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2018 SESSION

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Senate Committee on Commerce and Labor

Chairman: Frank W. Wagner

Clerk: Chad Starzer
Staff: Frank Munyan
Date of Meeting: January 29, 2018
Time and Place: 15 Min after adj. Senate Room A, Pocahontas Building
Update to add SB352, SB642, and SB948

S.B. 253 Unclaimed property; deposits and funds with financial institutions, charges and interest.

Patron: Dance

Unclaimed property; deposits with financial institutions; charges and interest. Removes an exception to a provision that prohibits a bank or other holder from (i) imposing charges on dormant or inactive accounts in a manner that differs from active accounts or (ii) ceasing to pay interest on an inactive account. The deleted exception allows such accounts to be treated differently if the bank or other holder, when it imposes such different charges or ceases paying interest, does not reverse or cancel charges or retroactively credit interest with respect to the property for any reason other than to correct a documented internal error. The deleted exception also authorizes a holder that is a state-chartered credit union to refund charges or reverse or cancel those charges or retroactively credit interest with respect to such property to the same extent that a federally chartered credit union is authorized to do pursuant to federal law.

A BILL to amend and reenact § 55-210.3:01 of the Code of Virginia, relating to the Uniform Disposition of Unclaimed Property Act; bank deposits and funds in financial organizations; charges on inactive accounts.

18102238D

S.B. 352 Workers' compensation; presumption of compensability for certain diseases.

Patron: Peake

Workers' compensation; presumption of compensability for certain diseases. Adds lymphoma, non-Hodgkin lymphoma, and cancers of the colon, brain, and testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop them. The measure also reduces, from 12 years to five years, the minimum number of years of continuous service that such firefighters and other employees are required to have completed in order to qualify for the presumption that such a condition is an occupational disease suffered in the line of duty.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption of compensability for certain cancers.

18103123D

S.B. 388 Virginia Life, Accident and Sickness Insurance Guaranty Association; board of directors.

Patron: Chafin

Virginia Life, Accident and Sickness Insurance Guaranty Association; board of directors. Increases the minimum number of members of the board of directors of the Virginia Life, Accident and Sickness Insurance Guaranty Association from five to nine and the maximum number of such members from nine to 13.

A BILL to amend and reenact § 38.2-1703 of the Code of Virginia, relating to the board of directors of the Virginia Life, Accident and Sickness Insurance Guaranty Association.

18102082D

S.B. 405 Wireless communications infrastructure; zoning.

Patron: McDougle

Zoning for wireless communications infrastructure. Establishes parameters regarding applications for zoning approvals for certain wireless support structures. Applications for certain new wireless support structures that are 50 feet or less above ground level and for the co-location on an existing structure of a wireless facility that is not a small cell facility are exempt from requirements that they obtain a special exception, special use permit, or variance, though a locality may require administrative review for the issuance of any zoning permits or an acknowledgement that zoning approval is not required for such projects. Aspects of the zoning approval process addressed in this measure include periods for approval or disapproval of applications, a requirement that applications are deemed approved if not approved or disapproved within the applicable period; application fees; a prohibition against unreasonably discriminating between applicants and other wireless services providers, providers of telecommunications services, and nonpublic providers of cable television and electric services; and limits on the number of new wireless support structures that can be installed in a specific location. The measure also prohibits a locality, in its receiving, consideration, and processing of an application for zoning approval, from engaging in certain activities.

A BILL to amend and reenact § 15.2-2316.3 of the Code of Virginia and to amend the Code of Virginia by adding sections numbered 15.2-2316.4:1, 15.2-2316.4:2, and 15.2-2316.4:3, relating to zoning for wireless communications infrastructure.

18101342D

S.B. 574 Step therapy protocols; health benefits, disclosure of information.

Patron: DeSteph

Step therapy protocols. Requires health benefit plans that restrict the use of any prescription drug through the use of a step therapy protocol to have in place a clear, convenient, and expeditious process for a prescribing medical provider to request an override of such restrictions for a patient. A step therapy protocol is a protocol or program that (i) establishes the specific sequence in which prescription drugs for a specified medical condition are medically appropriate for a particular covered person and are covered by a health benefit plan or that (ii) conditions coverage of a prescription medication on a patient's first trying an alternative medication without success. The measure requires the granting of a step therapy protocol override if any of certain conditions are satisfied.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.9:04, relating to accident and sickness insurance; step therapy protocols; disclosure of information.

18102150D

S.B. 581 Health insurance plans; preauthorization for drug benefits.

Patron: DeSteph

Health insurance plans; preauthorization for drug benefits. Requires contracts between an insurance carrier and a participating health care provider that require the carrier's prior authorization of a drug benefit to include a provision that if a prior authorization request is denied, the provider has the right to a peer-to-peer review with a physician advisor or peer of the treating health care provider who represents the carrier. This provision applies to provider contracts entered into, amended, extended, or renewed on or after January 1, 2019.

A BILL to amend and reenact § 38.2-3407.15:2 of the Code of Virginia, relating to health insurance; carrier business practices; prior authorization provisions.

18103127D

S.B. 624 Va. Consumer Protection Act; open-end credit plans.

Patron: Surovell

Open-end credit plans. Prohibits a person licensed as a motor vehicle title lender from extending credit under an open-end credit plan. The measure prohibits a person that extends credit under an open-end credit plan from (i) obtaining or accepting from a borrower an authorization to electronically debit the borrower's deposit account; (ii) failing to comply with certain restrictions and prohibitions applicable to debt collectors contained in the federal Fair Debt Collection Practices Act; (iii) making a loan to a borrower if the loan or extension would cause the borrower to have more than one loan under an open-end credit plan outstanding at the same time; and (iv) filing a legal proceeding against a borrower until 60 days after the date of default on an open-end credit plan, during which period the person and the borrower may voluntarily enter into a repayment arrangement. The measure makes these requirements applicable to any person that makes such an extension of credit over the Internet to Virginia residents or any individuals in Virginia. The measure also makes it a prohibited practice under the Virginia Consumer Protection Act to violate the requirements applicable to extending credit under an open-end credit plan.

A BILL to amend and reenact §§ 6.2-312 and 59.1-200 of the Code of Virginia, relating to the Virginia Consumer Protection Act; open-end credit plans.

18101725D

S.B. 625 Consumer finance companies; licensing by SCC.

Patron: Surovell

Consumer finance companies. Requires the State Corporation Commission, as a condition of licensing a consumer finance company, to find that the applicant will not make consumer finance loans at the same location at which the applicant makes payday loans or motor vehicle title loans. The measure also (i) caps the amount of a consumer finance loan at $35,000, (ii) requires that such loans be installment loans with a term that is not less than six months nor more than 120 months, (iii) sets the maximum annual interest rate on such loans at 36 percent, (iv) authorizes late payment fees of $20, (v) authorizes loan processing fees of up to $125, and (vi) increases the amount of a bad check fee from $15 to $25.

A BILL to amend and reenact §§ 6.2-1507, 6.2-1520, and 6.2-1523 of the Code of Virginia, relating to consumer finance companies; loans; licensing.

18102243D

S.B. 629 State Corporation Commission; disclosures of information provided by financial institutions.

Patron: Surovell

Financial institutions; confidentiality of information. Provides that the scope of the prohibition on the State Corporation Commission's disclosure of personal information does not encompass any information pertaining to an individual's ownership interest in a person regulated under Title 6.2 (Financial Institutions and Services). The measure excludes from the prohibition any information pertaining to the business of a sole proprietorship or mortgage loan originator regulated under Title 6.2. The measure also provides that an annual report or other periodic written report filed with the Bureau of Financial Institutions by a licensed nondepository institution is not confidential and shall be available for public inspection, subject to the same limitation regarding the disclosure of an individual's personal information.

A BILL to amend and reenact § 6.2-101 of the Code of Virginia, relating to disclosures by the State Corporation Commission of information provided by financial institutions.

18102526D

S.B. 639 Health care shared savings; incentive programs.

Patron: Dunnavant

Health care shared savings; incentive programs. Requires health carriers to establish a comparable health care service incentive program under which savings are shared with a covered person who elects to receive a covered health care service from a lower-cost provider. Incentive payments shall be at least 50 percent of the saved cost compared to the average cost. Incentive payments are not required for savings of $25 or less. Programs are required to be approved by the Commissioner of Insurance. The measure also requires health carriers to make available an interactive mechanism on their website that enables a covered person to compare costs between providers in-network, calculate estimated out-of-pocket costs, and obtain quality data for those providers, to the extent available. The measure authorizes covered persons to obtain health care services from out-of-network providers if their costs are below the average of in-network providers. The measure requires health care facilities and practitioners to provide a covered person an estimate of charges prior to an admission, procedure, or service. All health care providers are required to post in a visible area notification of the patient's ability to obtain information in order to get an estimate of out-of-pocket costs from his health carrier and to compare providers.

A BILL to amend and reenact §§ 38.2-4214 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-134.5, by adding in Chapter 34 of Title 38.2 an article numbered 8, consisting of sections numbered 38.2-3461 through 38.2-3466, and by adding a section numbered 54.1-2962.3, relating to health care shared savings; required disclosures by health care providers; and health insurance incentive programs.

18104607D

S.B. 642 Workers' compensation; presumption of compensability for certain diseases.

Patron: McPike

Workers' compensation; presumption of compensability for certain diseases. Adds colon cancer to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters and certain employees develop the cancer. The measure removes the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty.

A BILL to amend and reenact § 65.2-402 of the Code of Virginia, relating to workers' compensation; presumption of compensability for certain cancers.

18101774D

S.B. 661 Wages; removes exemptions that exclude newsboys, shoe shine boys, etc., from Va. Minimum Wage Act.

Patron: Wagner

Payment of wages. Removes the exemptions that exclude newsboys, shoe shine boys, ushers, doormen, concession attendants, and theater cashiers from the Virginia Minimum Wage Act (Act). The Act's exclusion for babysitters is limited to those not employed more than 10 hours per week. The spouse, children, and parents of an individual employer are excluded from the definition of "employee" under the Act. The measure eliminates the Act's exclusion for persons employed by an employer that does not have four or more employees. The measure requires a court to award attorney fees incurred by an employee who is awarded judgment in an action for a violation of the Act; currently, awarding such fees is permitted but not required. The measure expands the information an employer is required to provide to its employees when wages are paid. Finally, the bill authorizes the Commissioner of Labor and Industry to institute proceedings and take enforcement action against an employer if he has reason to believe that the employer has engaged in a pattern or practice of violations.

A BILL to amend and reenact §§ 40.1-28.9, 40.1-28.12, and 40.1-29 of the Code of Virginia, relating to the payment of wages; Virginia Minimum Wage Act.

18100922D

S.B. 663 Health benefit plan networks; air ambulance providers, duties of health care providers.

Patron: McPike


Health benefit plan networks; air ambulance providers; duties of health care providers. Requires a health care provider, before arranging for air ambulance services for an individual known to be covered under a health benefit plan, to provide the covered person or his authorized representative a written disclosure and obtain the covered person's or his representative's signature on the disclosure document. The disclosure includes statements that (i) the air ambulance provider may be an out-of-network provider; (ii) if so, the air ambulance provider has not agreed to hold covered persons harmless from payment of any balance due after receiving any payment from the carrier under the covered person's health benefit plan; (iii) indicate the range of the typical charges for out-of-network air ambulance services for which the covered person may be responsible; and (iv) the covered person or his representative may agree to accept and pay the charges of the air ambulance provider as an out-of-network provider, contact the covered person's carrier for additional assistance, or rely on other rights and remedies that may be available under state or federal law. The disclosure is also required to include a statement that the covered person or the covered person's authorized representative may obtain a list of air ambulance providers from the covered person's carrier that are participating providers and may request that the health care provider arrange for air ambulance providers that are participating providers. The measure also provides that if the health care provider is unable to provide the written disclosure or obtain the signature of the covered person or his authorized representative, the health care provider is required to document the reason therefor.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.13:3, relating to health insurance; air ambulance providers; notice by health care providers.

18103365D

S.B. 671 Health carriers; participation in health benefit exchange, requirement for conducting activities.

Patron: Deeds

Health carriers; participation in health benefit exchange; requirement for conducting insurance activities. Prohibits a health carrier from engaging in the business of insurance in the Commonwealth or administering, sponsoring, selling, or providing a policy, coverage or services under a health plan or program for state or local employees or a Medicaid managed care program unless the health carrier is actively participating in any health benefit exchange established or operated in the Commonwealth. The measure defines "actively participating in the exchange" as offering health benefits plans on an exchange (i) in the individual market; (ii) at the bronze and silver levels, and at any other level at the health carrier's discretion; and (iii) in every locality in the Commonwealth in which the health carrier conducts any of the foregoing activities.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3446.1, relating to health carriers; conducting insurance activities conditioned on participation in health benefit exchange.

18101621D

S.B. 672 Health insurance; small employers; self-employed persons.

Patron: Deeds

Health insurance; small employers; self-employed persons. Revises the definition of "small employer" for purposes of health insurance to provide that it includes a self-employed person. The measure also provides that an individual who is the sole shareholder of a corporation or sole member of a limited liability company, or an immediate family member of such sole shareholder or member, qualifies as an employee of the corporation or limited liability company if he performed any service for remuneration under a contract of hire for the corporation or limited liability company.

A BILL to amend and reenact §§ 38.2-3406.1 and 38.2-3431 of the Code of Virginia, relating to health insurance; small employers.

18101776D

S.B. 697 Natural gas utilities; right of entry.

Patron: Edwards

Natural gas utilities; right of entry. Limits the circumstances under which the developer of a natural gas pipeline has the right to enter upon property for survey and study purposes. The measure provides that a public service company or public utility incorporated in the Commonwealth and authorized by the State Corporation Commission (SCC) to provide natural gas distribution service may enter upon property to make examinations if the SCC determines that the natural gas pipeline is for a fixed and definite public use. The measure provides that a natural gas pipeline is for a public use if it provides services or products to the public of the Commonwealth. The measure prescribes that a natural gas pipeline that distributes natural gas to persons within the Commonwealth is for a public use and that a pipeline is not for a public use if it (i) distributes natural gas to export facilities or (ii) transports natural gas within or through the Commonwealth and does not distribute natural gas to persons within the Commonwealth. The measure revamps the measure enacted in 2004 that provides to interstate natural gas companies the same limited right of entry for survey and study purposes that is currently granted to intrastate natural gas companies.

A BILL to amend and reenact § 56-49.01 of the Code of Virginia, relating to natural gas utilities; right of entry upon property.

18102915D

S.B. 717 Accident and sickness insurance; rate filings, agent commissions.

Patron: Chase

Accident and sickness insurance rate filings; agent commissions. Requires that premium rate filings for certain health benefit plans include a description of agent commissions and any limitations or exceptions as they relate to the payment of such commissions. The State Corporation Commission is required to review and approve rates for accident and sickness insurance policies offered in certain individual and small group markets.

A BILL to amend and reenact § 38.2-316.1 of the Code of Virginia, relating to accident and sickness insurance rate filings; agent commissions.

18103661D

S.B. 731 Health insurance plans; prior authorization for drug benefits or surgical procedures.

Patron: Dunnavant


Health insurance plans; prior authorization for drug benefits or surgical procedures. Provides that prior authorization requirements currently applicable to drug benefits are applicable to the process for a carrier's approval of surgical procedures. The measure requires contracts between an insurance carrier and a participating health care provider that require the carrier's prior authorization to include provisions that prohibit the carrier, after it has approved a prior authorization request submitted by a participating health care provider, from (i) withdrawing or retracting its approval of the request or (ii) declining or refusing to pay a claim submitted for the drug benefit or surgical procedure. The measure provides that if a health plan or provider contract states that prior authorization is not required for a specific drug benefit or surgical procedure, the carrier shall not refuse to pay a claim submitted for the drug benefit or surgical procedure. The measure addresses the standards applicable to electronic submissions of requests for prior authorization and specifies that requests may be submitted in paper if the provider meets certain criteria. Finally, the measure exempts a drug benefit from prior authorization requirements if prior authorization has been approved for the drug benefit in 90 percent or more of the requests for prior authorization submitted by the provider in the preceding 12 months or if the drug is a generic medication. These provisions apply to provider contracts entered into, amended, extended, or renewed on or after January 1, 2019.

A BILL to amend and reenact § 38.2-3407.15:2 of the Code of Virginia, relating to health insurance; carrier business practices; prior authorization provisions.

18104573D

S.B. 817 Life insurance; prohibits an insurer form issuing a policy for an individual under 5 years of age.

Patron: Saslaw

Life insurance on minors; limits. Prohibits an insurer from issuing in Virginia a policy of life insurance upon the life of an individual under the age of five years. The bill also caps the amount of life insurance that may be issued on the life of a minor who is at least five years of age but under the age of 15 years at $50,000. The measure does not prohibit a domestic insurer from issuing for delivery, in another state or foreign country, a life insurance policy that is governed by the laws of such state or country for any amount not prohibited by the laws of the other state or country.

A BILL to amend and reenact § 38.2-302 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3105.1, relating to life insurance on the life of a minor; limits.

18100033D

S.B. 823 Wireless support structures; public rights-of-way use fees established.

Patron: McDougle

Wireless support structures; public rights-of-way use fees. Establishes an annual wireless support structure public rights-of-way use fee to be charged to wireless services providers and wireless infrastructure providers in connection with a permit for occupation and use of the public rights-of-way under the jurisdiction of the Department of Transportation (VDOT) or a locality for the construction of new wireless support structures. The amount of the use fee is (i) $1,000 for any wireless support structure at or below 50 feet in height; (ii) $3,000 for any wireless support structure above 50 feet and at or below 120 feet in height; (iii) $5,000 for any wireless support structure above 120 feet in height; and (iv) $1 per square foot for any other equipment, shelter, or associated facilities constructed on the ground. The measure provides that the use fee amounts shall be adjusted every five years on the basis of inflation. The measure also provides that an existing agreement, contract, license, easement, or permit allowing the use of the public rights-of-way by a wireless services provider or wireless infrastructure provider may be enforced by VDOT or the locality only until the current term of the agreement, contract, license, easement, or permit expires.

A BILL to amend the Code of Virginia by adding in Chapter 15.1 of Title 56 a section numbered 56-484.32, relating to wireless support structures; public rights-of-way use fees.

18104616D

S.B. 844 Health insurance; active participation in health benefit exchange condition to gov't contracting.

Patron: Dunnavant

Health insurance; active participation in health benefit exchange condition to government contracting. Bars a health carrier that does not actively participate in the health benefit exchange from entering into or renewing a contract with the Commonwealth or any agency or political subdivision thereof related to the administration, sponsorship, sale, offering, or provision of services or benefits under a Medicaid managed care program or a health insurance program for current or retired state or local government employees.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3446.1, relating to health carriers; conducting insurance activities under governmental programs; active participation in health benefit exchange required.

18104732D

S.B. 853 Insurance agents; continuing education requirements.

Patron: Wagner

Insurance agents; continuing education requirements. Revises the provisions applicable to the deadlines by which insurance agents are required to comply with continuing education requirements applicable to licensed insurance agents. The measure also revises provisions regarding licensees who are exempt from continuing education requirements. The measure has a delayed effective date of January 1, 2019.

A BILL to amend and reenact §§ 38.2-1868.1, 38.2-1869, 38.2-1871, and 38.2-1872 of the Code of Virginia, relating to insurance agent licensing; continuing education requirements.

18104024D

S.B. 857 Public Rights-of-Way Use; fees used for high-speed Internet access in underserved areas.

Patron: Chafin

Public Rights-of-Way Use Fees; high-speed Internet access. Allocates a portion of Public Rights-of-Way Use fees collected by the Virginia Department of Transportation and certain localities to be used for the deployment and expansion of high-speed Internet services in underserved areas.

A BILL to amend and reenact § 56-468.1 of the Code of Virginia, relating to Public Rights-of-Way Use Fees; high-speed Internet access.

18102138D

S.B. 860 Health care provider panels; vertically integrated carriers, public hospitals.

Patron: Lucas

Health care provider panels; vertically integrated carriers; public hospitals. Requires any vertically integrated carrier, which is a health insurer or other carrier that owns an interest in an acute care hospital facility, to offer to every public hospital the ability to participate in the provider panels or networks established for each of the carrier's policies, products, and plans. The measure also requires any contract by which a public hospital participates in a vertically integrated carrier's provider panel or network to obligate the carrier to reimburse the public hospital for a covered health care service at a rate that is not less than the fair and nondiscriminatory rate. The measure establishes the methodology for determining a fair and nondiscriminatory rate, which is based on the same percentage in excess of the Medicare rate that the carrier pays to the acute care hospital facilities in which it owns an interest. The measure provides a procedure by which a public hospital may dispute a vertically integrated carrier's calculation of a fair and nondiscriminatory rate and authorizes a public hospital to bring a civil action against such a carrier to recover any underpayment or for injunctive or declaratory relief.

A BILL to amend and reenact § 38.2-3407.10 of the Code of Virginia, relating to health care provider panels; vertically integrated carriers; reimbursements to public hospitals.

18104204D

S.B. 887 Child labor; volunteer fire companies.

Patron: Deeds

Child labor; volunteer fire companies. Removes the requirement that participation by certain minors in certain fire company activities requires local government authorization. The measure also provides that participation by such minors in nonhazardous activities of a volunteer fire company, including fire prevention efforts and training courses, are not prohibited. The measure directs the Virginia Fire Services Board to adopt a junior member policy that provides guidance to fire and rescue departments in developing and administering nonhazardous training courses and programs.

A BILL to amend and reenact § 40.1-79.1 of the Code of Virginia, relating to child labor; exemption for participation in volunteer fire company activities.

18104987D

S.B. 897 Workers' compensation; taxicab and executive sedan drivers.

Patron: Petersen


Workers' compensation; taxicab and executive sedan drivers. Provides that the exclusion from the definition of "employee" within the Virginia Workers' Compensation Act for taxicab or executive sedan drivers who are excluded from taxation under the Federal Unemployment Tax Act is not contingent upon whether evidence of the tax exemption is furnished to the Virginia Workers' Compensation Commission. The measure contains an emergency clause, and its provisions will be effective retroactive to December 31, 2017.

A BILL to amend and reenact § 65.2-101 of the Code of Virginia, relating to workers' compensation; application to taxicab or executive sedan drivers.

18105041D

EMERGENCY

S.B. 907 Health insurance; coverage for contraceptives.

Patron: McClellan

Health insurance; coverage for contraceptives. Requires health carriers to provide coverage, under any health insurance policy, contract, or plan that includes coverage for prescription drugs on an outpatient basis, for any prescribed contraceptive drug or contraceptive device. Currently health carriers are required to offer and make available such coverage. The measure prohibits a health carrier from imposing upon any person receiving contraceptive benefits pursuant to the provisions of the measure any copayment, coinsurance payment, or fee. The measure applies to health insurance contracts, policies, or plans delivered, issued for delivery, or renewed on and after January 1, 2019.

A BILL to amend and reenact § 38.2-3407.5:1 of the Code of Virginia, relating to health insurance; coverage for prescription contraceptives.

18104374D

S.B. 916 Health benefit plans; sale by authorized foreign health insurers.

Patron: Chase


Health benefit plans; sale by authorized foreign health insurers. Establishes a procedure by which the State Corporation Commission may authorize health insurers licensed to sell health benefit plans in any other state to sell health benefit plans in Virginia without obtaining a license to engage in the business of insurance in Virginia or complying with other requirements applicable to Virginia-licensed insurers. A health benefit plan sold by an authorized foreign health insurer is not be required to include state-mandated health benefits. The measure establishes criteria to be used by the Commission in determining whether to authorize a foreign health insurer to sell, offer, or provide a health benefit plan in the Commonwealth. The measure authorizes the Commission to conduct market conduct and financial condition examinations of any foreign health insurer that has applied for, or has received, authorization to sell health benefit plans in Virginia. The measure also specifies disclosures that an authorized foreign health insurer is required to include in applications and policies. The measure has a delayed effective date of January 1, 2019.

A BILL to amend and reenact § 38.2-1802 of the Code of Virginia and to amend the Code of Virginia by adding in Title 38.2 a chapter numbered 64, consisting of sections numbered 38.2-6400 through 38.2-6405, relating to the sale of health benefit plans by insurers licensed only in other states.

18104036D

S.B. 933 Health insurance; copayments for prescription drugs, disclosures.

Patron: Saslaw

Health insurance; copayments for prescription drugs; disclosures. Prohibits any contract between a health carrier or its pharmacy benefits manager and a pharmacy or pharmacist from containing a provision that requires an enrollee to make a copayment for a covered prescription drug in an amount that exceeds the lesser of (i) the applicable copayment for the prescription drug or (ii) the cash price the enrollee would pay for the prescription drug if the enrollee purchased the prescription drug without using the enrollee's health plan. The measure applies to provider contracts entered into, amended, extended, or renewed on or after January 1, 2019.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.15:4, relating to carrier business practices; contracts with pharmacies and pharmacists; amounts charged to an enrollee for covered prescription drugs; disclosure of less expensive alternatives to using enrollee's health plan.

18104784D

S.B. 934 Benefits consortium; formation by a sponsoring association.

Patron: Dunnavant

Benefits consortium. Authorizes an association organized as a nonstock corporation whose members are employers conducting business in the Commonwealth to sponsor a trust. The measure authorizes the trust, called a benefits consortium, to sell benefits plans to its members. To be eligible to sponsor a plan, the association is required to have been actively in existence for 10 years, have at least five members, have been formed for purposes other than obtaining or providing health benefits, and operate as a nonprofit entity. The benefits plans may provide medical prescription drug, dental, and vision coverage for the employees of members and the sponsoring association and their dependents. The benefits may be self-funded or purchased from an insurer. The benefits consortium will be a multiple employer welfare arrangement subject to the provisions of the federal Employee Retirement Income Security Act of 1974. The measure exempts the benefits consortium from state taxation and insurance regulations.

A BILL to amend the Code of Virginia by adding in Title 59.1 a chapter numbered 52, consisting of sections numbered 59.1-571 through 59.1-574, relating to the formation of a benefits consortium by a sponsoring association.

18104849D

S.B. 935 Group health benefit plans; bona fide associations.

Patrons: Dunnavant, Wagner

Group health benefit plans; bona fide associations. Removes the definition of and references to "bona fide association" as used in provisions applicable to health care plans in the small employer market. The measure also excludes plans provided by a multiple employer welfare arrangement from the scope of the definition of a health benefit plan.

A BILL to amend and reenact §§ 38.2-508, 38.2-3431, 38.2-3432.1, 38.2-3432.2, and 38.2-3432.3 of the Code of Virginia, relating to group health benefit plans; bona fide associations.

18104924D

S.B. 948 Net neutrality; an entity engaged in provision of broadband Internet access services.

Patron: Wexton

Net neutrality. Provides that an entity engaged in the provision of broadband Internet access service in the Commonwealth shall not (i) block lawful content, applications, services, or nonharmful devices, subject to reasonable network management; (ii) impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management; (iii) engage in paid prioritization; or (iv) unreasonably interfere with or unreasonably disadvantage (a) end users' ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of their choice or (b) edge providers' ability to make lawful content, applications, services, or devices available to end users.

The bill also provides that except as provided in certain limited circumstances, a provider shall not knowingly disclose certain personally identifiable information concerning a consumer of the Internet service provider.

A BILL to amend the Code of Virginia by adding in Article 7 of Chapter 21 of Title 15.2 a section numbered 15.2-2161, relating to net neutrality.

18104597D

S.B. 964 Health insurance; catastrophic health plans.

Patron: Sturtevant

Health insurance; catastrophic health plans. Requires health carriers to offer catastrophic plans in the individual market in every locality in the Commonwealth in which they offer any health benefit plan. A catastrophic plan is a high-deductible health care plan that provides essential health benefits and coverage for at least three primary care visits per policy year. Under the federal Affordable Care Act, catastrophic plans satisfy requirements that health benefit plans provide minimum levels of coverage only if they cover individuals who are under 30 years of age or who qualify for a hardship exemption or affordability exemption. The measure requires the Secretary of Health and Human Resources to apply to the federal government for a state innovation waiver allowing the implementation of the provision. The provision will become effective 30 days after the Secretary notifies persons that the request has been approved.

A BILL to amend the Code of Virginia by adding a section numbered 38.2-3446.1, relating to health insurance; catastrophic plans.

18104904D