2020 West Virginia Code
Chapter 33. Insurance
Article 24. Hospital Service Corporations, Medical Service Corporations, Dental Service Corporations and Health Service Corporations
§33-24-4. Exemptions; Applicability of Insurance Laws
(a) Every corporation defined in 33-24-2 of this code is hereby declared to be a scientific, nonprofit institution and exempt from the payment of all property and other taxes. Every corporation, to the same extent the provisions are applicable to insurers transacting similar kinds of insurance and not inconsistent with the provisions of this article, shall be governed by and be subject to the provisions as herein below indicated, of the following articles of this chapter: 33-2-1 et seq. of this code (Insurance Commissioner); 33-4-1 et seq. of this code (general provisions), except that 33-4-16 of this code may not be applicable thereto; 33-5-20 of this code (borrowing by insurers); 33-6-34 of this code (fee for form, rate and rule filing); 33-6C-1 et seq. of this code (guaranteed loss ratios as applied to individual sickness and accident insurance policies); 33-7-1 et seq. of this code (assets and liabilities); 33-8A-1 et seq. of this code (use of clearing corporations and Federal Reserve book-entry system); 33-11-1 et seq. of this code (unfair trade practices); 33-12-1 et seq. of this code (insurance producers and solicitors), except that the agents license fee shall be $25; 33-15-2a of this code (definitions); 33-15-2b of this code (guaranteed issue; limitation of coverage; election; denial of coverage; network plans); 33-15-2d of this code (exceptions to guaranteed renewability); 33-15-2e of this code (discontinuation of particular type of coverage; uniform termination of all coverage; uniform modification of coverage); 33-15-2f of this code (certification of creditable coverage); 33-15-2g (applicability); 33-15-4e of this code (benefits for mothers and newborns); 33-15-14 of this code (policies discriminating among health care providers); 33-15-16 of this code (policies not to exclude insureds children from coverage; required services; coordination with other insurance); 33-15-18 of this code (equal treatment of state agency); 33-15-19 of this code (coordination of benefits with Medicaid); 33-15A-1 et seq. of this code (West Virginia Long-Term Care Insurance Act); 33-15C-1 et seq. of this code (diabetes insurance); 33-16-3 of this code (required policy provisions); 33-16-3a of this code (same - mental health); 33-16-3d of this code (Medicare supplement insurance); 33-16-3f of this code (required policy provisions - treatment of temporomandibular joint disorder and craniomandibular disorder); 33-16-3j of this code (hospital benefits for mothers and newborns); 33-16-3k of this code (limitations on preexisting condition exclusions for health benefit plans); 33-16-3l of this code (renewability and modification of health benefit plans); 33-16-3m of this code (creditable coverage); 33-16-3n of this code (eligibility for enrollment); 33-16-11 of this code (group policies not to exclude insureds children from coverage; required services; coordination with other insurance); 33-16-13 of this code (equal treatment of state agency); 33-16-14 of this code (coordination of benefits with Medicaid); 33-16-16 of this code (insurance for diabetics); 33-16A-1 et seq. of this code (group health insurance conversion); 33-16C-1 et seq. of this code (employer group accident and sickness insurance policies); 33-16D-1 et seq. of this code (marketing and rate practices for small employer accident and sickness insurance policies); 33-26A-1 et seq. of this code (West Virginia Life and Health Insurance Guaranty Association Act), after October 1, 1991, 33-27-1 et seq. of this code (insurance holding company systems); 33-28-1 et seq. of this code (individual accident and sickness insurance minimum standards); 33-33-1 et seq. of this code (annual audited financial report); 33-34-1 et seq. of this code (administrative supervision); 33-34A-1 et seq. of this code (standards and commissioners authority for companies considered to be in hazardous financial condition); 33-35-1 et seq. of this code (criminal sanctions for failure to report impairment); 33-37-1 et seq. of this code (managing general agents); 33-40A-1 et seq. of this code (risk-based capital for health organizations); and 33-41-1 et seq. of this code (Insurance Fraud Prevention Act) and no other provision of this chapter may apply to these corporations unless specifically made applicable by the provisions of this article. If, however, the corporation is converted into a corporation organized for a pecuniary profit or if it transacts business without having obtained a license as required by 33-24-5 of this code, it shall thereupon forfeit its right to these exemptions.
(b) Every corporation subject to this article shall comply with mental health parity requirements in this chapter.
