West Virginia 2022 Regular Session

West Virginia Senate Bill SB169

Introduced
1/12/22  

Caption

Prohibiting insurers from denying coverage as result of pre-existing condition

Impact

The legislation will substantially affect the health insurance landscape in West Virginia by removing barriers that prevent individuals with prior medical conditions from obtaining necessary coverage. If the provisions of the federal Affordable Care Act (ACA) become unenforceable, this bill will provide a critical safeguard to maintain access to insurance for vulnerable populations. It aims to ensure that individuals who have historically struggled to secure health insurance due to pre-existing health conditions are provided with a pathway to obtain coverage.

Summary

Senate Bill 169 aims to amend the West Virginia Code focusing specifically on accident and sickness insurance coverage. Its primary objective is to mandate that insurers provide coverage for individuals with pre-existing conditions, ensuring that no applicant can be denied insurance based on their medical history. The bill outlines the conditions under which rates can vary, including the size of the family or individual coverage, geographical location, age (with specific restrictions), and tobacco use, while emphasizing that individuals with pre-existing conditions must be accepted regardless of their health status.

Sentiment

The reception of SB 169 has been largely favorable among advocacy groups and those advocating for healthcare rights, as it supports a healthcare model that prioritizes accessibility and non-discrimination in insurance coverage. However, some opposition may arise particularly from insurers who might be concerned about the implications of accepting higher-risk individuals without denying coverage due to pre-existing conditions, which could affect their financial metrics.

Contention

A notable point of contention within the bill is its reliance on the condition that the provisions of the ACA must become non-enforceable for SB 169 to take effect. This could spark a debate regarding the role of state versus federal government in regulating health insurance and whether state provisions should fill gaps left by federal laws. Although the bill seeks to ensure nondiscriminatory practices in health coverage, the potential financial repercussions for insurers and the overall healthcare market may lead to discussions about the sustainability of these provisions in the long term.

Companion Bills

No companion bills found.

Similar Bills

AZ HB2209

Insurance; preexisting conditions; essential benefits

CT HB05521

An Act Expanding Required Health Insurance Coverage For Preexisting Conditions.

TX SB614

Relating to preexisting condition provisions in individual accident and health insurance policies.

CT SB01084

An Act Concerning Short-term Health Insurance Benefits And The Authority Of The Insurance Commissioner To Impose Fines Against An Insurer Or Health Care Center.

TX HB3924

Relating to health benefits offered by certain nonprofit agricultural organizations.

WV HB2120

Ensuring health insurance coverage for residents with preexisting conditions

AZ HB2121

Insurance; omnibus

TX HB3752

Relating to the offering of health benefit coverage by subsidiaries of the Texas Mutual Insurance Company.