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2010 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 38.2-3430.2 of the Code of Virginia is amended and reenacted as follows:
§ 38.2-3430.2. Definitions.
A. The terms defined in § 38.2-3431 that are used in this article shall have the meanings set forth in that section.
B. For purposes of this article:
"Eligible individual" means an individual:
1. (i) for whom, as of the date on which the individual seeks
coverage under this section, the aggregate of the periods of creditable
coverage is eighteen 18 or more months and (ii) whose most recent
prior creditable coverage was under individual health insurance coverage, a
group health plan, governmental plan or, church plan, or a
state plan under Title XIX of the Social Security Act (42 U.S.C. § 1396 et
seq.), or health insurance coverage offered in connection with any such
plan;
2. Who is not eligible for coverage under (i) a group health plan, (ii) part A or part B of Title XVIII of the Social Security Act, or (iii) a state plan under Title XIX of such Act, or any successor program, and does not have other health insurance coverage;
3. With respect to whom the most recent coverage within the coverage period described in subdivision 1 was not terminated based on a factor described in subdivision B 1 or B 2 of § 38.2-3430.7 relating to nonpayment of premiums or fraud;
4. If the individual had been offered the option of continuation coverage under a COBRA continuation provision or under a similar state program, who elected such coverage;
5. Who, if the individual elected such continuation coverage, has exhausted such continuation coverage under such provision or program; and
6. In the case where individual health insurance coverage is
the most recent creditable coverage, the coverage was nonrenewed by the health
insurance issuer under the conditions allowed in subdivision C 2 of §
38.2-3430.7, in which case the aggregate period of creditable coverage required
is reduced to twelve 12 months.
For the purposes of determining the aggregate of the periods
of creditable coverage under subdivision B 1 (i) of this section, a period of
creditable coverage shall not be counted with respect to enrollment of an
individual under a health benefit plan if, after such period, there was a
sixty-three 63-day period during all of which the individual was not
covered under any creditable coverage or was not serving a waiting period for
coverage under a group health plan, or for group health insurance coverage or
was in an affiliation period.