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2016 SESSION

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CHAPTER 271 An Act to amend and reenact § 38.2-3454.1 of the Code of Virginia, relating to health benefits plans; amendments to federal law. [S 562] Approved March 7, 2016

 

Be it enacted by the General Assembly of Virginia:

1. That § 38.2-3454.1 of the Code of Virginia is amended and reenacted as follows:

§ 38.2-3454.1. Sale or renewal or offer of health benefit plans; special exception.

Notwithstanding any other provision of state law, a health carrier may sell, issue, or offer to for sale or renew any health benefit plan that would otherwise (i) not be permitted to be sold, issued, or offered for sale or (ii) be required to be canceled, discontinued, or terminated, because it the health benefit plan does not meet the requirements of Title I of the federal Patient Protection and Affordable Care Act (H.R. 3590), as amended by the Health Care and Education Reconciliation Act of 2010 (P.L. 111-152) (the PPACA) or regulations promulgated thereunder, to the extent and under the terms that (a) the appropriate federal authority has suspended enforcement of provisions of Title I of the PPACA or regulations promulgated thereunder or (b) the requirements of the PPACA are amended by any federal law. This section applies to health benefit plans sold or offered for sale in the individual and group markets.