(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.
(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 assess 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, the 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 or 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 assistance 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.
Structure West Virginia Code
Article 2. Insurance Commissioner
§33-2-1. Office Continued; Appointment, Qualifications and Term
§33-2-2. Compensation and Expenses of Commissioner and Employees; Location of Office
§33-2-3. Duties of the Commissioner; Employment of Legal Counsel
§33-2-3a. Administrative Investigations
§33-2-4. Authority to Take Depositions, Subpoena Witnesses, etc.
§33-2-6. Service of Subpoena; Compelling Compliance
§33-2-8. Insured to Produce Records Upon Request
§33-2-9. Examination of Insurers, Agents, Brokers and Solicitors; Access to Books, Records, etc.
§33-2-9a. Imposing a One-Time Assessment on All Insurance Carriers
§33-2-10. Rules and Regulations
§33-2-10a. Insurance Emergencies -- Suspension of Deadlines
§33-2-11. Enforcement of Orders; Revocation of Licenses; Court Action
§33-2-15. Annual Report by Commissioner
§33-2-15a. Annual Flood Insurance Communication to Public Entities by Commissioner
§33-2-15b. Reports to the Legislature
§33-2-15c. Reports to the Legislature
§33-2-15d. Report to the Legislature
§33-2-17. Office of Consumer Advocacy
§33-2-19. Confidentiality of Information
§33-2-21a. State Agency Workers' Compensation Programs
§33-2-23. Transfer of Assets of the State Office of the National Flood Insurance Program