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2012 SESSION
12100216DBe it enacted by the General Assembly of Virginia:
1. That § 38.2-3418.12 of the Code of Virginia is amended and reenacted as follows:
§ 38.2-3418.12. Coverage for hospitalization and anesthesia for dental procedures.
A. Notwithstanding the provisions of § 38.2-3419, each insurer
proposing to issue individual or group accident and sickness insurance policies
providing hospital, medical and surgical, or major medical coverage on an
expense-incurred basis; each corporation providing individual or group accident
and sickness subscription contracts; and each health maintenance organization
providing a health care plan for health care services shall provide coverage
for medically necessary general anesthesia and hospitalization or facility
charges of a facility licensed to provide outpatient surgical procedures for
dental care provided to a covered person who is determined by a licensed
dentist in consultation with the covered person's treating physician to require
general anesthesia and admission to a hospital or outpatient surgery facility
to effectively and safely provide dental care and (i) is under the age of five 13,
or (ii) is severely disabled, or (iii) has a medical condition and requires
admission to a hospital or outpatient surgery facility and general anesthesia
for dental care treatment. For purposes of this section, a determination of
medical necessity shall include but not be limited to a consideration of
whether the age, physical condition or mental condition of the covered person
requires the utilization of general anesthesia and the admission to a hospital
or outpatient surgery facility to safely provide the underlying dental care.
B. Such insurer, corporation or health maintenance organization may require prior authorization for general anesthesia and hospitalization or surgical facility charges for dental procedures in the same manner that prior authorization is required for other covered benefits.
C. Such insurer, corporation or health maintenance organization shall restrict coverage for general anesthesia expenses to those health care providers who are licensed to provide anesthesia services and shall restrict coverage for facility charges to facilities licensed to provide surgical services.
D. The provisions of this section shall not be construed to require coverage for dental care incident to the coverage provided in this section.
E. The provisions of this section are applicable to any policy, contract or plan delivered, issued for delivery or renewed in this Commonwealth on and after July 1, 2000, except that the provisions of clause (i) of subsection A that require such coverage to be provided for a covered person whose age is at least five years but less than 13 years shall apply to any policy, contract or plan delivered, issued for delivery, or renewed in the Commonwealth on and after July 1, 2012.
F. The provisions of this section shall not apply to short-term travel, accident-only, limited or specified disease policies, nor to policies or contracts designed for issuance to persons eligible for coverage under Title XVIII of the Social Security Act, known as Medicare, or any other similar coverage under state or federal governmental plans.