West Virginia 2020 Regular Session Status: Passed Senate

SB 284 — Creating WV Health Care Continuity Act

Last action — To House Health and Human Resources

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

99 added · 60 removed

Plain-language change summary

The updated version of Senate Bill 284 adds several new sections and provisions to the existing health care laws in West Virginia, notably establishing the West Virginia Health Care Continuity Act and creating a State Commission on Health Care Continuity. Key changes include stronger protections against exclusions for preexisting conditions and regulations for fair cost-sharing in health benefit plans. These amendments aim to enhance the stability and accessibility of health care for residents, ensuring they have better protection and options when navigating their health insurance.

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NEWS RELEASES HELPFUL LINKS SB284 SUB1 « Senate Bill 284 History OTHER VERSIONS  —  Committee Substitute (2)  |  Introduced Version  |   |  Email Key:
NEWS RELEASES HELPFUL LINKS SB284 SUB2 « Senate Bill 284 History OTHER VERSIONS  —  Committee Substitute (1)  |  Introduced Version  |   |  Email Key:
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Senate Bill 284 By Senators Carmichael (Mr.
Red = new code to be enacted WEST virginia legislature regular session Committee Substitute for Committee Substitute for Senate Bill 284 Senators Carmichael (Mr.
President), Cline, Maynard, and Maroney, original sponsors [Originating in the Committee on Banking and Insurance;
President), Cline, Maynard, and Maroney, original sponsors [Originating in the Committee on Health and Human Resources;
reported on February 7, 2020]     A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-53-1, §33-53-2, §33-53-3, §33-53-4, §33-53-5, §33-53-6, §33-53-7, §33-53-8, §33-53-9, §33-53-10, §33-53-11, and §33-53-12, all relating to West Virginia Health Care Continuity Act;
reported on February 19, 2020]     A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4u;
including provisions for the creation of a State Commission on Health Care Continuity, when the act becomes effective;
to amend said code by adding thereto a new section, designated §33-16-3ff;
establishing of the West Virginia Patient Protection Pool Risk-Sharing Program, and the involvement of the Joint Committee on Government and Finance;
to amend said code by adding thereto a new section, designated §33-24-7u;
to amend said code by adding thereto a new section, designated §33-25-8r;
to amend said code by adding thereto a new section, designated §33-25A-8u;
to amend said code by adding thereto a new article, designated §33-53-1, §33-53-2, §33-53-3, §33-53-4, §33-53-5, §33-53-6, §33-53-7, §33-53-8, §33-53-9, §33-53-10, §33-53-11, and §33-53-12, all relating to establishing the West Virginia Health Care Continuity Act;
making the act applicable to existing code;
including provisions for the creation of a State Commission on Health Care Continuity when the act becomes effective;
establishing the West Virginia Patient Protection Pool Risk-Sharing Program and review by the Joint Committee on Government and Finance;
ARTICLE 15.
ACCIDENT AND SICKNESS INSURANCE §33-15-4u.
Incorporation of the Health Care Continuity Act.
The provisions of the Health Care Continuity Act codified at §33-53-1 et seq.
of this code are made applicable to the provisions of this article.
ARTICLE 16.
GROUP ACCIDENT AND SICKNESS INSURANCE.
§33-16-3ff.
Incorporation of the Health Care Continuity Act.
The provisions of the Health Care Continuity Act codified at §33-53-1 et seq.
of this code are made applicable to the provisions of this article.
ARTICLE 24.
HOSPITAL SERVICE CORPORATIONS, MEDICAL SERVICE CORPORATIONS, DENTAL SERVICE CORPORATIONS, AND HEALTH SERVICE CORPORATIONS.
§33-24-7u.
Incorporation of the Health Care Continuity Act.
The provisions of the Health Care Continuity Act codified at §33-53-1 et seq.
of this code are made applicable to the provisions of this article.
ARTICLE 25.
HEALTH CARE CORPORATIONS.
§33-25-8r.
Incorporation of the Health Care Continuity Act.
The provisions of the Health Care Continuity Act codified at §33-53-1 et seq.
of this code are made applicable to the provisions of this article.
ARTICLE 25A.
HEALTH MAINTENANCE ORGANIZATION ACT.
§33-25A-8u.
Incorporation of the Health Care Continuity Act.
The provisions of the Health Care Continuity Act codified at §33-53-1 et seq.
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of this code are made applicable to the provisions of this article.
“Commissioner” means the commissioner of insurance.
“Commissioner” means the Commissioner of Insurance.
“Health insurance policy” means any individual insurance policy, group insurance policy, or other health benefit plan subject to the requirements of §33-15-1 et seq., §33-16-1 et seq., §33-25-1 et seq., or §33-25A-1 et seq.
“Health insurance policy” means any individual insurance policy, group insurance policy, or other health benefit plan subject to the requirements of §33-15-1 et seq., §33-16-1 et seq., §33-24-1 et seq., §33-25-1 et seq., or §33-25A-1 et seq.
(1) Examine West Virginia’s historical experience with the West Virginia Health Insurance Plan high-risk pool, established in §§33-48-1, et seq.
(1) Examine West Virginia’s historical experience with the West Virginia Health Insurance Plan high-risk pool, established in §33-48-1, et seq.
(b) Evaluate how funds that may currently be utilized to pay the Health Insurance Provider Fee (HIPF) or may be recovered pursuant to litigation related to the HIPF may be used to contribute to the funding of the program;
(b) Evaluate how funds that may currently be utilized to pay the health insurance provider fee (HIPF) or may be recovered pursuant to litigation related to the HIPF may be used to contribute to the funding of the program;
§33-53-7.  Approval by the Joint Committee on Government and Finance.
§33-53-7.
Implementation of the program and review by the Joint Committee on Government and Finance.
(b) The commissioner shall submit a report containing a detailed description of the proposed program to the Joint Committee on Government and Finance within 121 days after reporting the actuarial analysis required by §33-53-5 of this code to the Joint Committee on Government and Finance.
(b) The commissioner shall propose rules for legislative approval implementing the program pursuant to §29A-3-1, et seq.
(c) The Joint Committee on Government and Finance shall meet to review and approve the actuarial analysis, the details of the program as determined by the commissioner, and any required funding.
of this code.  The Legislature finds that an emergency exists and, therefore, the commissioner shall promulgate emergency rules implementing the program pursuant to §29A-3-1 et seq.
The committee may also take any other action with respect to the program deemed necessary by the committee.
of this code within 121 days after reporting the actuarial analysis required by §33-53-5 of this code to the Joint Committee on Government and Finance.  (c) The commissioner shall submit detailed reports of the program’s operation to the Joint Committee on Government and Finance annually by November 1.
“Pharmacy benefits manager” is defined in § 33-51-3 of this code.
“Pharmacy benefits manager” is defined in §33-51-3 of this code.
“Premium adjustment percentage” for any calendar year means the percentage by which the average per capita premium for health insurance policies in this state in the previous calendar year, as determined by the commissioner not later than the first day of October of such preceding calendar year, exceeds such average per capita premium for 2019.
“Premium adjustment percentage” for any calendar year means the percentage by which the average per capita premium for health insurance policies in this state in the previous calendar year, as determined by the commissioner not later than October 1 of such preceding calendar year, exceeds such average per capita premium for 2019.
and (4) Tobacco use, except that such rate may not vary by more than one and one-half to one.
and (4) Tobacco use, except that such rate may not vary by more than one and one half to one.
Rulemaking authority.
Rule-making authority.
(b) The commissioner shall establish these rules pursuant to §29A-3-1, et seq., of this code.
(b) The commissioner shall propose rules for legislative approval in accordance with the provisions of §29A-3-1 et seq.
of this code.
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Action History

  1. To House Health and Human Resources

  2. To Health and Human Resources

  3. Introduced in House

  4. Ordered to House

  5. Passed Senate (Roll No. 252)

  6. Read 3rd time

  7. On 3rd reading

  8. Floor amendment rejected (Voice vote)

  9. Read 2nd time

  10. Laid over on 2nd reading 2/21/20

  11. On 2nd reading

  12. Read 1st time

  13. On 1st reading

  14. Committee substitute for committee substitute reported

  15. To Health and Human Resources

  16. Committee substitute reported, but first to Health and Human Resources

  17. To Banking and Insurance

  18. Introduced in Senate

  19. To Banking and Insurance then Health and Human Resources

  20. Filed for introduction

Sponsors

  • Carmichael · Primary
  • Cline · Cosponsor
  • Maynard · Cosponsor
  • Maroney · Cosponsor

Sponsorship breakdown

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1 sponsors · 3 co-sponsors · 148 not signed on

Sponsors (1)

  • Carmichael

Co-sponsors (3)

  • Cline
  • Maynard
  • Maroney

Not signed on (148)

148 members have not signed on to this bill.

Show all 148 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passage

Passed 20 Yea · 14 Nay
Party YeaNayPresentNot Voting
Republican 2000
Unaffiliated 181400
Total 201400
% of votes cast 59%41%0%0%
How each member voted (34)
Member Party Vote
LINDSAY — Nay
SMITH — Yea
BALDWIN — Nay
MANN — Yea
STOLLINGS — Nay
BEACH — Nay
MARONEY — Yea
SWOPE — Yea
BLAIR — Yea
MAYNARD — Yea
SYPOLT — Yea
BOLEY — Yea
PALUMBO — Nay
TAKUBO — Yea
PITSENBARGER — Yea
TARR — Yea
CLINE — Yea
PLYMALE — Nay
TRUMP — Yea
FACEMIRE — Nay
PREZIOSO — Nay
UNGER — Nay
HAMILTON — Yea
ROBERTS — Yea
WELD — Yea
HARDESTY — Nay
ROMANO — Nay
WOELFEL — Nay
IHLENFELD — Nay
RUCKER — Yea
MR PRESIDENT — Yea
JEFFRIES — Nay
Charles H. Clements Republican Yea
Mike Azinger Republican Yea

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 284?
SB 284 is sponsored by Carmichael, Cline, Maynard, and Maroney.
What is the current status of SB 284?
This bill died with 2020 Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 284?
Track SB 284 free on One Click Politics — get push/email alerts when it moves.

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