HB 5459 West Virginia House of Delegates · 2026 Regular Session

Relating to a tax on managed care organizations

HB 5459 imposes an annual tax on certified health maintenance organizations (HMOs) operating in West Virginia that provide Medicaid services. It establishes tiered tax rates based on Medicaid member months (with higher rates for larger volumes) and non-Medicaid member months, adjusting annually using West Virginia's Medicaid capitation rate changes. Starting July 1, 2027, the tax shifts to a flat 2.5% of each HMO's gross premiums in the state, applying uniformly regardless of membership type. The bill exempts Medicare Advantage plans and certain government health plans as specified in federal law.
Bill status signed all 5 stages cleared
Introduction
Feb 2026
Committee Review
Mar 2026
House of Delegates Passage
Mar 2026
Senate Passage
Mar 2026
Signed into Law
Jun 2026
Introduced Feb 12, 2026 Signed Jun 29, 2026
Maddy AI version diff · 3 comparisons

What changed between versions

hb5459 hfa rohrbach 2-26 _1 adopted.htm Enrolled Version · 3 edits · Mar 30, 2026
MINOR
The bill was finalized as an enrolled version, incorporating amendments to change the effective date of a new health care provider tax from 2026 to 2027. It also added a temporary clause allowing the old tax rules to remain in effect until July 1, 2027, while clarifying that the new tax method requires federal approval to be eligible for federal funding.
Scope change
The bill's scope remains focused on taxing managed care organizations, but the applicability of the new tax rate is delayed by one year.
TIMELINE

The start date for the new gross premium-based tax was changed from July 1, 2026, to July 1, 2027.

A new provision was added stating that the previous tax rules will remain in full force and effect until July 1, 2027.

REQUIREMENT

The bill was updated to explicitly require federal approval from the Centers for Medicare and Medicaid Services for the new tax structure to be eligible for federal financial participation.

Floor votes · Senate Mar 11, 2026 · House of Delegates Mar 2, 2026

How they voted

330
Passed
Total votes 33
Mar 11, 2026
D Democratic2
2 Yea
100% Yea
R Republican31
31 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
34
Key actions
8
Committee
5
Amendments
1
Mar 30, 2026
Signed into law
Approved by Governor 3/27/2026
lower
Mar 14, 2026
Signed into law
Approved by Governor 3/27/2026 - Senate Journal
upper
Mar 14, 2026
Signed into law
Approved by Governor 3/27/2026 - House Journal
lower
Mar 11, 2026
Upper · Passed
Passed Senate (Roll No. 471)
upper
Mar 6, 2026
Upper · Passed
Reported do pass
upper
Mar 4, 2026
Committee
To Finance
upper
Mar 4, 2026
Introduced
Introduced in Senate
upper
Mar 2, 2026
Lower · Passed
Passed House (Roll No. 249)
lower
Feb 27, 2026
Lower · Passed
Amendment adopted (Voice vote)
lower
Feb 27, 2026
Introduced
Amendment reported by the Clerk
lower
Feb 25, 2026
Lower · Passed
Do pass
lower
Feb 12, 2026
Committee
To House Finance
lower
Feb 12, 2026
Introduced
Introduced in House
lower
Feb 12, 2026
Committee
To Finance
lower
1 primary · 3 co-sponsors

Sponsors