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2009 SESSION

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099877736
HOUSE BILL NO. 2655 Offered January 23, 2009 A BILL to amend and reenact § 38.2-3407.1 of the Code of Virginia, relating to interest on accident and sickness claim proceeds; provider services rendered outside of the Commonwealth of Virginia. ---------- Patrons-- Sickles, Hugo, Janis, Melvin, Plum and Ware, R.L. ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That § 38.2-3407.1 of the Code of Virginia is amended and reenacted as follows:

§ 38.2-3407.1. Interest on accident and sickness claim proceeds.

A. If an action to recover the claim proceeds due under an individual or group accident and sickness policy results in a judgment against an insurer, interest on the judgment at the legal rate of interest shall be paid from the date of presentation to the insurer of proof of loss to the date judgment is entered.

B. If no action is brought, interest upon the claim proceeds paid to the policyholder, insured, claimant, or assignee entitled thereto shall be computed daily at the legal rate of interest from the date of fifteen working days from the insurer's receipt of proof of loss to the date of claim payment.

C. This section shall not apply to individual policies issued prior to July 1, 1990, but shall apply to any renewals or reissues of group accident and sickness policies occurring after that date.

D. This section shall not apply to claims for which payment has been or will be made directly to health care providers pursuant to a negotiated reimbursement arrangement requiring uniform or periodic interim payments to be applied against the insurer's obligation on such claims.

E. For purposes of this section, "proof of loss" means all necessary documentation reasonably required by the insurer to make a determination of benefit coverage.

F.  This section shall not apply to claims proceeds for provider services rendered outside of the Commonwealth of Virginia.