West Virginia Offices of the Insurance Commissioner 2009 Annual ...

114 CSR 36 - West Virginia Life and Health Insurance Guaranty Association Act Notice
Requirements (emergency rule effective September 23, 2009)
The rule amendments updated the rule appendix to reflect both extensive amendments by the
2009 Legislature to the Guaranty Association Act (“GAA”) and added a separate form as an additional
appendix that sets forth the separate document required if the policy/contract being delivered will not be
covered by the Guaranty Association as required by W. Va. Code §33-26A-19(d).
114 CSR 64 - Mental Health Parity (emergency rule effective September 9, 2009)
The rule amendments were necessary to reflect 2009 amendments to the state parity statute, as
well as to address more specifically some of the other aspects of the federal law (parity in use of out of
network providers, actuarial certification of the costs and record retention). The amendment to the
state parity statute (2 nd Enr. Com Sub. for H.B. 3288) contained an internal effective date that made the
amendment applicable to “any plan year beginning on or after October 3, 2009”; therefore, the
emergency rule needed to be in place by October 3, 2009 in order to comply with the newly amended
statute and with federal law.
114 CSR 80 - Viatical Settlements (emergency rule effective September 9, 2009)
The rule amendment reflects a change contained in SB 284, enacted in 2009 and effective July
10, 2009, which amended the viatical broker licensing provisions to permit, as an alternative to the preamendment
requirement of the filing of a $250,000, evidence of an errors and omissions policy in the
amount of $100,000 per occurrence and $300,000 annual limit.
EMERGENCY ORDERS
Eight (8) emergency orders were issued by the Insurance Commissioner in 2009.
09-EO-01 - Emergency Order entered on February 3, 2009 - Re: Winter storm beginning January 26,
2009 which caused considerable snow and ice, disrupted transportation, downed trees and power lines
and considerable damage to private and public property throughout Cabell, Putnam, Kanawha and
surrounding counties in the State of West Virginia. Normal time frames for claim handling and
settlement set forth in West Virginia Code of State Rules Title 114, Series 14, Section 5 and subsections
6.2., 6.3., 6.7., 7.3.c., and 7.5. were suspended in the State of West Virginia for claims arising out of
the winter storm which began on January 26, 2009.
09-EO-02 - Emergency Adjuster Order entered on February 3, 2009 - Re: Winter storm beginning
January 26, 2009 which caused considerable snow and ice, disrupted transportation, downed trees and
power lines and considerable damage to private and public property throughout Cabell, Putnam,
Kanawha and surrounding counties in the State of West Virginia. The Commissioner authorized the
licensing of sufficient emergency adjusters to meet the demands of the public in Cabell, Putnam,
Kanawha and surrounding counties in the State of West Virginia as a result of the winter storm which
began on January 26, 2009.
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