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- Subject Index: Since 1995
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2000 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 38.2-4214, 38.2-4319 as it is currently effective and as it may become effective, 38.2-4408, and 38.2-4509 of the Code of Virginia are amended and reenacted as follows:
§ 38.2-4214. Application of certain provisions of law.
No provision of this title except this chapter and, insofar as they are not
inconsistent with this chapter, §§ 38.2-200, 38.2-203, 38.2-210 38.2-209
through 38.2-213, 38.2-218 through 38.2-225, 38.2-230, 38.2-232, 38.2-305,
38.2-316, 38.2-322, 38.2-400, 38.2-402 through 38.2-413, 38.2-500 through
38.2-515, 38.2-600 through 38.2-620, 38.2-700 through 38.2-705, 38.2-900
through 38.2-904, 38.2-1017, 38.2-1018, 38.2-1038, 38.2-1040 through 38.2-1044,
Articles 1 (§ 38.2-1300 et seq.) and 2 (§ 38.2-1306.2 et seq.) of Chapter 13,
§§ 38.2-1312, 38.2-1314, 38.2-1317 through 38.2-1328, 38.2-1334, 38.2-1340, 38.2-1400
through 38.2-1444, 38.2-1800 through 38.2-1836, 38.2-3400, 38.2-3401, 38.2-3404, 38.2-3405,
38.2-3405.1, 38.2-3407.1 through 38.2-3407.6:1, 38.2-3407.9 through
38.2-3407.16, 38.2-3409, 38.2-3411 through 38.2-3419.1, 38.2-3430.1 through
38.2-3437, 38.2-3501, 38.2-3502, 38.2-3514.1, 38.2-3514.2, 38.2-3516 through
38.2-3520 as they apply to Medicare supplement policies, §§ 38.2-3522.1 through
38.2-3523.4, 38.2-3525, 38.2-3540.1, 38.2-3541, 38.2-3542, 38.2-3543.2, 38.2-3600 through
38.2-3607, Chapter 53 (§ 38.2-5300 et seq.), Chapter 58 (§ 38.2-5800 et seq.)
and Chapter 59 (§ 38.2-5900 et seq.) of this title shall apply to the operation
of a plan.
§ 38.2-4319. (Effective until July 1, 2004) Statutory construction and relationship to other laws.
A. No provisions of this title except this chapter and, insofar as they are not
inconsistent with this chapter, §§ 38.2-100, 38.2-200, 38.2-203, 38.2-210
38.2-209 through 38.2-213, 38.2-218 through 38.2-225, 38.2-229, 38.2-232,
38.2-305, 38.2-316, 38.2-322, 38.2-400, 38.2-402 through 38.2-413, 38.2-500 through
38.2-515, 38.2-600 through 38.2-620, Chapter 9 (§ 38.2-900 et seq.), §§
38.2-1057, 38.2-1306.2 through 38.2-1309, Articles 4 (§ 38.2-1317 et seq.) and
5 (§ 38.2-1322 et seq.) of Chapter 13, Articles 1 (§ 38.2-1400 et seq.) and 2
(§ 38.2-1412 et seq.) of Chapter 14, §§ 38.2-1800 through 38.2-1836,
38.2-3401, 38.2-3405, 38.2-3405.1, 38.2-3407.2 through 38.2-3407.6:1,
38.2-3407.9 through 38.2-3407.16, 38.2-3411.2, 38.2-3412.1:01, 38.2-3414.1,
38.2-3418.1 through 38.2-3418.11, 38.2-3419.1, 38.2-3430.1 through 38.2-3437,
38.2-3500, 38.2-3514.1, 38.2-3514.2, 38.2-3522.1 through 38.2-3523.4,
38.2-3525, 38.2-3542, 38.2-3543.2, Chapter 53 (§ 38.2-5300 et seq.), Chapter 58
(§ 38.2-5800 et seq.) and Chapter 59 (§ 38.2-5900 et seq.) of this title shall
be applicable to any health maintenance organization granted a license under
this chapter. This chapter shall not apply to an insurer or health services
plan licensed and regulated in conformance with the insurance laws or Chapter
42 (§ 38.2-4200 et seq.) of this title except with respect to the activities of
its health maintenance organization.
B. Solicitation of enrollees by a licensed health maintenance organization or by its representatives shall not be construed to violate any provisions of law relating to solicitation or advertising by health professionals.
C. A licensed health maintenance organization shall not be deemed to be engaged in the unlawful practice of medicine. All health care providers associated with a health maintenance organization shall be subject to all provisions of law.
D. Notwithstanding the definition of an eligible employee as set forth in § 38.2-3431, a health maintenance organization providing health care plans pursuant to § 38.2-3431 shall not be required to offer coverage to or accept applications from an employee who does not reside within the health maintenance organization's service area.
§ 38.2-4319. (Effective July 1, 2004) Statutory construction and relationship to other laws.
A. No provisions of this title except this chapter and, insofar as they are not
inconsistent with this chapter, §§ 38.2-100, 38.2-200, 38.2-203, 38.2-210
38.2-209 through 38.2-213, 38.2-218 through 38.2-225, 38.2-229, 38.2-232,
38.2-305, 38.2-316, 38.2-322, 38.2-400, 38.2-402 through 38.2-413, 38.2-500 through
38.2-515, 38.2-600 through 38.2-620, Chapter 9 (§ 38.2-900 et seq.), §§
38.2-1057, 38.2-1306.2 through 38.2-1309, Articles 4 (§ 38.2-1317 et seq.) and
5 (§ 38.2-1322 et seq.) of Chapter 13, Articles 1 (§ 38.2-1400 et seq.) and 2
(§ 38.2-1412 et seq.) of Chapter 14, §§ 38.2-1800 through 38.2-1836,
38.2-3401, 38.2-3405, 38.2-3405.1, 38.2-3407.2 through 38.2-3407.6:1,
38.2-3407.9 through 38.2-3407.16, 38.2-3411.2, 38.2-3414.1, 38.2-3418.1 through
38.2-3418.11, 38.2-3419.1, 38.2-3430.1 through 38.2-3437, 38.2-3500,
38.2-3514.1, 38.2-3514.2, 38.2-3522.1 through 38.2-3523.4, 38.2-3525,
38.2-3542, 38.2-3543.2, Chapter 53 (§ 38.2-5300 et seq.), Chapter 58 (§
38.2-5800 et seq.) and Chapter 59 (§ 38.2-5900 et seq.) of this title shall be
applicable to any health maintenance organization granted a license under this
chapter. This chapter shall not apply to an insurer or health services plan
licensed and regulated in conformance with the insurance laws or Chapter 42 (§
38.2-4200 et seq.) of this title except with respect to the activities of its health
maintenance organization.
B. Solicitation of enrollees by a licensed health maintenance organization or by its representatives shall not be construed to violate any provisions of law relating to solicitation or advertising by health professionals.
C. A licensed health maintenance organization shall not be deemed to be engaged in the unlawful practice of medicine. All health care providers associated with a health maintenance organization shall be subject to all provisions of law.
D. Notwithstanding the definition of an eligible employee as set forth in § 38.2-3431, a health maintenance organization providing health care plans pursuant to § 38.2-3431 shall not be required to offer coverage to or accept applications from an employee who does not reside within the health maintenance organization's service area.
§ 38.2-4408. Application of certain provisions.
No provision of this title except this chapter and insofar as they are not
inconsistent with this chapter §§ 38.2-100, 38.2-200, 38.2-203, 38.2-210
38.2-209 through 38.2-213, 38.2-218 through 38.2-225, 38.2-229, 38.2-316,
38.2-400, 38.2-402 through 38.2-413, 38.2-500 through 38.2-515, 38.2-600 through
38.2-620, 38.2-700 through 38.2-704, 38.2-800 through 38.2-806, 38.2-1038, 38.2-1040
through 38.2-1044, Articles 1 (§ 38.2-1300 et seq.), 2 (§ 38.2-1306.2 et seq.),
and 4 (§ 38.2-1317 et seq.) of Chapter 13, and §§ 38.2-1800 through 38.2-1836,
insofar as they are not inconsistent with this chapter, and § 58.1-2500 et seq.
shall apply to the operation of a plan.
§ 38.2-4509. Application of certain laws.
A. No provision of this title except this chapter and, insofar as they are not
inconsistent with this chapter, §§ 38.2-200, 38.2-203, 38.2-210 38.2-209
through 38.2-213, 38.2-218 through 38.2-225, 38.2-229, 38.2-316, 38.2-400, 38.2-402 through 38.2-413, 38.2-500
through 38.2-515, 38.2-600 through 38.2-620, 38.2-900 through 38.2-904, 38.2-1038, 38.2-1040 through 38.2-1044,
Articles 1 (§ 38.2-1300 et seq.) and 2 (§ 38.2-1306.2 et seq.) of Chapter 13,
§§ 38.2-1312, 38.2-1314, Article 4 (§ 38.2-1317 et seq.) of Chapter
13, §§ 38.2-1400 through 38.2-1444, 38.2-1800 through 38.2-1836, 38.2-3401,
38.2-3404, 38.2-3405, 38.2-3407.10, 38.2-3407.13, 38.2-3407.14, 38.2-3407.15, 38.2-3415,
38.2-3541, 38.2-3600 through 38.2-3603, Chapter 58 (§ 38.2-5800 et seq.) and
Chapter 59 (§ 38.2-5900 et seq.) of this title shall apply to the operation of
a plan.
B. The provisions of subsection A of § 38.2-322 shall apply to an optometric services plan. The provisions of subsection C of § 38.2-322 shall apply to a dental services plan.
C. The provisions of Article 1.2 (§ 32.1-137.7 et seq.) of Chapter 5 of Title 32.1 shall not apply to either an optometric or dental services plan.