SB 375 — Health Care Sharing Ministries Freedom to Share Act

WEST VIRGINIA LEGISLATURE REGULAR SESSION IntroducedCommittee Substitute for Senate Bill 375 ByB SenatorsYSENATORAZINGER Azinger,AKARNES Karnes,[Originating andin Ruckerthe [IntroducedCommittee Januaryon 12,Banking 2024;and Insurance;

referredreported February 12, 2024] CS for SB 375 A BILL to amend the CommitteeCode onof BankingWest Virginia, 1931, as amended, by adding thereto a new article, designated §35-1B-1, §35-1B-2, §35-1B-3, §35-1B-4, and Insurance;§35-1B-5, all relating to creating the Health Care Sharing Ministries Freedom to Share Act;

and then to the Committee on Finance] Intr SB 375 2024R1740 A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §35-1A-1, §35-1A-2, §35-1A-3, §35-1A-4, and §35-1A-5, all relating to creating the Health Care Sharing Ministries Freedom to Share Act;

ARTICLE 1A.1B.

§35-1A-1.§35-1B-1.

This article shall be known as the "HealthHealth Care Sharing Ministries Freedom to Share Act".Act.

§35-1A-2.§35-1B-2.

Exemption of Healthhealth Carecare Sharingsharing Ministriesministries from the Insuranceinsurance Code.code.

§35-1A-3.§35-1B-3.

(c) Provides for the financial or medical needs of a participant through contributions from other participants.participants;

CS for SB 375 (d) Provides amounts that participants may contribute with no assumption of risk or promise to pay among the participants and no assumption of risk or promise to pay by the health Intr SB 375 2024R1740 care sharing ministry to the participants;

(e) Provides to the participants monthlymonthly, the total dollar amount of qualified needs actually shared in the previous month in accordance with criteria established by the health care sharing ministry;

(f) Conducts an annual audit which is performed by an independent certified public accounting firm in accordance with generally accepted accounting principles and whichwhich, is made available to the public by providing a copy upon request,request or by posting on the organization's website;

and (g) Provides a written disclaimer onon, or accompanyingaccompanying, all applications and guideline materials distributed byby, or on behalf ofof, the organization that reads, in substance:

The organization facilitating the sharing of medical expenses is not an insuranceinsurancecompany, company, and neither its guidelinesguidelines, nor plan of operation is an insurance policy.

As such, participation in the organizationorganization, or a subscription to any of its documentsdocuments, should never be considered to be insur.nRegardlessinsuranc. of whether you receive any payments for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills.

§35-1A-4.Regardless of whether you receive any payments for medical expenses or whether this organization continues to operate, you are always personally responsible for the payment of your own medical bills.” §35-1B-4.

Public Institutionsinstitutions of Higherhigher Education.education.

If a public institution of higher education in this state requires a student to purchase health care insurance, the institution shall allow the student to satisfy this requirement through membership in a health care sharing minist.yministry. §35-1A-5.

Third-party§35-1B-5. Payers.

HealthThird-party Carepayers. Sharing Ministries may not be considered third-party payers for any purposes where the term "third Party Payer or Payers" occurs in any sections of law of this code, including financial assistance programs for hospitals, Medicaid, SCHIP, other safety net programs for health Intr SB 375 2024R1740 care, and chapter 33 of this code.

NOTE:Health Care Sharing Ministries may not be considered third-party payers for any purposes where terms like "third-party payer or payor" are used in this code, including financial assistance CS for SB 375 programs for hospitals, Medicaid, state children’s health insurance program, other safety net programs for health care, and chapter 33 of this code.

The purpose of this bill is to create the "Health Care Sharing Ministries Freedom to Share Act".

The bill exempts a health care sharing ministry form the state's insurance laws.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.