FISCAL NOTE FISCAL NOTE 2023 REGULAR SESSION Introduced House Bill 2162 By Delegate Keaton [Introduced January 11, 2023; Referred to the Committee on Banking and Insurance then the Judiciary] A BILL to amend and reenact §33-20B-9 of the Code of West Virginia, 1931, as amended, relating to requiring insurers of physicians who perform abortions to establish a separate insurance pool. Be it enacted by the Legislature of West Virginia: ## ARTICLE 20B. RATES AND MALPRACTICE INSURANCE POLICIES. The commissioner may, as he or she deems considers necessary after notice and hearing, promulgate rules and regulations in accordance with §29A-3-1 et seq. of this code to define the commissioner’s authority to consider the operating results of an insurer's affiliates and subsidiaries in the rate making and solvency determination of that insurer: Provided, That prior to July 1, 2023, the commissioner shall promulgate rules in accordance with §29A-3-1 et seq. of this code that provide that insurers of physicians who perform abortions shall establish a separate insurance pool: Provided, however, That malpractice insurance premiums may not be lower under this separate pool than they would otherwise be to insure the physician. NOTE: The purpose of this bill is to require insurers of physicians who perform abortions to establish a separate insurance pool. Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.