Creating WV Health Care Continuity Act. The provisions of this article will only become effective if the commissioner determines, in his or her sole discretion, that a court of competent jurisdiction has ruled that all or a significant portion of the Patient Protection and Affordable Care Act, P.L. 111-148, is unconstitutional and the judgment of that court becomes final and definitive. The commissioner shall establish the West Virginia Patient Protection Program, which is a reinsurance program.