REGULATORY ACTIVITY:

• Published notice of the workers' compensation daily benefit rate computation sheet effective July 1, 2019 through June 30, 2020.  The new effective state average weekly wage effective July 1, 2019 is $865.11 for maximum and $193.33 for minimum.  To view the notice regarding benefits effective July 1, 2019, go to https://www.wvinsurance.gov/Workers-Compensation.

REGULATORY ACTIVITY:

• Published Information Letter Number 203 providing a summary of the 2019 legislation affecting insurance.  To view the letter, go to https://www.wvinsurance.gov/Resources/Informational-Letters.

REGULATORY ACTIVITY:

• The West Virginia Offices of the Insurance Commissioner and the International Workers’ Compensation Foundation are jointly sponsoring an educational conference, which is unique in West Virginia.  The goal of this conference is to educate those who participate in West Virginia’s workers’ compensation system regarding current rules, procedures, policies and forms and to provide an opportunity for dialogue among these participants. Breakout sessions will be utilized to discuss certain topics in specific detail for a more specialized view, while other topics will be presented from a more general perspective. To view additional information, go to https://www.wvinsurance.gov/Portals/0/pdf/wc/Brochure%20WV19FF.pdf?ver=2019-03-20-085248-250.

LEGISLATIVE ACTIONS:

• Senate Bill 531

The enacted legislation amends and reenacts §23-5-7 of the Code of West Virginia, 1931, as amended, relating to compromise and settlement of certain workers’ compensation claims; and providing that occupational hearing loss and hearing impairment claims are not orthopedic occupational disease claims for the purpose of the requirement that a claimant be represented by counsel in a settlement for medical benefits.  Effective Date June 4, 2019.

REGULATORY ACTIVITY:

• The State Travel Management Office of the West Virginia Department of Administration’s Purchasing Division has announced that effective January 1, 2019, the state mileage reimbursement rate has increased to 58.0 cents per mile. Accordingly, the West Virginia Offices of the Insurance Commissioner is issuing this Notice to advise all private carriers, self-insured employers, and third-party administrators responsible for the administration of workers’ compensation claims in West Virginia that the rate of reimbursement to claimants for mileage driven under the provisions of West Virginia Code § 23-4-8(d) and (e) is also adjusted to 58.0 cents per mile, effective January 1, 2019.

REGULATORY ACTIVITY:

• Issued Information Letter 201 in November of 2018. The letter is in regards to letters of exemption from workers' compensation insurance coverage. To view the letter, go to http://www.wvinsurance.gov/Resources/Informational-Letters.
• Published the 2019 Workers' Compensation Benefits Calendar.  To view the calendar, go to https://www.wvinsurance.gov/Workers-Compensation.

REGULATORY ACTIVITY:

• Published the Assigned Risk Rates by Class that become effective November 2018. West Virginia employers are under a statutory obligation to maintain workers’ compensation insurance.  Generally, employers in West Virginia can purchase workers’ compensation coverage through one of over 270 insurance companies that are currently providing workers’ compensation insurance to West Virginia employers.    However, if an employer is unable to obtain workers’ compensation coverage through the voluntary market they can obtain coverage through the Residual Market, also known as the “Assigned Risk Plan” (the “Plan”).  The Assigned Risk Plan provides West Virginia employers with a means for obtaining workers’ compensation coverage when it cannot be obtained in the voluntary insurance market.  To view the Assigned Risk Rates effective November 1, go to http://www.wvinsurance.gov/Workers-Compensation. 
• Published the Workers' compensation Loss Cost Effective November 1, 2018.  The workers’ compensation class advisory loss costs are actuarially determined by the National Council on Compensation Insurance, Inc. (NCCI), West Virginia’s statistical rating agent. The loss costs will become effective November 1, 2018 for all classifications.  Advisory Loss Costs do not include a carrier’s Loss Cost Multiplier (LCM), which is a factor that increases the loss costs to recover administrative expenses and business operations. The final rate will be the class loss cost multiplied by the carrier loss cost multiplier.  Payroll fluctuations and allocations, classification assignments, experience rating modifications, credit/debit programs and additional policy endorsements will all contribute to the final written premium due for each policy. These factors, as well as all surcharges, are not reflected in the loss cost amounts. The per capita classes (0908 and 0913) show a loss cost based on the number of employees reported for those classes rather than the payroll reported. Example: An employer reports 3 domestic workers for class 0913. The annual premium (not including the LCM and other policy components) would be calculated as follows: 3 X $182.00 = $546.00 annual written premium.  To view Workers' Compensation Loss Cost effective November 1, go to http://www.wvinsurance.gov/Workers-Compensation.

LEGISLATIVE ACTIONS:

• House Bill 4628

The enacted legislation amends and reenacts Section 23-2C-3 of the Code of West Virginia, 1931. The amendment relates to authorizing the redirection of amounts collected from certain surcharges and assessments on workers’ compensation insurance policies for periods prior to January 1, 2019.  It terminates the surcharges and assessments after December 31, 2018 and terminates the provisions of the section beginning on and after January 1, 2019.  Effective Date June 7, 2018.

• Senate Bill 46

The enacted legislation amends the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-51-9, relating to pharmacy benefit managers; providing that a pharmacy, pharmacist, or pharmacy technician may inform consumers of lower cost alternatives and cost share to assist health care consumers in making informed decisions; prohibiting pharmacy  benefit  managers  from  penalizing  a  pharmacy,  pharmacist,  or  pharmacy technician for discussing certain information with consumers; prohibiting pharmacy benefit managers  from  collecting  cost  shares  exceeding  the  total  submitted  charges  by  a pharmacy, pharmacist, or pharmacy technician; setting forth limitations on pharmacy benefit  managers  when  charging  certain  adjudicated  claim  fees  to  a  pharmacy, pharmacist, or pharmacy technician; and excluding an employee benefit plan under the Employee Retirement Income Security Act of 1974 or Medicare Part D from this code section. Effective Date June 8, 2018.

REGULATORY ACTIVITY:

• Reminder West Virginia has published benefit rates for fiscal year 2019 effective from July 1, 2018 through June 30, 2019.

REGULATORY ACTIVITY:

• Published benefit rates for Fiscal Year 2019.  The state wide average weekly wage effective July 1, 2018 is $823.14. To view the benefit rates for FY 2019, go to http://www.wvinsurance.gov/Workers-Compensation.
• Published Information Letter 200 regarding legislation enacted during the 2018 legislative session.  The letter contains information on all insurance matters.  To view the letter, go to http://www.wvinsurance.gov/Resources/Informational-Letters.

LEGISLATIVE ACTIONS:

House Bill 82

The enacted legislation amends and reenacts §23-4-1 of the Code of West Virginia, 1931, as amended, relating to whom Workers’ Compensation Fund is disbursed; including rebuttable presumptions for certain injuries and diseases for professional firefighters; setting eligibility criteria for rebuttable presumptions; setting expiration of rebuttable presumption regarding leukemia, lymphoma, or multiple myeloma arising out of, and in the course of, employment as a firefighter on July 1, 2023, absent legislative action to the contrary; and eliminating outdated and obsolete language.  Effective Date June 7, 2018.