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WV Code § 33-46A-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 46A. Professional Employer Organizations|§33-46A-6. Requirements for Provisions of Peo Agreements

(a) Each professional employer agreement shall, at a minimum, allocate the responsibility to:(1) Arrange for the payment of wages to covered employees;(2) Withhold, collect, report and remit payroll-related and unemployment taxes;(3) Make payments for employee benefits on behalf of covered employees; and(4) Provide for mandatory workers' compensation coverage.(b) Each professional employer agreement shall provide that the client-employer shall retain the right to hire, discipline, and terminate a covered employee: Provided, That every professional employment agreement may provide that the PEO has the right to terminate the professional employment agreement if a client-employer refuses without good cause a request from the PEO that the client-employer discipline or terminate a covered employee as may be necessary to fulfill the PEO's responsibilities under this article and the professional employer agreement.(c) Except as otherwise provided by law:(1) A client-employer is solely responsible for the quality, adequacy or safety of the goods or services produced or sold in client-employer's business;(2) A client-employer is solely responsible for directing, supervising, training and controlling the work of a covered employee, and is solely responsible for the acts, errors or omissions of a covered employee, when the covered employee is engaged in the business activities of the client-employer;(3) A PEO is not liable for the acts, errors or omissions of a client-employer or of a covered employee of the client-employer when the covered employee is acting under the express direction and control of the client-employer.(d) Within twenty days of its execution, every professional services agreement shall be filed with the commissioner. Such agreements are confidential by law and privileged, are not subject to the provisions of chapter twenty-nine-b of this code, and are not open to public inspection.(e) A covered employee is not, solely as the result of being a covered employee, an employee of the PEO for purposes of general liability insurance, fidelity bonds, surety bonds, wage bonds or liquor liability insurance carried by the PEO, unless the covered employee is included by specific reference in the professional employer agreement and applicable prearranged employment contract, insurance contract or bond.
WV Code § 33-46A-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 46A. Professional Employer Organizations|§33-46A-9. Health Benefit Plans; Self-Funded Plans Permitted Under Certain Circumstances

(a) A professional employer organization that sponsors a health benefit plan shall be considered the employer of all of its covered employees, and all covered employees of one or more client employers participating in a health benefit plan sponsored by a single professional employer organization shall be considered employees of that professional employer organization. For purposes of state law, such health benefit plans shall be treated as a single employer welfare benefit plan.(b) If a professional employer organization offers to its covered employees any health benefit plan which is not fully insured by an authorized insurer, the professional employer organization must comply with the provisions of article thirty-one of this chapter. The Insurance Commissioner of West Virginia is authorized to promulgate and adopt rules with respect to professional employer organizations sponsoring health benefit plans in accordance with this section.
WV Code § 33-46A-10 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 46A. Professional Employer Organizations|§33-46A-10. Rule-Making Authority; Fees

(a) In addition to the authority to propose rules as provided in section seven of this article, the commissioner may propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code, to implement the provisions of this article, including but not limited to:(1) Requirements for the issuance and renewal of licenses;(2) Requirements for denying, suspending, revoking, reinstating or limiting the practice of a licensee;(3) Requirements for activating inactive or revoked licenses;(4) Special financial and other licensing requirements for small, start-up PEOs; and(5) A schedule of fees.(b) The commissioner may promulgate emergency rules pursuant to the provisions of section fifteen, article three, chapter twenty-nine-a of this code, for any purposes set forth for legislative rules in subsection (a) of this section.
WV Code § 33-47-1 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-1. Purposes

Pursuant to terms and conditions of this article, the State of West Virginia seeks to join with other states and establish the interstate insurance product regulation compact and thus become a member of the interstate insurance product regulation commission. The Insurance Commissioner is hereby designated to serve as the representative of this state to the commission.The purposes of this compact are, through means of joint and cooperative action among the compacting states:(1) To promote and protect the interest of consumers of individual and group annuity, life insurance, disability income and long-term care insurance products;(2) To develop uniform standards for insurance products covered under the compact;(3) To establish a central clearinghouse to receive and provide prompt review of insurance products covered under the compact and, in certain cases, advertisements related thereto, submitted by insurers authorized to do business in one or more compacting states;(4) To give appropriate regulatory approval to those product filings and advertisements satisfying the applicable uniform standard;(5) To improve coordination of regulatory resources and expertise between state insurance departments regarding the setting of uniform standards and review of insurance products covered under the compact;(6) To create the interstate insurance product regulation commission; and(7) To perform these and such other related functions as may be consistent with the state regulation of the business of insurance.
WV Code § 33-47-2 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-2. Definitions

For purposes of this compact:(a) "Advertisement" means any material designed to create public interest in a product, or induce the public to purchase, increase, modify, reinstate, borrow on, surrender, replace or retain a policy as more specifically defined in the rules and operating procedures of the commission.(b) "Bylaws" mean those bylaws established by the commission for its governance or for directing or controlling the commission's actions or conduct.(c) "Compacting state" means any state which has enacted this compact legislation and which has not withdrawn pursuant to subsection (a), section fourteen of this article or been terminated pursuant to subsection (b) of said section.(d) "Commission" means the "interstate insurance product regulation commission" established by this compact.(e) "Commissioner" means the Insurance Commissioner of the State of West Virginia.(f) "Domiciliary state" means the state in which an insurer is incorporated or organized; or, in the case of an alien insurer, its state of entry.(g) "Insurer" means any entity licensed by a state to issue contracts of insurance for any of the lines of insurance covered by this article.(h) "Member" means the person chosen by a compacting state as its representative to the commission or his or her designee.(i) "Noncompacting state" means any state which is not at the time a compacting state.(j) "Operating procedures" mean procedures promulgated by the commission implementing a rule, uniform standard or a provision of this compact.(k) "Product" means the form of a policy or contract, including any application, endorsement or related form which is attached to and made a part of the policy or contract and any evidence of coverage or certificate, for an individual or group annuity, life insurance, disability income or long-term care insurance product that an insurer is authorized to issue.(l) "Rule" means a statement of general or particular applicability and future effect promulgated by the commission, including a uniform standard developed pursuant to section seven of this article, designed to implement, interpret or prescribe law or policy or describing the organization, procedure or practice requirements of the commission, which shall have the force and effect of law in the compacting states.(m) "State" means any state, district or territory of the United States of America.(n) "Third-party filer" means an entity that submits a product filing to the commission on behalf of an insurer.(o) "Uniform standard" means a standard adopted by the commission for a product line, pursuant to section seven of this article and shall include all of the product requirements in aggregate: Provided, That each uniform standard shall be construed, whether express or implied, to prohibit the use of any inconsistent, misleading or ambiguous provisions in a product and the form of the product made available to the public shall not be unfair, inequitable or against public policy as determined by the commission.
WV Code § 33-47-3 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-3. Establishment of the Commission and Venue

(a) The compacting states hereby create and establish a joint public agency known as the "Interstate Insurance Product Regulation Commission." Pursuant to section four of this article, the commission will have the power to develop uniform standards for product lines, receive and provide prompt review of products filed therewith and give approval to those product filings satisfying applicable uniform standards: Provided, That it is not intended for the commission to be the exclusive entity for receipt and review of insurance product filings. Nothing herein shall prohibit any insurer from filing its product in any state wherein the insurer is licensed to conduct the business of insurance; and any such filing shall be subject to the laws of the state where filed.(b) The commission is a body corporate and politic and an instrumentality of the compacting states.(c) The commission is solely responsible for its liabilities except as otherwise specifically provided in this article.(d) Venue is proper and judicial proceedings by or against the commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located.
WV Code § 33-47-6 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-6. Meetings and Acts of the Commission

(a) The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws.(b) Each member of the commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the commission. A member shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for members' participation in meetings by telephone or other means of communication.(c) The commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
WV Code § 33-47-9 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-9. Dispute Resolution

The commission shall attempt, upon the request of a member, to resolve any disputes or other issues that are subject to this compact and which may arise between two or more compacting states, or between compacting states and noncompacting states, and the commission shall promulgate an operating procedure providing for resolution of such disputes.
WV Code § 33-47-10 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-10. Product Filing and Approval

(a) Insurers and third-party filers seeking to have a product approved by the commission shall file the product with, and pay applicable filing fees to, the commission. Nothing in this article shall be construed to restrict or otherwise prevent an insurer from filing its product with the insurance department in any state wherein the insurer is licensed to conduct the business of insurance, and such filing shall be subject to the laws of the states where filed.(b) The commission shall establish appropriate filing and review processes and procedures pursuant to commission rules and operating procedures. Notwithstanding any provision herein to the contrary, the commission shall promulgate rules to establish conditions and procedures under which the commission will provide public access to product filing information. In establishing such rules, the commission shall consider the interests of the public in having access to such information, as well as protection of personal, medical and financial information and trade secrets, that may be contained in a product filing or supporting information.(c) Any product approved by the commission may be sold or otherwise issued in those compacting states for which the insurer is legally authorized to do business.
WV Code § 33-47-11 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-11. Review of Commission Decisions Regarding Filings

(a) Not later than thirty days after the commission has given notice of a disapproved product or advertisement filed with the commission, the insurer or third-party filer whose filing was disapproved may appeal the determination to a review panel appointed by the commission. The commission shall promulgate rules to establish procedures for appointing such review panels and provide for notice and hearing. An allegation that the commission, in disapproving a product or advertisement filed with the commission, acted arbitrarily, capriciously, or in a manner that is an abuse of discretion or otherwise not in accordance with the law, is subject to judicial review in accordance with subsection (d), section three of this article.(b) The commission shall have authority to monitor, review and reconsider products and advertisements subsequent to their filing or approval upon a finding that the product does not meet the relevant uniform standard. Where appropriate, the commission may withdraw or modify its approval after proper notice and hearing, subject to the appeal process in subsection (a) of this section.
WV Code § 33-47-12 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-12. Finance

(a) The commission shall pay or provide for the payment of the reasonable expenses of its establishment and organization. To fund the cost of its initial operations, the commission may accept contributions and other forms of funding from the national association of Insurance Commissioners, compacting states and other sources. Contributions and other forms of funding from other sources shall be of such a nature that the independence of the commission concerning the performance of its duties shall not be compromised.(b) The commission shall collect a filing fee from each insurer and third party filer filing a product with the commission to cover the cost of the operations and activities of the commission and its staff in a total amount sufficient to cover the commission's annual budget.(c) The commission's budget for a fiscal year shall not be approved until it has been subject to notice and comment as set forth in section seven of this article.(d) The commission shall be exempt from all taxation in and by the compacting states.(e) The commission shall not pledge the credit of any compacting state, except by and with the appropriate legal authority of that compacting state.(f) The commission shall keep complete and accurate accounts of all its internal receipts, including grants and donations, and disbursements of all funds under its control. The internal financial accounts of the commission shall be subject to the accounting procedures established under its bylaws. The financial accounts and reports including the system of internal controls and procedures of the commission shall be audited annually by an independent certified public accountant. Upon the determination of the commission, but no less frequently than every three years, the review of the independent Auditor shall include a management and performance audit of the commission. The commission shall make an annual report to the Governor and Legislature of the compacting states, which shall include a report of the independent audit. The commission's internal accounts shall not be confidential and such materials may be shared with the commissioner of any compacting state upon request: Provided, That any work papers related to any internal or independent audit and any information regarding the privacy of individuals and insurers' proprietary information, including trade secrets, shall remain confidential.(g) No compacting state shall have any claim to or ownership of any property held by or vested in the commission or to any commission funds held pursuant to the provisions of this compact.
WV Code § 33-47-13 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-13. Compacting States, Effective Date and Amendment

(a) Any state is eligible to become a compacting state.(b) The compact shall become effective and binding upon legislative enactment of the compact into law by two compacting states: Provided, That the commission shall become effective for purposes of adopting uniform standards for, reviewing and giving approval or disapproval of, products filed with the commission that satisfy applicable uniform standards only after twenty-six states are compacting states or, alternatively, by states representing greater than forty percent of the premium volume for life insurance, annuity, disability income and long-term care insurance products, based on records of the national association of Insurance Commissioners for the prior year. Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state.(c) Amendments to the compact may be proposed by the commission for enactment by the compacting states. No amendment shall become effective and binding upon the commission and the compacting states unless and until all compacting states enact the amendment into law.
WV Code § 33-47-15 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-15. Severability and Construction

(a) The provisions of this compact shall be severable; and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.(b) The provisions of this compact shall be liberally construed to effectuate its purposes.
WV Code § 33-47-16 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-16. Binding Effect of Compact and Other Laws

(a) Other laws. --(1) Nothing herein prevents the enforcement of any other law of a compacting state, except as provided in subdivision (2) of this subsection.(2) For any product approved or certified to the commission, the rules, uniform standards and any other requirements of the commission shall constitute the exclusive provisions applicable to the content, approval and certification of such products. For advertisements that are subject to the commission's authority, any rule, uniform standard or other requirement of the commission which governs the content of the advertisements shall constitute the exclusive provision that a commissioner may apply to the content of the advertisement. Notwithstanding the foregoing, no action taken by the commission shall abrogate or restrict: (i) The access of any person to state courts; (ii) remedies available under state law related to breach of contract, tort or other laws not specifically directed to the content of the product; (iii) state law relating to the construction of insurance contracts; or (iv) the authority of the Attorney General of the state, including, but not limited to, maintaining any actions or proceedings, as authorized by law.(3) All insurance products filed with individual states shall be subject to the laws of those states.(b) Binding effect of this compact. --(1) All lawful actions of the commission, including all rules and operating procedures promulgated by the commission, are binding upon the compacting states.(2) All agreements between the commission and the compacting states are binding in accordance with their terms.(3) Upon the request of a party to a conflict over the meaning or interpretation of commission actions and upon a majority vote of the compacting states, the commission may issue advisory opinions regarding the meaning or interpretation in dispute.(4) In the event any provision of this compact exceeds the Constitutional limits imposed on the Legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by that provision upon the commission shall be ineffective as to that compacting state and those obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which those obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.
WV Code § 33-47-17 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 47. Interstate Insurance Product Regulation Compact|§33-47-17. Filing of Rules by the Insurance Commissioner

The Insurance Commissioner shall, pursuant to the provisions of section four, article three, chapter twenty-nine-a of this code, file in the state register any rules or uniform standards which have been adopted by the commission and have become effective in this state.
WV Code § 33-48-5 (2021)
2021 West Virginia Code|Chapter 33. Insurance|Article 48. Model Health Plan for Uninsurable Individuals Act|§33-48-5. Unfair Referral to Plan

It shall constitute an unfair trade practice for the purposes of article eleven of this chapter for an insurer, insurance agent or insurance broker to refer an individual employee to the plan, or arrange for an individual employee to apply to the plan, for the purpose of separating that employee from group health insurance coverage provided in connection with the employee's employment.