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2014 SESSION
14102904DBe it enacted by the General Assembly of Virginia:
1. That §§ 32.1-16 and 38.2-326 of the Code of Virginia are amended and reenacted as follows:
§ 32.1-16. State Department of Health.
A. There shall be a State Department of Health in the executive department responsible to the Secretary of Health and Human Resources. The Department shall be under the supervision and management of the State Health Commissioner. The Commissioner shall carry out his management and supervisory responsibilities in accordance with the policies, rules and regulations of the Board.
B. In addition to other duties imposed on the Department
pursuant to this title, the Department shall assist in the plan management
functions of the federal health benefit exchange established by the Secretary
of the U.S. Department of Health and Human Services pursuant to § 1321 of the
Patient Protection and Affordable Care Act codified as 42 U.S.C. § 18041(c) in
the Commonwealth, including. Such assistance shall be limited to
providing assistance services
to the State Corporation Commission in its performance of plan management
functions as set forth in § 38.2-326. The Department shall be compensated for
expenses incurred in providing such services.
§ 38.2-326. Plan management functions.
A. The Commission, with the assistance of the Virginia
Department of Health, shall perform plan management functions required to
certify health benefit plans and stand-alone dental plans for participation in
the federal health benefit exchange established by the Secretary of the U.S.
Department of Health and Human Services pursuant to § 1321 of the Patient
Protection and Affordable Care Act codified as 42 U.S.C. § 18041(c) in the
Commonwealth, provided that: (i) full
funding is available
1. Federal
funding sufficient to pay the operating expenses necessary to carry out the
plan management functions is provided. Operating expenses include existing
Commission technology support functions such as desktop support, network
administration support, web services support, or other similar support
functions; (ii) the
2. The
technology infrastructure, including integration with federal, state, and other
necessary entities, is made available to the Commission by or through the U.S.
Department of Health and Human Services or the Virginia Secretary of
Health and Human Resources, at no
cost to the Commonwealth, in order for it the Commission to carry out
the plan management functions authorized in this section; (iii)
there
3. There
are no other impediments that effectively prevent the Commission from
performing any required plan management functions; and (iv) the
4. The performance of such plan management functions is not deemed to establish a health benefit exchange pursuant to § 1311 of the Patient Protection and Affordable Care Act codified as 42 U.S.C. § 18031. For purposes of this section, "plan management functions" means analyses and reviews necessary to support the certification, decertification, and recertification of qualified health plans and stand-alone dental plans for the federal health benefit exchange established by the Secretary of the U.S. Department of Health and Human Services pursuant to § 1321 of the Patient Protection and Affordable Care Act codified as 42 U.S.C. § 18041(c), and the collection of data necessary to perform the above functions.
B. The Commission may not contract
with and or
enter into memoranda of understanding to carry out its plan management
functions with the U.S. Department of Health and Human Services or any other state or federal agency, provided that entering into such contracts or
memoranda of understanding are not deemed to establish a health benefit
exchange pursuant to § 1311 of the Patient Protection and Affordable Care Act
codified as 42 U.S.C. § 18031 or
department.
C. The Commission's obligation
to perform plan management functions described in subsection A is contingent upon
receiving federal funding sufficient to pay the operating expenses necessary to
carry out the plan management functions. The Commission shall seek full
reimbursement from the U.S. Department of Health and Human Services for such
expenses.
D. The
Commission shall not use any special fund revenues dedicated to its other
functions and duties, including, but not limited to, revenues from utility
consumer taxes or fees from licensees or registrants regulated by the
Commission or fees paid to the Clerk's Office, to fund the plan management
functions.
E. D. Technology
resources provided by the Commission in carrying out the plan management
functions shall be limited to existing Commission technology support functions
such as desktop support, network administration support, web services support,
or other similar support functions.
F. E. The
Commission shall make available to the public on its website a written report
on the implementation and performance of its plan management functions during
the preceding fiscal year, including, at a minimum, the manner in which all
funds utilized for its plan management functions were expended.