West Virginia insurance laws
What West Virginia has enacted on insurance, what each law requires, and what the bills still moving would do. West Virginia is one of 51 states that enacted an insurance law in the 2025 and 2026 sessions.
- Bills in scope
- 175bills in scope
- Past committee
- 24past committee
- Most recent action
- 29 June 2026most recent action
Insurance laws enacted in West Virginia
12 insurance laws enacted in the West Virginia Legislature in the 2025 and 2026 sessions, newest first. Each links to the legislature's own page.
- HB 4089Preservation of hair during chemotherapy. Also known as the “Jessica Huffman Bill”Enacted 29 June 2026
What it requires: Any insurer delivering or issuing a policy, plan, or contract issued or renewed on or after January 1, 2027, that provides coverage for cancer chemotherapy treatment must provide coverage for scalp cooling systems used in connection with cancer chemotherapy treatment as defined by the Centers for Medicare and Medicaid Services. Coverage may be subject to annual deductibles, coinsurance, and copayments as deemed appropriate by the commissioner.
Health coverage and plan regulation
- HB 4965Relating to patient-centered treatment flexibility within the Public Employees Insurance AgencyEnacted 29 June 2026
What it requires: The Public Employees Insurance Agency must provide coverage for alternative covered treatments selected by patients who have received prior authorization for an original treatment, if the alternative treatment is medically appropriate for the same diagnosed condition and does not exceed the allowed cost of the originally authorized treatment. The agency may not require new prior authorization solely because a patient elects an alternative covered treatment meeting these requirements.
Health coverage and plan regulation
What it requires: Every certified HMO must pay an annual tax of two and one-half percent of gross premiums written in the state during each calendar quarter, beginning July 1, 2027. The tax applies uniformly to all certified HMOs except Medicare Advantage plans and certain federal employee health plans.
What it requires: Every insurer issuing or renewing an insurance policy on a structure in West Virginia must include mine subsidence coverage at a separately stated premium unless waived by the insured, except in specified counties where coverage is only provided if requested. The deductible must be between $250 and $500, and total insured value may not exceed $200,000.
Property, catastrophe and climate risk
What it requires: Employers must report injuries to the insurance carrier or claims administrator within five days of receiving employee notice. The Insurance Commissioner, private carriers, and self-insured employers must determine compensability and enter orders granting temporary total disability benefits within 15 working days of receiving injury reports. Employers must provide wage information within 15 days or employees receive benefits at the statewide average weekly wage rate.
Workers' compensation, surety and specialty lines
What it requires: Wellness reimbursement program administrators must obtain a license from the Insurance Commissioner before selling, offering, marketing, promoting, or operating a wellness reimbursement program. Administrators must comply with federal ERISA requirements, maintain records subject to inspection every three years, file a surety bond, and defend employers and employees against claims if the program creates a taxable event. Brokers and administrators cannot use deceptive advertising.
- SB 556Modifying priority of insurance coverage for drivers of certain vehicles provided by entitiesEnacted 25 June 2026
What it requires: Insurers must extend collision, comprehensive, property, and bodily injury coverage to insured individuals operating replacement motor vehicles provided by persons, firms, or corporations engaged in selling, repairing, leasing, or servicing motor vehicles. The insured individual's coverage is primary and the vehicle owner's coverage is secondary, except when the insured is an employee acting within the scope of employment.
Auto insurance
- SB 645Prohibiting surprise billing of ground emergency medical services by nonparticipating providersEnacted 25 June 2026
What it does: This amendment to SB645 reduces a numerical threshold from 400 to 150 in five separate locations throughout the bill regarding surprise billing of ground emergency medical services by nonparticipating providers.
Health coverage and plan regulation
What it requires: An insurance company that is a member of an insurance holding company system must annually file a group capital calculation with the lead state insurance commissioner and file liquidity stress test results if scoped into the NAIC liquidity stress test framework. The ultimate controlling person must file an annual enterprise risk report. Affiliates must maintain records and data belonging to the insurer as the insurer's property subject to the insurer's control.
Licensing, solvency and market conduct
- SB 833Excluding pharmaceutical medication from prior authorization gold card processEnacted 8 August 2025
What it requires: Health maintenance organizations may not require health care practitioners to submit prior authorization for pharmaceutical medications if the practitioner has performed an average of 30 procedures per year and received a 90 percent final prior approval rating during a six-month period, for at least the next six months or longer if the insurer allows.
Health coverage and plan regulation
- HB 2797Relating to who may diagnose post-traumatic stress disorder as a compensable injury or disease under workers compensationEnacted 31 July 2025
Workers' compensation, surety and specialty lines
- HB 3513Relating to standards of liability and insurance requirements in certain civil actionsEnacted 31 July 2025
What it requires: Persons or licensees selling alcoholic beverages are not liable for damages from intoxication unless they knowingly sold to someone underage or visibly intoxicated. Those maintaining at least $1 million per occurrence and $2 million aggregate liquor liability insurance must limit past medical expense verdicts to $1 million and punitive damages to twice compensatory damages.
Insurance in West Virginia, by topic
Health coverage and plan regulation
93 bills, 4 enacted. Enacted in 47 states.
Licensing, solvency and market conduct
39 bills, 1 enacted. Enacted in 47 states.
Workers' compensation, surety and specialty lines
16 bills, 2 enacted. Enacted in 45 states.
Auto insurance
10 bills, 1 enacted. Enacted in 29 states.
Property, catastrophe and climate risk
9 bills, 1 enacted. Enacted in 31 states.
Life insurance and annuities
4 bills. Enacted in 24 states.
AI and data in underwriting and claims
4 bills. Enacted in 12 states.
Insurance bills in West Virginia
The bills not yet law, furthest along first, with what each would do.
12Enacted
12Past committee
151Introduced or inactive
175 bills in scope
Past committee
12
What it would do: Establishes licensing, examination, and conduct requirements for public adjusters in West Virginia, including application procedures, financial responsibility bonds of $20,000 minimum, contract standards with insureds, fee limitations of 10% maximum, and record retention requirements.
What it would do: Amends liability insurance requirements for county boards of education by reducing the minimum coverage from $1,250,000 to $1 million per occurrence and eliminating the requirement for county boards to purchase excess coverage of at least $5 million per occurrence.
What it would do: Prohibits health insurers from denying, limiting, or discriminating in sickness, disability, or long-term care insurance coverage based solely on a person's status as a living organ donor, effective July 1, 2026.
What it would do: Prohibits health insurers from imposing cost-sharing requirements for screening, diagnostic, and supplemental breast examinations, effective January 1, 2027 or July 1, 2027 for public employees, with exceptions for Health Savings Account qualified High Deductible Health Plans.
What it would do: Requires health insurance policies, plans, and contracts issued or renewed on or after January 1, 2026, that provide cancer chemotherapy coverage to also cover scalp cooling systems used to prevent or reduce hair loss during chemotherapy treatment, subject to applicable deductibles and coinsurance.
What it would do: Requires health insurance policies issued by public employees, accident and sickness insurers, hospital service corporations, health care corporations, and health maintenance organizations to cover habilitative and rehabilitative speech therapy for stuttering without annual limits, visit restrictions, or prior authorization, effective July 1, 2025.
What it would do: Requires the Public Employees Insurance Agency to cover doula services for maternity benefits and requires the Department of Human Services to file a state plan amendment to cover doula services under Medicaid as preventive services from conception through 365 days after delivery.
What it would do: Extends a moratorium on the Board of Risk and Insurance Management providing new or additional property or liability insurance coverage to entities where coverage is permissive rather than mandatory until July 1, 2026, while preserving existing coverage and exempting county boards of education and related school entities.
What it would do: Prohibits nonparticipating ground ambulance services from balance billing covered individuals for amounts exceeding copayments and cost-sharing. Requires insurers to pay nonparticipating ambulance providers at 400% of Medicare rates or billed charges, whichever is less, within 30 days of clean claims.
What it would do: Permits health benefit plan sponsors to provide consent on behalf of covered persons to receive plan communications by electronic means, provided the sponsor confirms the person routinely uses electronic communications and the insurer offers an opt-out opportunity.
What it would do: Amends liability insurance requirements for county boards of education by increasing minimum coverage to $1 million per occurrence plus $5 million excess coverage, and requires insurance be obtained from companies licensed to do business in West Virginia.
What it would do: Redirects 10 percent of fire and casualty insurance premium tax revenue from the Teachers Retirement System to the Municipal Pensions Security Fund and reduces from three to two consecutive years the period a municipal pension fund can fail to comply with investment provisions before being required to invest with the state Investment Management Board.
Introduced or inactive
13 of 151 shown
What it would do: Exempts the first $25,000 of cash value from a life insurance policy from being counted in Medicaid eligibility calculations.
What it would do: Amends the fire and casualty insurance premium tax allocation to provide that each volunteer fire company or department receives an equal share of revenues allocated for volunteer and part-volunteer fire companies and departments.
What it would do: Requires the Public Employees Insurance Agency finance board to reinstate the premium rate discount for retired firefighters hired after 2010.
What it would do: Requires the Public Employees Insurance Agency, Medicaid, and various insurers to cover medically necessary treatment for cleft lip and cleft palate in newly born children up to age 19, including oral and facial surgery, prosthetic treatment, orthodontic treatment, and otolaryngology services, effective July 1, 2026.
What it would do: Requires health insurance carriers in West Virginia to cover and reimburse for dietary supplements and nutrition prescriptions recommended by a physician when shown to be beneficial. Directs the Insurance Commission to create and annually update an approved list of covered dietary supplements and nutrition prescriptions.
What it would do: Creates a long-term services and supports trust program funded by a 0.58% payroll premium on employees working at least 10% full-time, beginning January 1, 2029, providing eligible beneficiaries up to 365 daily benefit units of up to $100 for approved long-term care services.
What it would do: Grants the Insurance Commissioner authority to examine, regulate, and enforce compliance with PEIA regulations by pharmacy benefit managers, including civil penalties and license suspension or revocation for violations. Establishes a special investigation unit within PEIA to investigate fraud and illegal activities.
What it would do: Repeals West Virginia Code section 33-6-31d, which relates to optional limits of uninsured and underinsured motor vehicle coverage.
What it would do: Increases minimum motor vehicle liability insurance coverage requirements effective January 1, 2027 to $100,000 per person, $300,000 per accident for bodily injury or death, and $100,000 for property damage, while allowing policies in effect on December 31, 2026 to continue at prior limits until expiration or renewal.
What it would do: Prohibits insurers from refusing to underwrite, canceling, or increasing premiums based on credit history for passenger motor vehicle, residential property, or personal insurance policies, and prohibits rating or requiring payment plans based on credit history.
What it would do: Requires insurers to pay clean claims for covered ground ambulance services from nonparticipating emergency medical services agencies directly to the agency within 30 days, and prohibits payment to the covered individual.
What it would do: Amends disability benefits for West Virginia State Troopers with permanent total disability from line-of-duty injuries to include seniority-based pay increases they would have received had they not been injured.
Showing the 25 furthest along of 163. Subscribers see all of them, filtered and searchable. Bill titles link to the West Virginia Legislature's own page.
What counts as insurance legislation
In scope: Health coverage and plan regulation; auto; property and catastrophe; life and annuities; aI and data in underwriting; workers' compensation and specialty lines; and licensing, solvency and market conduct.
Questions
Does West Virginia have an insurance law?
Yes. West Virginia enacted 12 insurance laws in the 2025 and 2026 sessions, among them HB 4089, HB 4965 and HB 5459. Each is listed on this page with what it requires.
Which insurance bills are moving in West Virginia?
12 bills not yet law have passed a committee or a chamber, the furthest along HB 5521 (passed chamber), HB 5463 (passed chamber) and SB 954 (passed chamber).
What does West Virginia legislate on most in insurance?
Health coverage and plan regulation (93 bills), Licensing, solvency and market conduct (39 bills) and Workers' compensation, surety and specialty lines (16 bills).
Are these summaries reviewed by a lawyer?
No. Which bills count as Insurance bills, and the line on what each law requires or each bill would do, are drafted by software from the bill's own text and not reviewed by an attorney. Every bill links to the legislature's own record: read the text before relying on it. The list covers bills from the 2025 and 2026 sessions.
Other practice areas in West Virginia
- AI in West Virginia14
- Alcohol in West Virginia48
- Cannabis in West Virginia37
- Children's Online Safety in West Virginia9
- Cybersecurity in West Virginia9
- Data center and energy in West Virginia22
- Data Privacy in West Virginia20
- Employment in West Virginia113
- Healthcare in West Virginia199
- Intellectual Property in West Virginia7
- Packaging and PFAS in West Virginia2
- Payments and fintech in West Virginia13
- Rental housing in West Virginia14
- Tobacco and nicotine in West Virginia31
- Transportation in West Virginia14
- All jurisdictions
Insurance legislation in other jurisdictions
52 more currently hold bills in this tracker
- New Jersey539
- New York481
- Texas314
- Massachusetts246
- Connecticut230
- Louisiana214
- Maryland208
- Missouri197
- Hawaii190
- Rhode Island188
- Mississippi187
- Florida185
- Illinois174
- Virginia158
- Montana155
- Oklahoma152
- Pennsylvania152
- California146
- Michigan137
- Iowa127
- Georgia112
- Kentucky109
- Tennessee99
- Indiana93
- Arizona91
- South Carolina86
- North Carolina80
- Minnesota78
- Oregon74
- Ohio70
- Utah70
- Arkansas68
- Washington67
- Kansas66
- Maine66
- New Hampshire63
- Nebraska60
- New Mexico59
- Colorado56
- Nevada54
- Congress48
- Wisconsin48
- Idaho47
- Alaska38
- Alabama32
- Delaware30
- North Dakota29
- Vermont29
- South Dakota21
- District of Columbia8
- Puerto Rico6
- Wyoming4
Know when West Virginia's insurance law changes
An alert when a bill moves, and one report a month on what changed in every state and Congress.