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2016 SESSION
16101667DBe it enacted by the General Assembly of Virginia:
1. That § 30-343 of the Code of Virginia is amended and reenacted as follows:
§ 30-343. (Expires July 1, 2017) Standing committees to request Commission assessment.
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 Chairman of the House or Senate Committee on Commerce and Labor having jurisdiction over the proposal shall request that the Commission 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 Centers
for Medicare and Medicaid Services or other appropriate federal agency
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 Centers
for Medicare and Medicaid Services or other appropriate federal agency,
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 Centers for Medicare and Medicaid Services or
other appropriate federal agency 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.
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 then-current session of the
General Assembly, the standing committee may request the Commission to study the measure as provided in
subsection A.