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2019 SESSION
19100803DBe it enacted by the General Assembly of Virginia:
1. § 1. That notwithstanding any provision of Title 38.2 of the Code of Virginia to the contrary, each health carrier, as defined in § 38.2-3438 of the Code of Virginia, shall be authorized to sell or offer for sale in the Commonwealth short-term, limited-duration health plans.
§ 2. As used in this act, "short-term, limited-duration health plan" means a health benefit plan, as defined in § 38.2-3438 of the Code of Virginia, that has an expiration date specified in the contract, policy, or plan that is less than 12 months after the original effective date of the contract, policy, or plan and, taking into account renewals or extensions, has a duration that does not exceed 36 months.
§ 3. The coverage provided to an individual under a short-term, limited-duration health plan shall satisfy any requirement of law or regulation that an individual obtain or maintain health insurance coverage.
§ 4. Any short-term, limited-duration health plan sold or offered for sale in the Commonwealth shall be exempt from:
1. The provisions of Article 6 (§ 38.2-3438 et seq.) of Chapter 34 of Title 38.2 of the Code of Virginia;
2. Any
provision of Title 38.2 of the Code of Virginia that provides an exemption for
a short-term policy, contract, or plan, regardless of whether such provision
states that the exemption applies to a short-term,
limited-duration policy, contract, or plan with any stated
expiration date that is less than 12 months after the original effective date
of the contract, policy, or plan and has a duration that does
not exceed 36 months; and
3. Each of the mandated health insurance benefits set forth in Article 2 (§ 38.2-3408 et seq.) of Chapter 34 of Title 38.2 the Code of Virginia, provided, however, that in lieu of any requirement that a health carrier provide coverage for a mandated benefit, the health carrier shall offer and make available the coverage for such benefit under the short-term, limited-duration health plan.
§ 5. Every
short-term, limited-duration health plan sold or
offered for sale in the Commonwealth shall include the following disclaimer
in at least 14-point type:
"This coverage is not required to comply with
certain federal market requirements for health insurance, principally those
contained in the Affordable Care Act. Be sure to check your policy carefully to
make sure you are aware of any exclusions or limitations regarding coverage of
preexisting conditions or health benefits (such as hospitalization, emergency
services, maternity care, preventive care, prescription drugs, and mental
health and substance use disorder services). Your policy might also have
lifetime and/or annual dollar limits on health benefits. If this coverage
expires or you lose eligibility for this coverage, you might have to wait until
an open enrollment period to get other health insurance coverage."