{"data":{"id":"us-wv/w.-va.-code-33-16f-5","jurisdiction":"us-wv","citation":"W. Va. Code § 33-16F-5","heading":"Eligibility of individuals and groups.","body":"(a) Individuals. –- Eligibility to enroll in an individual West Virginia affordable health care plan is limited to any resident of this state who:\n(1) Is not covered by a private insurance policy and is not eligible for coverage under an employer-sponsored group plan or through a public health insurance program, such as Medicare, Medicaid or the state Children's Health Insurance Program; and\n(2) Has not been covered by any health insurance program at any time during the past six months, unless coverage under a health insurance program was terminated within the previous six months due to loss of a job that provided an employer-sponsored health benefit plan or death of, or divorce from, a spouse who was provided an employer-sponsored health benefit plan or, with respect to a public health insurance program, eligibility for such program was lost due to an inability to meet income or categorical requirements: Provided, That an individual may not be excluded from enrollment in a West Virginia affordable health care plan on the ground that he or she is eligible for or is enrolled in a COBRA plan.\n(b) Group. -– An otherwise eligible group may not obtain coverage under a West Virginia affordable health care plan unless the group has not had coverage under any health insurance plan at any time during the previous six months.","path":["CHAPTER 33. INSURANCE.","ARTICLE 16F. GROUP LIMITED HEALTH BENEFITS PLANS."],"source_url":"https://code.wvlegislature.gov/33-16F-5/","current_through":"as of 2026-08-03; contains at least the enactments of the 2026 Regular Session","vintage":"","retrieved_at":"2026-09-06T00:28:35Z","sha256":"e2754ef7b00f03f178569b939d2bb72eefa5125bfc11bdf9e2f2ca6848e53a29","source_id":"us-wv","stale":true,"prev":"us-wv/w.-va.-code-33-16f-4","next":"us-wv/w.-va.-code-33-16f-6"},"notice":"GroundRules: Original legal text. Not legal advice."}