West Virginia Code of State Rules Agency 115 - Risk And Insurance Management
Here is a detailed overview of West Virginia Code of State Rules, Agency 115 – Risk and Insurance Management (Title 115):
📘 Title 115 – Legislative Rules: State Board of Risk & Insurance Management
Agency 115 governs state-run insurance programs, including mine subsidence coverage, public entity risk, medical liability funds, and claims procedures.
🗂️ Series Breakdown (per Justia)
115‑01 – Mine Subsidence Insurance
Manages the State’s mine subsidence fund, reinsurance agreements, and claim handling protocols—e.g., insurance companies must forward claims to BRIM, which reimburses approved payments (regulations.justia.com, law.cornell.edu).
115‑02 – Public Entities Insurance Program
Establishes coverage and risk management for local governments and public entities—authorized via WV legislation in 2020 (regulations.justia.com, wvlegislature.gov).
115‑03 – Administrative Regulations
Contains internal administrative rules for the State Board of Risk & Insurance Management (BRIM).
115‑04 – Discontinuation of Professional Malpractice Insurance
Originally authorized liability coverage for public sector professionals; repealed in 2021 by SB 296 due to obsolescence (regulations.justia.com, wvlegislature.gov).
115‑05 – Written Notification of Potential Liability Claims
Procedure requiring state notification of claims; repealed earlier but generally reinstated in modern codes (regulations.justia.com).
115‑06 – Preferred & High-Risk Medical Liability Programs
Addresses coverage options and qualifications for medical liability risks involving public entities.
115‑07 – Patient Injury Compensation Fund
115‑08 – Administrative Appeal Hearing Rules (Patient Fund)
115‑09 – Procurement
Governs BRIM’s purchasing process—including bids, vendor selection, and contracting.
115‑10 – Written Notification of Claims (Current)
Updates procedures to ensure timely notification of claims against the state or employees.
📌 Key Insights
Mine Subsidence Covered by BRIM: BRIM manages indemnity and reinsures insurers for mine subsidence losses—including standardized claim processing to ensure consistency (law.cornell.edu, law.cornell.edu, regulations.justia.com, wvlegislature.gov, law.cornell.edu).
Public Risk Pooling: The agency formalized its public entities insurance program under legislative review in 2020, ensuring state-backed coverage for municipalities and schools .
Streamlined Administration & Procurement: Through Series 03 and 09, BRIM adopted internal administrative frameworks and procurement guidelines to improve risk management operations.
Medical Liability & Patient Fund Coverage: Series 06–08 encompass state-provided medical liability programs and patient compensation mechanisms, allowing professionals and facilities to participate in state-administered insurance or appeal processes.
Policy Updates & Repeals:
Series 04 (malpractice insurance) was repealed in 2021 as outdated (regulations.justia.com, wvlegislature.gov).
Series 05, originally repealed, was later reauthorized to ensure claims are properly reported .
✅ Summary Table
| Series | Subject Area | Notes |
|---|---|---|
| 115‑01 | Mine Subsidence Insurance | Administered by BRIM; reinsurance and claim processes |
| 115‑02 | Public Entities Insurance Program | Covers local gov/public entities; legislatively renewed in 2020 |
| 115‑03 | BRIM Administrative Regulations | Internal governance and procedures |
| 115‑04 | Professional Malpractice Insurance | Obsolete; repealed via 2021 legislation |
| 115‑05 | Notification of Liability Claims | Claim-notification procedures—updated and reauthorized |
| 115‑06 | Medical Liability Programs (Preferred/High-Risk) | Structures for state medical liability coverage |
| 115‑07 | Patient Injury Compensation Fund | State fund for compensating patient injuries |
| 115‑08 | Appeal Rules for Patient Compensation | Due-process procedures for claims against the Fund |
| 115‑09 | BRIM Procurement Standards | Governs board purchasing activities |
| 115‑10 | Revised Notification of Liability Claims | Modern update to claim-reporting procedures |
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