2011 SESSION

Convened January 12, 2011 -

INSURANCE

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2010 Session (CD) Carried over but died in committee on or before 12/2/2010

Abortion coverage; any qualified health benefits plan offered through an exchange shall not be required nor prohibited from providing insurance coverage. Adding § 38.2-3401.1. (Patron-Herring, HB 2436 (F))

Accident and sickness insurance policies; coverage of children who are under age 27. Amending §§ 38.2-3500 and 38.2-3525. (Patron-Toscano, HB 440 (CD))

Appeal bond; requirement if defendant’s liability insurance doesn’t provide confirmation of coverage. Amending § 16.1-107. (Patron-Athey, HB 1845 (Chapter 58))

Choice health insurance pool; local inclusion of employees of area agencies on aging. Amending § 2.2-1204. (Patron-Phillips, HB 2179 (Chapter 489))

Claims-made liability insurance policies; prohibits an insurer from denying coverage thereunder. Amending § 38.2-2229. (Patron-Keam, HB 2274 (F); McEachin, SB 1377 (F))

Continuing care retirement community; no less than 20 percent of board of directors shall be residents of facility. Adding § 38.2-4901.1. (Patron-McWaters, SB 1291 (F))

Continuing care retirement community; no less than 20 percent of board of directors shall be residents of facility. Adding § 38.2-4910.1. (Patron-Barker, SB 1033 (F))

Family Educational Rights and Privacy Act (FERPA) and Health Insurance Portability and Accountability Act (HIPAA) of 1996, federal; urges Congress to restore in loco parentis at higher educational institutions and to require parental notification of destructive and illegal student behaviors. (Patron-Howell, W.J., HJR 733 (F); Saslaw, SJR 399 (F))

Gross premiums of certain insurance; administration of tax. Amending §§ 32.1-352, 38.2-1026, 38.2-1611.1, 38.2-1709, 38.2-4809, 58.1-435, 58.1-2500, 58.1-2503 through 58.1-2508, 58.1-2510, 58.1-2520, 58.1-2521, 58.1-2522, 58.1-2525, 58.1-2526, 58.1-2528, 58.1-2531, and 59.1-280; adding §§ 38.2-4809.1, 38.2-4816, 58.1-2532, and 58.1-2533. (Patron-Stosch, SB 1124 (Chapter 850))

Group accident and sickness insurance; coverage to be extended to insure any parent of insured group member. Amending § 38.2-3525. (Patron-Marshall, D.W., HB 541 (CD))

Group accident and sickness insurance coverage; minimum number of covered persons. Amending § 38.2-3523.4. (Patron-Marshall, D.W., HB 539 (CD))

Group health insurance; allows coverage to be extended to full-time students under age 27. Amending § 38.2-3525. (Patron-Marshall, R.G., HB 12 (CD))

Health benefits exchanges; abortion coverage not permitted. Adding § 38.2-3401.1. (Patron-Cline, HB 2147 (F); Obenshain, SB 1202 (F))

Health benefits plans; sale by foreign health insurers to persons in State. Amending § 38.2-1802; adding §§ 38.2-3556 through 38.2-3564. (Patron-Hope, HB 2506 (F))

Health insurance; coverage for early intervention services of autism. Amending § 38.2-3418.5. (Patron-Albo, HB 730 (CD))

Health insurance; coverage for treatment of autism spectrum disorder. Amending § 38.2-1802; adding §§ 38.2-6400 through 38.2-6404. (Patron-LeMunyon, HB 1367 (CD))

Health insurance; credits for retired school division employees. Amending § 51.1-1401. (Patron-Marsden, SB 805 (F))

Health insurance; exempts multiple employer welfare arrangements (MEWAs) that are comprised only of banks and a plan-sponsoring organization, etc., from provisions of State’s insurance laws. Amending § 38.2-3420. (Patron-Merricks, HB 1538 (Chapter 329))

Health insurance; federal market reforms. Amending §§ 38.2-508.5, 38.2-3406.1, 38.2-3406.2, 38.2-3407.11, 38.2-3411.1, 38.2-3418.5, 38.2-3432.3, 38.2-3500, 38.2-3525, 38.2-4214, 38.2-4216.1, 38.2-4312.3, and 38.2-4319; adding §§ 38.2-3438 through 38.2-3446. (Patron-Rust, HB 1958 (Chapter 882))

Health insurance; independent external reviews. Amending §§ 32.1-137.6, 32.1-137.7, 32.1-137.9, 32.1-137.13 through 32.1-137.16, 38.2-4214, 38.2-4319, 38.2-4509, and 38.2-5900; adding §§ 38.2-3556 through 38.2-3571; repealing §§ 38.2-5901, 38.2-5902, 38.2-5903, and 38.2-5905. (Patron-Marshall, D.W., HB 1928 (Chapter 788))

Health insurance; mandated benefits for colorectal cancer screening. Amending § 38.2-3418.7:1. (Patron-Sickles, HB 1094 (CD))

Health insurance; mandated coverage for autism spectrum disorder. Amending § 38.2-4319; adding § 38.2-3418.17. (Patron-Greason, HB 2467 (Chapter 876); Howell, SB 1062 (Chapter 878))

Health insurance choice; created. Adding §§ 38.2-6400 through 38.2-6406. (Patron-Peace, HB 720 (CD))

Income tax, state; increases long-term care insurance tax credit. Amending § 58.1-339.11. (Patron-Garrett, HB 1050 (CD); Garrett, HB 1840 (Chapter 723))

Income tax, state; long-term care insurance tax credit. Amending § 58.1-339.11. (Patron-Martin, SB 310 (CD))

Income tax, state; small employer health insurance tax credit. Adding § 58.1-439.12:06. (Patron-Reynolds, SB 1442 (F))

Individual health insurance coverage; resident of State shall not be required to obtain or maintain policy. Amending § 38.2-1802; adding §§ 38.2-6400 through 38.2-6407. (Patron-Marshall, D.W., HB 536 (CD))

Insurance companies; investments in derivative transactions, exercising qualified financial contracts upon insolvency or delinquency. Amending §§ 38.2-1401, 38.2-1407, 38.2-1428, and 38.2-1501; adding § 38.2-1522. (Patron-Ware, R.L., HB 1504 (Chapter 198); Newman, SB 1319 (F))

Insurance fraud; clarifies definition of insurer includes self-insured private and public employers for purposes of Department of State Police’s investigation. Amending § 52-36. (Patron-Merricks, HB 1717 (Chapter 208))

Insurance license tax; dedicates to Highway Maintenance and Operating Fund one-third of total revenue. Amending § 58.1-2531. (Patron-Albo, HB 2499 (F))

Insurance policies; exemptions of large commercial risks. Amending § 38.2-1903.1. (Patron-Kilgore, HB 1586 (Chapter 618); Puckett, SB 1015 (Chapter 636))

Insurance premiums tax; retaliatory costs tax credit. Amending § 58.1-2510. (Patron-Garrett, HB 2335 (Chapter 817); Stosch, SB 1359 (Chapter 863))

Insured persons; a licensed attorney who is a full-time employee of an insurance company shall not represent a person insured by company. Adding § 38.2-209.1. (Patron-Joannou, HB 2397 (F))

Laboratory results; with prior authorization of patient, lab has authority to provide directly to insurance carrier, etc. Amending § 54.1-2409.4. (Patron-Stolle, HB 2216 (Chapter 807); Northam, SB 1116 (Chapter 849))

License tax credit; credit against state license tax liability on certain insurance companies for investments in State small business investment companies. Adding §§ 58.1-2532 through 58.1-2551. (Patron-Merricks, HB 1384 (CD))

Life insurance; required disclosure. Adding §§ 38.2-3117.1, 38.2-3117.2, and 38.2-3117.3. (Patron-Lewis, HB 2529 (F))

Life insurance; specified disease coverage or limited benefit health coverage. Amending § 38.2-102. (Patron-Howell, SB 1390 (Chapter 186))

Local government; establishment and administration of personnel system based on merit and professional ability. Amending §§ 15.2-1506 and 15.2-1517. (Patron-Herring, SB 1121 (F))

Long-term care insurance; only State employees participating in Sickness and Disability Program are to benefit. Amending § 51.1-1135.2. (Patron-Tata, HB 1797 (Chapter 30))

Medical malpractice; increases cap on recovery in actions against health care providers. Amending § 8.01-581.15. (Patron-Albo, HB 1459 (Chapter 758); Saslaw, SB 771 (Chapter 759))

Medical malpractice; privileged communications of certain committees. Amending § 8.01-581.17. (Patron-Peace, HB 2373 (Chapter 15); Cleaveland, HB 2377 (I) See HB2373; Saslaw, SB 1469 (Chapter 753))

Medical malpractice actions; changes number of days after receipt of written request of defendant in which plaintiff must provide certification form. Amending § 8.01-20.1. (Patron-Herring, SB 1330 (F))

Motor vehicle insurance; premiums based on credit information. Amending §§ 38.2-2212, 38.2-2213, and 38.2-2234. (Patron-Obenshain, SB 1430 (F))

Multijurisdiction grand jury; investigate violation including insurance fraud. Amending § 19.2-215.1. (Patron-Loupassi, HB 2363 (Chapter 504))

Nursing homes; notice of liability insurance coverage. Amending §§ 32.1-127, 32.1-138, 63.2-1805, and 63.2-1808. (Patron-Stanley, SB 1433 (F))

Patient Protection and Affordable Care Act (PPACA); Joint Commission on Health Care to study implementation of insurance provisions thereof. (Patron-Kilgore, HJR 635 (F))

Pharmacy; conforms elements of State’s freedom of choice law to North Carolina’s law. Amending § 38.2-3407.7. (Patron-Reynolds, SB 879 (F))

Portable electronics insurance; establishes a procedure for vendors that provides coverage for repair or replacement of such devices. Amending § 38.2-1800; adding §§ 38.2-1875 through 38.2-1880. (Patron-Marshall, D.W., HB 2480 (Chapter 222))

Preneed funeral contracts; final expenses insurance. Amending §§ 54.1-2820 and 54.1-2822; adding § 38.2-3317.1. (Patron-Morgan, HB 2267 (F))

Producer licensing examination candidates; Bureau of Insurance within State Corporation Commission to collect demographic and other information. (Patron-Alexander, HJR 586 (P))

Retained asset accounts; disclosures to beneficiaries. Adding §§ 38.2-3117.1 through 38.2-3117.4. (Patron-Marshall, R.G., HB 1458 (Chapter 194))

Retained asset accounts; to provide beneficiary at time a claim is made with written information describing settlement options available under policy. Adding §§ 38.2-3117.1 through 38.2-3117.4. (Patron-Barker, SB 1388 (Chapter 227))

Small businesses; joint subcommittee to study whether state laws and regulations impede ability to act collectively in procuring health insurance. (Patron-Villanueva, HJR 618 (F))

State employee health insurance plan; coverage for autism spectrum disorder. Amending § 2.2-2818. (Patron-Hugo, HB 2512 (I) See HB2467; Howell, SB 1061 (F))

State employees; health insurance benefits. Amending § 2.2-2818. (Patron-McEachin, SB 1122 (F))

State health insurance plan; allows state employees who are nonclassified, hourly employees to participate. Amending § 2.2-2820. (Patron-Bell, Robert B., HB 2394 (F))

Surplus lines insurance; eliminates requirement that broker be licensed in Virginia unless selling, soliciting, etc., contracts for insureds whose home state is Virginia. Amending §§ 38.2-1857.1, 38.2-1857.2, 38.2-1857.4 through 38.2-1857.7, 38.2-1857.9, 38.2-4806, 38.2-4807, 38.2-4809, 38.2-4810, and 38.2-4811; adding §§ 38.2-4805.1 and 38.2-4805.2. (Patron-Sickles, HB 2286 (Chapter 498))

Underinsured motorist insurance coverage; liability insurer’s written offer to pay limits of its policy may be made contingent upon waiver of subrogation. Amending § 38.2-2206. (Patron-Kilgore, HB 1985 (Chapter 107))

Vehicles damaged by water; increases threshold for reporting water damage and requires insurance companies to report payment of such claim to DMV. Amending § 46.2-624. (Patron-Hugo, HB 1412 (Chapter 652); Abbott, HB 1924 (I) See HB1412; Newman, SB 1416 (Chapter 678))

Virginia Birth-Related Neurological Injury Compensation Program; prohibits Workers’ Compensation Commission from awarding attorney fees or other expenses incurred by any physician, etc., in a proceeding. Amending § 38.2-5009. (Patron-Phillips, HB 2170 (Chapter 84))

Virginia Defective Drywall Correction and Restoration Assistance Fund; State Corporation Commission to collect from each licensed insurer writing fire, etc., insurance to be used to provide revenue. Amending §§ 36-156.2 and 58.1-2508; adding § 38.2-416. (Patron-Abbott, HB 1919 (F))

Virginia Life, Accident and Sickness Insurance Guaranty Association; increases maximum amount of coverage for life insurance death benefits. Amending § 38.2-1700. (Patron-McDougle, SB 917 (F))

Virginia Life, Accident and Sickness Insurance Guaranty Association; summary document to be delivered to policy owner posted on website. Amending § 38.2-1715. (Patron-McDougle, SB 916 (Chapter 306))

Virginia Life, Accident and Sickness Insurance Guaranty Association; surplus funds. Amending § 38.2-1705. (Patron-Wagner, SB 1482 (Chapter 682))

Virginia Retirement System; increases health insurance credits for retired constitutional officers, etc. Amending § 51.1-1403. (Patron-Johnson, HB 2144 (F))

Virginia small business investment companies; creates credit against insurance license tax for investments. Adding §§ 58.1-2532 through 58.1-2552. (Patron-Merricks, HB 2283 (F))

Virginia small business investment companies; tax credit against state license tax liability on certain insurance companies for investments. Adding §§ 58.1-2532 through 58.1-2552. (Patron-McWaters, SB 1365 (F))

Virginia Wind Underwriting Association; created. Amending §§ 38.2-602, 38.2-1343, 38.2-1902, 38.2-2001, 38.2-2113, and 38.2-2114; adding §§ 38.2-2914 through 38.2-2925. (Patron-Kilgore, HB 89 (CD))