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Developed and maintained by the Division of Legislative Automated Systems.
2015 SESSION
15104740DBe it enacted by the General Assembly of Virginia:
1. That §§ 30-342, 30-343, and 30-344 of the Code of Virginia are amended and reenacted as follows:
§ 30-342. (Expires July 1, 2017) Powers and duties.
The Commission shall have the following powers and duties:
1. Monitor the work of appropriate federal and state agencies
in implementing the provisions of the federal Patient Protection and Affordable
Care Act (the Act), including amendments thereto and regulations
promulgated thereunder (the Act);
2. Assess Receive information provided to the
Commission pursuant to § 30-343 and, on the basis of such information, assess the
implications of the Act's implementation on residents of the Commonwealth,
businesses operating within the Commonwealth, and the general fund of the
Commonwealth;
3. Consider the recommendations of the Virginia Health
Reform Initiative to the Governor regarding the development of a
comprehensive strategy for implementing health reform in Virginia, including
recommendations for innovative health care solutions independent of the
approach embodied in the Act that meet the needs of Virginia's citizens and
government by creating an improved health system that will serve as an economic
driver for the Commonwealth while allowing for more effective and efficient
delivery of high quality care at lower cost;
4. Determine whether, when, and under what conditions the
Commonwealth should establish a state-run health benefit exchange, partner with
the federal government to implement a health benefit exchange, or acquiesce in
the establishment of a federally operated health benefit exchange within
Virginia Receive periodic reports from the Bureau of Insurance of the
State Corporation Commission pursuant to § 30-343 and recommend health benefits
required to be included within the scope of the essential health benefits
provided under health insurance products offered in the Commonwealth, including
any benefits that are not required to be provided by the terms of the Act;
5. Recommend what health benefits should be required to be
included within the scope of the essential health benefits provided under
health insurance products offered in the Commonwealth, including any benefits
that are not required to be provided by the terms of the Act Upon
request of the Chairman of the House or Senate Committee on Commerce and Labor,
assess proposed mandated benefits and providers as provided in § 30-343 and
recommend whether, on the basis of such assessments, mandated benefits and
providers be providers under health care plans offered through a health benefit
exchange, outside a health benefit exchange, neither, or both;
6. Provide assessments of existing and proposed mandated
health insurance benefits and providers, including assessments of whether such
a mandate (i) is included in the essential health benefits required by federal
law to be provided under a health care plan and (ii) should be provided under
health care plans offered through a health benefit exchange, outside a health
benefit exchange, neither, or both;
7. Conduct other studies of mandated benefits and
provider issues as requested by the General Assembly; and
8. 7. Develop such recommendations as may be
appropriate for legislative and administrative consideration in order to
increase access to health insurance coverage, ensure that the costs to business
and individual purchasers of health insurance coverage are reasonable, and
encourage a robust market for health insurance products in the Commonwealth.
§ 30-343. (Expires July 1, 2017) Standing committees to request Commission study.
A. Whenever a legislative measure containing a mandated health
insurance benefit or provider is proposed that is not identical or
substantially similar to a legislative measure previously reviewed by the
Commission within the three-year period immediately preceding the then-current
session of the General Assembly, the standing committee Chairman
of the General Assembly House or Senate Committee on Commerce and
Labor having jurisdiction over the proposal shall request that the
Commission prepare a study that assesses assess the proposal. The
Commission shall be given a period of 24 months to complete and submit its
assessment. A report summarizing the Commission's assessment shall be forwarded
to the Chairman of the standing committee that requested the assessment.
B. Upon receipt of such a request, the Commission shall request the Bureau of Insurance of the State Corporation Commission (the Bureau) to prepare an analysis of the extent to which the proposed mandate is currently available under qualified health plans in the Commonwealth and advise the Commission as to whether, on the basis of that analysis, the Exchange would likely determine, in accordance with applicable federal rules, that the proposed mandate exceeds the scope of the essential health benefits. The Bureau's analysis shall be advisory only and not binding upon the Commission, the Exchange, the Bureau, the State Corporation Commission, or any other parties.
C. Upon request of the Commission, the Bureau and the Joint Legislative Audit and Review Commission shall jointly assess the social and financial impact and the medical efficacy of the proposed mandate, which assessment shall include an estimate of the effects of enactment of the proposed mandate on the costs of health coverage in the Commonwealth, including any estimated additional costs that the Commonwealth may be responsible for pursuant to § 1311(d)(3)(B) of the Patient Protection and Affordable Care Act should the proposed mandate ultimately be determined by the Exchange to be a benefit that exceeds the scope of the essential health benefits. Upon completion of the assessment by the Bureau and the Joint Legislative Audit and Review Commission, the Commission may make a recommendation regarding its support of or opposition to the enactment of the proposed mandate. The Commission's recommendation may address whether the proposed mandate should be provided under health care plans offered through a health benefit exchange or outside a health benefit exchange.
The Commission shall be given a period of 24 months to complete and submit its assessment. A report summarizing the Commission's study shall be forwarded to the Governor and the General Assembly.
B. D. Whenever a legislative measure containing
a mandated health insurance benefit or provider is identical or substantially
similar to a legislative measure previously reviewed by the Commission within
the three-year period immediately preceding the then current session of the
General Assembly, the standing committee may request the Commission to study as
provided in subsection A.
§ 30-344. (Expires July 1, 2017) Staffing.
Administrative staff support for the Commission shall be
provided by the Office of the Clerk of the Senate or the Office of Clerk of the
House of Delegates as may be appropriate for the house in which the chairman of
the Commission serves. The Division of Legislative Services shall provide
legal, research, policy analysis, and other services as requested by the
Commission. The Bureau of Insurance of the State Corporation Commission,
the Joint Legislative Audit and Review Commission, and such other state
agencies as may be considered appropriate by the Commission shall provide staff
assistance to the Commission All agencies of the Commonwealth shall provide
assistance to the Commission, upon request.