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2014 SESSION

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14101056D
HOUSE BILL NO. 236 Offered January 8, 2014 Prefiled December 28, 2013 A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 34 of Title 38.2 sections numbered 38.2-3454.1 and 38.2-3454.2, relating to health benefit plans; special exceptions for offering and offering to renew nonconforming plans. ---------- Patron-- Marshall, R.G. ---------- Referred to Committee on Commerce and Labor ----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Article 6 of Chapter 34 of Title 38.2 sections numbered 38.2-3454.1 and 38.2-3454.2 as follows:

§ 38.2-3454.1. Renewal of health benefit plans; special exception.

Notwithstanding any other provision of state law, a health carrier may offer to renew any health benefit plan that would otherwise be required to be canceled, discontinued, or terminated because it does not meet the requirements of Title 1 of the PPACA or regulations promulgated thereunder, to the extent and under the terms that the appropriate federal authority has suspended enforcement of provisions of Title I of the PPACA or regulations promulgated thereunder. This section applies to health benefit plans sold or offered for sale (i) through or outside of a health benefit exchange established or operated in the Commonwealth and (ii) in the individual and group markets.

§ 38.2-3454.2. Offer of health benefit plans; special exception.

Notwithstanding any other provision of state law, a health carrier may offer any health benefit plan that would otherwise be required to be canceled, discontinued, or terminated, or would otherwise not be allowed, because it does not meet the requirements of Title 1 of the PPACA or regulations promulgated thereunder, to the extent and under the terms that the appropriate federal authority has suspended enforcement of provisions of the PPACA or regulations promulgated thereunder. This section applies to health benefit plans sold or offered for sale (i) through or outside of a health benefit exchange established or operated in the Commonwealth and (ii) in the individual and group markets.

2. That an emergency exists and this act is in force from its passage.