West Virginia Code § 33-2-24

Authority of Insurance Commissioner to enforce No Surprises Act;
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administrative penalties; injunctive relief; regulatory assistance of other agencies;
rulemaking; effective date.
(a) The Insurance Commissioner shall enforce the applicable provisions of the No Surprises
Act (H.R. 133, Public Law 116-260) against health insurers, medical providers, and health
care facilities. e
(b) Whenever the Insurance Commissioner believes, from evidence satisfactory to him or
her, that any insurer, medical provider, or health care facility is violating the applicable
provisions of the No Surprises Act, the Commissioner may assesus a fine, not to exceed
$10,000 per violation, after notice and hearing pursuant to §33-2-13 of this code. In addition
to the administrative penalty available in this subsection, thet Insurance Commissioner may
cause a complaint to be filed in the appropriate court of this state seeking to enjoin and
restrain the insurer, medical provider, or health care facility from continuing the violation or
engaging therein or doing any act in furtherance thereof.
(c) The Insurance Commissioner may, at his osr her discretion, seek assistance from any
other state government agency regarding regulatory enforcement of this section against
medical providers or health care facilities. The Insurance Commissioner may also call upon
the Attorney General for legal assistgance and representation as provided by law.
(d) The Insurance Commissioner may propose rules for legislative approval in accordance
with §29A-3-1 et seq. of this code to effectuate the provisions of this section.
(e) The provisions of this section shall become effective January 1, 2022.

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