West Virginia Code § 33-25-8

Commissioner to enforce article; approval of contracts, forms and rates;
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reserve fund; membership fee.
(a) It shall be the duty of the commissioner to enforce the provisions of this article.
(b) No such corporation shall deliver or issue for delivery any subscriber's contract, changes
in the terms of such contract, application, rider or endorsement until a copy thereof and the
rates pertaining thereto have been filed with and approved by the commissioner. All such
forms filed with the commissioner shall be deemed approved after the expiration of thirty
days from the date of such filing unless the commissioner shall have disapproved the same,
stating his reasons for such disapproval in writing, except that suuch period may be extended
for an additional period not to exceed fifteen days upon written notice thereof from the
commissioner to the applicant. Such forms may be used priotr to the expiration of such
periods if written approval thereof has been received from the commissioner.
(c) No rates to be charged subscribers shall be used or established by any such corporation
unless and until the same have been filed with the lcommissioner and approved by him The
procedure for such filing and approval shall bse the same as that prescribed in subsection (b)
of this section for the approval of forms. The commissioner shall approve all such rates
which are not excessive, inadequate, or unfairly discriminatory.
(d) The commissioner shall pass upon the actuarial soundness of all direct health care
services plans.
(e) The corporation shall accumulate a fund to be derived from a minimum of two percent of
every subscriber's monthly premium which shall be known as a contingency and liability
reserve fund except that the same shall not exceed an amount equal to three months'
average obligation of said corporation, nor shall it fall below a minimum of one month's
average obligation of said corporation. Said fund shall be expended by the corporation
according to rules and regulations to be promulgated by the commissioner.
In addition to the above requirements, every subscriber shall pay into the corporation a
membership fee equal to one monthly premium. The membership fee shall be collected in
full by said corporation within ninety days of said subscriber's application for membership.
(f) Each such rate filing and each such form filing made with the commissioner pursuant to
this section is subject to the filing fee of section thirty-four, article six of this chapter.

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