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WV Code § 33-4A-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4A. All-Payer Claims Database|§33-4A-4. Data Subject to This Article

(a) All health care payers shall submit data to the secretary, or an entity designated by the secretary, at such times and in a form specified in rule. Any health care payer that the secretary or commissioner determines paid or administered the payment of health insurance claims in this state for policies on fewer than 500 covered lives in the previous calendar year is exempt from the requirements of this article.(b) Data submitted in accordance with this article shall be considered confidential by law and privileged, are exempt from disclosure pursuant to 29B-1-1 et seq. of this code, are not open to public inspection, are not subject to subpoena, are not subject to discovery or admissible in evidence in any criminal, private, civil, or administrative action, are not subject to production pursuant to court order, and shall only be used and disclosed pursuant to law and legislative rules promulgated pursuant to this article.(c)(1) Data submitted to and retained by the all-payer claims database (APCD) shall be available as a resource for the secretary and commissioner to conduct public health analyses, conduct program analyses, review health care utilization, expenditures, and performance in West Virginia, conduct academic research, and to enhance the ability of consumers to make informed and cost-effective health care decisions.(2) Data submitted to and retained by the APCD may, in accordance with this article and the legislative rules promulgated pursuant to this article, also be available as a resource for insurers, researchers, employers, providers, purchasers of health care, consumers, and state agencies. Any such use shall be limited to public health, research, consumer reporting, and program evaluation purposes.(d) Notwithstanding any other provision of law to the contrary, the APCD may not disclose any data that contain personal identifiers. The secretary, in accordance with procedures and standards set forth in legislative rule, may approve access to data elements not prohibited from disclosure by the APCD, as well as synthetic or created unique identifiers, for use by researchers, including government agencies, with established protocols for safeguarding confidential or privileged information. Use of the data by the secretary and commissioner shall not constitute a disclosure.
WV Code § 33-4A-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4A. All-Payer Claims Database|§33-4A-5. User Fees; Waiver

Reasonable user fees may be set by the secretary, in the manner established in legislative rule, for the right to access and use the data available from the all-payer claim database (APCD). The secretary may reduce or waive the fee if he or she determines that the user is unable to pay the scheduled fees and that the user has a viable plan to use the data or information in research of general value to the public health.
WV Code § 33-4A-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4A. All-Payer Claims Database|§33-4A-6. Enforcement; Injunctive Relief

If there is any violation of this article or any rule adopted thereunder, the commissioner or secretary may seek to enjoin a further violation in the circuit court of Kanawha County. Injunctive relief ordered pursuant to this section may be in addition to any other remedies and enforcement actions available to the secretary and commissioner under this chapter.
WV Code § 33-4A-7 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4A. All-Payer Claims Database|§33-4A-7. Special Revenue Account Created

(a) There is hereby created a special revenue account in the State Treasury, designated the West Virginia All-Payer Claims Database Fund, which shall be an interest-bearing account and may be invested in the manner permitted by 12-6-1 et seq. of this code, with the interest income a proper credit to the fund and which shall not revert to the general revenue, unless otherwise designated in law. The fund shall be overseen by the secretary and shall be used to pay all proper costs incurred in implementing the provisions of this article.(b) The following funds shall be paid into this account:(1) Penalties imposed on health care payers pursuant to this article and rules promulgated thereunder;(2) Funds received from the federal government;(3) Appropriations from the Legislature; and(4) All other payments, gifts, grants, bequests, or income from any source.
WV Code § 33-4A-8 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 4A. All-Payer Claims Database|§33-4A-8. Rule-Making Authority

To effectuate the provisions of this article, the secretary and commissioner may propose joint rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code as necessary to implement this article. Such rules may include, but are not limited to, the following:(a) Procedures for the collection, retention, use, and disclosure of data from the all-payer claims database (APCD), including procedures and safeguards to protect the privacy, integrity, confidentiality, and availability of any data;(b) Penalties against health care payers for violation of rules governing the submission of data, including a schedule of fines for failure to file data or to pay assessments;(c) Fees payable by users of the data and the process for a waiver or reduction of user fees. Any such fees shall be established at a level that, when considered together with other available funding sources, is deemed necessary to sustain the operation of the APCD;(d) A proposed time frame for the creation of the database;(e) Criteria for determining whether data collected, beyond the listed personal identifiers, is confidential clinical data, confidential financial data, or privileged medical information, and procedures to give affected providers and health care payers notice and opportunity to comment in response to requests for information that may be considered confidential or privileged;(f) Penalties, including fines and other administrative sanctions, that may be imposed by the commissioner for a health care payers failure to comply with requirements of this article and rules adopted thereunder; and(g) Establishment of advisory boards to provide advice to the secretary with respect to the various functions of the APCD.
WV Code § 33-5-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-1. Scope of Article

This article shall govern domestic mutual and stock insurers hereafter formed and shall govern existing domestic mutual and stock insurers to the extent applicable.
WV Code § 33-5-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-2. Application of General Laws

The statutes of this state relating to corporations generally, except where inconsistent with the provisions of this chapter, shall apply to domestic stock and mutual insurers.
WV Code § 33-5-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-3. Articles of Incorporation

In addition to the matters and things required generally in articles of incorporation, those of a domestic stock or mutual insurer shall state:(a) The name of the corporation;(b) The duration of its existence, which may be perpetual;(c) The kinds of insurance the corporation is formed to transact according to the definitions thereof in this chapter;(d) If a stock insurer, its authorized capital, the classes and number of shares into which divided, the par value of each such share, and the respective rights of each such class. Shares without par value shall not be authorized;(e) If a mutual insurer, the maximum contingent liability of its members (other than as to nonassessable policies) for payment of losses and expenses incurred, which liability shall be as stated in the articles of incorporation but not less than one nor more than six times the premium for the member's policy at the annual premium rate for a term of one year;(f) The number of directors, not less than five nor more than twenty, who shall conduct the affairs of the corporation;(g) The city or town in West Virginia in which is to be located the principal place of business, and states and countries in which business may be transacted;(h) The limitations, if any, on the corporation's indebtedness;(i) If a stock insurer, the extent, if any, to which its stock shall be assessable;(j) Such other provisions, not inconsistent with law, as are deemed appropriate.
WV Code § 33-5-4 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-4. Certificate of Incorporation

The articles of incorporation shall be filed with the Secretary of State of this state in the same manner as for other corporations and he shall issue a certificate of incorporation subject to the provisions of section three of article three of this chapter.
WV Code § 33-5-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-5. Amendment of Articles of Incorporation

(a) A stock insurer may amend its articles of incorporation in the same manner as other corporations, but no such amendment shall reduce authorized capital below the amount required by this chapter for the kinds of insurance thereafter to be transacted and except that no such amendment shall be filed with or accepted by the Secretary of State unless approved in writing by the commissioner.(b) A mutual insurer may amend its articles of incorporation by the affirmative vote of two thirds of its members present in person or by proxy at a regular or special meeting of members of which notice in writing setting forth the proposed amendment was mailed to all members at least thirty days in advance, except that no such amendment shall reduce the surplus below the amount required by this chapter for the kinds of insurance thereafter to be transacted and except that no such amendment shall be filed with or accepted by the Secretary of State unless approved in writing by the commissioner.
WV Code § 33-5-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-6. Formation of Mutuals -- Applications for Insurance

(a) Upon issuance of its certificate of incorporation as provided in section four of this article, the directors and officers of a domestic mutual corporation formed for the purpose of becoming a mutual insurer may open books for the registration of such requisite applications for insurance policies as they may accept, and may receive deposits of premiums thereon.(b) All such applications shall be in writing signed by the applicant, covering subjects of insurance resident, located, or to be performed in West Virginia.(c) All such applications shall provide that:(1) Issuance of the policy is contingent upon completion of organization of the insurer and issuance to it of a proper license;(2) No insurance is provided until the license has been so issued; and(3) The prepaid premium or deposit, and membership or policy fee if any, shall be refunded in full to the applicant if the organization is not completed and license issued before a specified reasonable date, which date shall be not later than one year following date of issuance of the certificate of incorporation.(d) All qualifying premiums collected shall be in cash.(e) Solicitation for such qualifying applications for insurance shall be by licensed agents of the insurer, and the commissioner shall upon application therefor issue temporary agent's licenses expiring on the date specified pursuant to paragraph (3), above, to individuals appointed by the insurer and qualified as for a resident agent's license. The commissioner may suspend or revoke any such license for any of the same causes and pursuant to the same procedures as are applicable to suspension or revocation of licenses of agents in general under article twelve.
WV Code § 33-5-7 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-7. Formation of Mutuals -- Deposit of Premiums; Filing of Trust Agreement; Issuance and Effective Date of Policies

(a) All sums collected by a domestic mutual insurer as premiums and fees on qualifying applications for insurance therein shall be deposited in trust in a West Virginia bank or trust company under a written trust agreement consistent with this section and with paragraph (3) of subsection (c) of section six of this article. The corporation shall file an executed copy of such trust agreement with the commissioner.(b) Upon issuance to the insurer of a license as an insurer for the kind of insurance for which such applications were solicited, all funds so held in trust shall become the funds of the insurer, and the insurer shall forthwith issue and deliver its policies for which premiums had been paid and accepted. The insurance provided by such policies shall be effective as of the date of the license.
WV Code § 33-5-8 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-8. Formation of Mutuals -- Assets Required; Temporary Capital Stock

No such domestic mutual insurer shall be issued a license until bona fide applications have been received and cash premiums collected in the manner provided in sections six and seven of this article in such sum, which, together with any other funds that may be legally available, will result in the insurer having unencumbered assets over and above all required reserves and other liabilities of at least an amount equal to that required under section five of article three of this chapter for issuance of a license for the kinds of insurance proposed to be transacted. Such other funds may be provided by the issuance of temporary capital stock in an amount which together with such premiums collected will provide the amount necessary under section five of article three of this chapter, the proceeds of said stock to be invested in the manner provided for the investment of other funds of the insurer. In the event such temporary capital stock shall be issued, the amount of premiums required to be collected prior to licensing shall be not less than $10,000. Out of the net surplus of the insurer the holders of such temporary capital stock may receive a dividend of not more than ten per cent per annum, which may be cumulative. The stock shall not be a liability of the insurer, except that it shall be retired as soon as the surplus of the insurer becomes sufficient to pay it at its par value and leave a surplus not less than the amount of the temporary capital so retired.
WV Code § 33-5-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-9. Mutual Bylaws

(a) The initial board of directors of a domestic mutual insurer shall adopt original bylaws for the government of the corporation and conduct of its business. Such bylaws shall be subject to the approval of a majority of the insurer's members who are present in person or by proxy at the next succeeding annual meeting of members, and no bylaw provision shall thereafter be effective which is not so approved. Bylaws shall be revoked or modified only by vote of a majority of the insurer's members who are present in person or by proxy at a meeting of which notice was given as provided in the bylaws.(b) The bylaws shall provide that each member of the insurer is entitled to one vote in the election of corporate directors and on all matters coming before membership meetings, and that such vote may be exercised in person or by proxy.(c) The insurer shall promptly file with the commissioner a copy, certified by the insurer's secretary, of such bylaws and of every modification thereof or of addition thereto. The commissioner shall disapprove any bylaw provision deemed by him to be unlawful, inadequate, unfair, or detrimental to the proper interests and protection of the insurer's members or any class thereof. The insurer shall not, after receiving written notice of such disapproval and during the existence thereof, effectuate any bylaw provision so disapproved.
WV Code § 33-5-10 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-10. Mutual Quorum

A domestic mutual insurer may in its bylaws adopt a reasonable provision for determining a quorum of members at any meeting thereof. This section shall not affect any other provision of law requiring vote of a larger percentage of members for a specified purpose.
WV Code § 33-5-11 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-11. Mutual Membership

Each holder of one or more insurance policies or contracts issued by a domestic mutual insurer, other than a contract of reinsurance, is a member of the insurer with all the rights and obligations of such membership and each such policy or contract so issued shall so specify. Any person, government or governmental agency, state or political subdivision thereof, public or private corporation, board, association, firm, estate, trustee or fiduciary may be a member of a domestic, foreign, or alien mutual insurer.
WV Code § 33-5-12 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-12. Corporate Rights of Mutual Members

With respect to the management, records, and affairs of the insurer, a member of a domestic mutual insurer shall have the same character of rights and relationship as a stockholder has toward a domestic stock insurer.
WV Code § 33-5-13 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-13. Contingent Liability of Mutual Members

(a) Each member of a domestic mutual insurer shall, except as otherwise hereinafter provided with respect to nonassessable policies, have a contingent liability, pro rata and not one for another, for the discharge of its obligations, which contingent liability shall be in such maximum amount as is stated in the insurer's articles of incorporation.(b) Each policy issued by the insurer shall contain a statement of the contingent liability, if any, of its members.(c) Termination of the policy of any such member shall not relieve the member of contingent liability for his proportion, if any, of the obligations of the insurer which accrued while the policy was in force.(d) Unrealized contingent liability of members does not constitute an asset of the insurer in any determination of its financial condition.
WV Code § 33-5-14 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-14. Enforcement of Contingent Liability

(a) If at any time the assets of a domestic mutual insurer are less than its liabilities and the minimum amount of surplus required of it by this chapter for authority to transact the kinds of insurance being transacted, and the deficiency is not cured from other sources, its directors shall levy an assessment only upon its members who at any time within the twelve months immediately preceding the date notice of such assessment was mailed to them held policies providing for contingent liability, and such members shall be liable to the insurer for the amount so assessed.(b) The assessment shall be for such an amount as is required to cure such deficiency and to provide a reasonable amount of working funds above such minimum amount of surplus, but such working funds so provided shall not exceed five per cent of the insurer's liabilities as of the date as of which the amount of such deficiency was determined.(c) No one policy or member as to such policy shall be assessed or charged with an aggregate of contingent liability as to obligations incurred by the insurer in any one calendar year, in excess of the number of times the premium as stated in the policy as computed solely upon premium earned on such policy during that year.(d) No member shall have an offset against any assessment for which he is liable, on account of any claim for unearned premium or loss payable.(e) As to life insurance, any part of such an assessment upon a member which remains unpaid following notice of assessment, demand for payment, and lapse of a reasonable waiting period as specified in such notice, may, if approved by the commissioner as being in the best interests of the insurer and its members, be secured by placing a lien upon the cash surrender values and accumulated dividends held by the insurer to the credit of such member.
WV Code § 33-5-15 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-15. Mutual Nonassessable Policies

While a domestic mutual insurer maintains the deposits and surplus funds necessary for the kinds of insurance it is transacting, and is otherwise in compliance with this chapter and in a sound condition, it may extinguish the contingent liability of its members as to all its policies in force and may omit provisions imposing contingent liability in all its policies currently issued upon receiving written approval by the commissioner. The commissioner shall revoke the authority of a domestic mutual insurer to issue policies without contingent liability at any time the insurer's assets are less than the sum of its liabilities and the surplus required for such authority, or if the insurer, by resolution of its board of directors approved by a majority of its members, requests that such authority be revoked.
WV Code § 33-5-16 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-16. Participating Policies

(a) If so provided in its articles of incorporation, a domestic stock or domestic mutual insurer may issue any or all of its policies with or without participation in profits, savings, or unabsorbed portions of premiums, may classify policies issued on a participating or nonparticipating basis, and may determine the right to participate and the extent of participation of any class or classes of policies. Any such classification or determination shall be reasonable, and shall not unfairly discriminate as between policyholders within the same such classification. A life insurer may issue both participating and nonparticipating policies only if the right or absence of right to participate is reasonably related to the premium charged.(b) No dividend, otherwise earned, shall be made contingent upon the payment of renewal premium on any policy.
WV Code § 33-5-17 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 5. Organization and Procedures of Domestic Stock and Mutual Insurers|§33-5-17. Dividends to Stockholders

(a) A domestic stock insurer shall not pay any cash dividend to stockholders except out of that part of its available surplus funds which is derived from realized net profits on its business.(b) A stock dividend may be paid out of any available surplus funds in excess of the aggregate amount of surplus loaned to the insurer pursuant to section twenty of this article.(c) A dividend otherwise proper, may be payable out of the insurer's earned surplus even though its total surplus is then less than the aggregate of its past contributed surplus resulting from issuance of its capital stock at a price in excess of the par value thereof.