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2003 SESSION
030038816Be it enacted by the General Assembly of Virginia:
1. That § 38.2-3540.1 of the Code of Virginia is amended and reenacted as follows:
§ 38.2-3540.1. Claims experience.
A. Each group accident and sickness insurance policy shall contain a provision
which provides that an insurer, upon request, shall provide the policyholder
with a complete record of the policyholder's claims experience incurred under
the group policy. This record shall include all claims incurred and the actual
amount paid, less discounts, deductibles, and services not covered, for the most
recent available 24-month period. Claims reporting dates shall be
consistent for the lesser of (i) the period of time since the policy was issued
or issued for delivery or (ii) the period of time since the policy was last renewed, reissued or
extended, if already issued. This record shall also include (a) monthly
enrollment in the policyholder’s plan, and (b) a listing of claims in excess of
$15,000, for the same period as above. This record shall be made available
promptly to the policyholder within 10 business days upon request made not
less than thirty days prior to the date upon which the premiums or contractual
terms of the policy may be amended. Nothing in this section shall require the
disclosure of personal or privileged information about an individual that is
protected from disclosure under Chapter 6 (§ 38.2-600 et seq.) of this title,
or under any other applicable federal or state law or regulation. No
policyholder shall be required to pay for information requested pursuant to this
section.
B. The requirements of this section shall apply to all policies, contracts, and
plans delivered, issued for delivery, reissued or extended on and after July 1,
19992003, or at any time after the effective date hereof when any term of any
such policy, contract or plan is changed or any premium adjustment is made.