West Virginia § 33-40A-9 Supplemental provisions; rules; exemption

West Virginia Statutes

§ 33-40A-9 — Supplemental provisions; rules; exemption

West Virginia § 33-40A-9

Ch. 33Â INSURANCE

Art. 40ARISKED-BASED CAPITAL FOR HEALTH ORGANIZATIONS

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Bluebook

W. Va. Code § 33-40A-9 (2026).

Text

(a)The provisions of this article are supplemental to any other provisions of the laws of this state, and do not preclude or limit any other powers or duties of the commissioner under such laws, including, but not limited to, article ten and article thirty-four of this chapter.

(b)The commissioner may propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, as are necessary to effectuate the purposes of this article and to prevent circumvention and evasion thereof.

(c)The commissioner may exempt from the application of this article a domestic health organization that:

(1)Writes direct business only in this state;

(2)Assumes no reinsurance in excess of five percent of direct premiums written; and

(3)Writes direct annual premiums

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(a) The provisions of this article are supplemental to any other provisions of the laws of this state, and do not preclude or limit any other powers or duties of the commissioner under such laws, including, but not limited to, article ten and article thirty-four of this chapter.

(b) The commissioner may propose rules for legislative approval in accordance with article three, chapter twenty-nine-a of this code, as are necessary to effectuate the purposes of this article and to prevent circumvention and evasion thereof.

(c) The commissioner may exempt from the application of this article a domestic health organization that:

(1) Writes direct business only in this state;

(2) Assumes no reinsurance in excess of five percent of direct premiums written; and

(3) Writes direct annual premiums for comprehensive medical business of $2 million or less; or

(4) Is a limited health service organization that covers less than two thousand lives.