West Virginia Code § 33-46A-9

Health benefit plans; self-funded plans permitted under certain
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circumstances.
(a) A professional employer organization that sponsors a health benefit plan shall be
considered the employer of all of its covered employees, and all covered employees of one or
more client employers participating in a health benefit plan sponsored by a single
professional employer organization shall be considered employees of that preofessional
employer organization. For purposes of state law, such health benefit plans shall be treated
as a single employer welfare benefit plan. r
(b) If a professional employer organization offers to its covered eumployees any health benefit
plan which is not fully insured by an authorized insurer, the professional employer
organization must comply with the provisions of article thirtty-one of this chapter. The
Insurance Commissioner of West Virginia is authorized to promulgate and adopt rules with
respect to professional employer organizations sponsoring health benefit plans in
accordance with this section.

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