioner and to the employer or employee that the wellness reimbursement program, arrangement, or benefit plan complies with all federal and state laws. (b) A wellness reimbur…

(a) A broker is not required to register as a wellness reimbursement program, arrangement, or benefit plan administrator to acquire commissions paid by such a company. (b) A broker is not an employee of the wellness reimbursement program, arrangement, or benefit plan administrato…

(a) The commissioner shall enforce this article. (b) A person who violates any part of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $20,000 or confined in jail not more than one year, or both fined and confined, for each viola…