West Virginia Code § 33-15-2e

Discontinuation of particular type of coverage; uniform termination of
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all coverage; uniform modification of coverage.
(a) An insurer may discontinue offering a particular type of accident and sickness insurance
coverage in the individual market only if:
(1) The insurer provides written notice to each individual provided this type of coverage at
least ninety days prior to the date of the discontinuation of coverage;
(2) The insurer offers to each individual in the individual market provided this type of
coverage the option to purchase any other type of individual accuident and sickness insurance
policy currently offered by that insurer; and
(3) The insurer acts uniformly without regard to any health status-related factor of enrolled
individuals or individuals who may become eligible fora coverage.
(b) An insurer may discontinue offering all individulal accident and sickness insurance
coverage in the individual market offered in this state only if:
(1) The insurer provides written notice to the Insurance Commissioner and to each insured
of the discontinuation at least one hundred eighty days prior to the expiration of coverage;
and
(2) All accident and sickness insurance policies issued or delivered for issuance in this state
in the individual market are discontinued and coverage under the policies in the individual
market is not renewed.
(c) In the case of disc ontinuation under subsection (b) of this section, the insurer may not
provide for the issuance of any accident and sickness insurance coverage in the individual
market and state during the five-year period beginning on the date of the discontinuation of
the last accident and sickness insurance coverage not so renewed.
(d) At the time of renewal, an insurer may modify coverage under an accident and sickness
policy only if the modification is consistent with the provisions of this article and article
twenty-eight of this chapter and is effective on a uniform basis among all individuals with
that policy form. For individuals who are eligible for Medicare at the time of renewal, the
insurer may modify coverage to reduce benefits by an amount no more than that paid by
Medicare.
(e) This section applies to individual accident and sickness insurance coverage offered, sold,
issued, renewed or in effect after June 30, 1997.

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