VA HB2443 | 2019 | Regular Session


Spectrum: Partisan Bill (Republican 1-0)
Status: Vetoed on May 2 2019 - 100% progression
Action: 2019-05-02 - Governor: Vetoed by Governor
Text: Latest bill text (Conference Sub) [HTML]


Group health benefit plans; bona fide associations; benefits consortium. Provides that certain trusts constitute a benefits consortium and are authorized to sell health benefits plans to members of a sponsoring association that is a nonstock corporation, has five or more members participating in one or more benefits plans, has been formed for purposes other than obtaining or providing health benefits, and operates as a nonprofit entity under ?§501(c)(6) of the federal Internal Revenue Code. The bill provides that a person may be a member of sponsoring association if he conducts business operations within the Commonwealth, employs individuals who reside in the Commonwealth, and is a member of the sponsoring association. The bill provides that the trust is subject to the federal Employee Retirement Income Security Act of 1974 and U.S. Department of Labor regulations applicable to multiple employer welfare arrangements and to the authority of the U.S. Department of Labor to enforce such law and regulations. The bill (i) prohibits a self-funded multiple employer welfare arrangement (MEWA) from issuing health benefit plans in the Commonwealth until it has obtained a license from the State Corporation Commission; (ii) provides that health benefit plans issued by a self-funded MEWA shall be subject to taxes and maintenance assessments levied upon insurance companies; (iii) provides that health benefit plans issued by a self-funded MEWA are subject to protections of and other provisions of the Virginia Life, Accident and Sickness Insurance Guaranty Association; (iv) makes domestic self-funded MEWAs subject to all financial and solvency requirements imposed by provisions of Title 38.2 on domestic insurers unless domestic self-funded MEWAs are otherwise specifically exempted; and (v) provides that health benefit plans issued by a self-funded MEWA shall be exempt from all statutory requirements relating to insurance premium rates, policy forms, and policy cancellation and nonrenewal. The bill provides that the sponsoring association shall not, by virtue of its sponsorship of the benefits consortium or any benefits plan, be subject to the insurance laws of the Commonwealth or the tax levied on insurance companies pursuant to ?§58.1-2501. The measure removes the requirements that an association to which a group accident and sickness insurance policy is issued has at the outset a minimum of 100 persons, has been organized and maintained in good faith for purposes other than that of obtaining insurance, and has been in active existence for at least five years. The measure also replaces references to "bona fide association," as used in provisions applicable to health care plans in the small employer market, with the term "sponsoring association."

Tracking Information

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Group health benefit plans; bona fide associations, etc.


Roll Calls

2019-04-03 - House - House: VOTE: REJECTED (34-Y 64-N) (Y: 34 N: 64 NV: 2 Abs: 0) [FAIL]
2019-02-18 - House - House: VOTE: ADOPTION (67-Y 30-N) (Y: 67 N: 30 NV: 2 Abs: 0) [PASS]
2019-02-14 - Senate - Senate: Passed Senate with substitute with amendment (29-Y 11-N) (Y: 29 N: 11 NV: 0 Abs: 0) [PASS]
2019-02-13 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2019-02-11 - Senate - Senate: Reported from Commerce and Labor with substitute (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-05 - House - House: VOTE: PASSAGE (67-Y 31-N) (Y: 67 N: 31 NV: 1 Abs: 0) [PASS]
2019-01-31 - House - House: Reported from Commerce and Labor with substitute (15-Y 4-N) (Y: 15 N: 4 NV: 3 Abs: 0) [PASS]
2019-01-29 - House - House: Subcommittee recommends reporting with substitute (5-Y 2-N) (Y: 5 N: 2 NV: 1 Abs: 0) [PASS]


2019-05-02 Governor: Vetoed by Governor
2019-04-03 Governor: Governor's Action Deadline Midnight, May 3, 2019
2019-04-03HouseCommunicated to Governor
2019-04-03HouseVOTE: REJECTED (34-Y 64-N)
2019-04-03HouseHouse rejected Governor's recommendation (34-Y 64-N)
2019-04-03HousePlaced on Calendar
2019-03-26HouseGovernor's substitute printed 19107827D-H3
2019-03-26HouseGovernor's recommendation received by House
2019-02-28 Governor: Governor's Action Deadline Midnight, March 26, 2019
2019-02-28HouseEnrolled Bill communicated to Governor on February 28, 2019
2019-02-21SenateSigned by President
2019-02-21HouseSigned by Speaker
2019-02-21HouseBill text as passed House and Senate (HB2443ER)
2019-02-18HouseVOTE: ADOPTION (67-Y 30-N)
2019-02-18HouseSenate substitute with amendment agreed to by House 19106849D-S1 (67-Y 30-N)
2019-02-18HousePlaced on Calendar
2019-02-14SenatePassed Senate with substitute with amendment (29-Y 11-N)
2019-02-14SenateEngrossed by Senate - committee substitute with amendment HB2443S1
2019-02-14SenateAmendment by Senator Wagner agreed to
2019-02-14SenateReading of amendment waived
2019-02-14SenateCommittee substitute agreed to 19106849D-S1
2019-02-14SenateReading of substitute waived
2019-02-14SenateRead third time
2019-02-13SenateConstitutional reading dispensed (39-Y 0-N)
2019-02-11SenateCommittee substitute printed 19106849D-S1
2019-02-11SenateReported from Commerce and Labor with substitute (15-Y 0-N)
2019-02-06SenateReferred to Committee on Commerce and Labor
2019-02-06SenateConstitutional reading dispensed
2019-02-05HouseVOTE: PASSAGE (67-Y 31-N)
2019-02-05HouseRead third time and passed House (67-Y 31-N)
2019-02-04HouseEngrossed by House - floor substitute HB2443H2
2019-02-04HouseSubstitute by Delegate Wilt agreed to 19106408D-H2
2019-02-04HouseCommittee substitute rejected 19105509D-H1
2019-02-04HouseRead second time
2019-02-04HouseFloor substitute printed 19106408D-H2 (Wilt)
2019-02-03HouseRead first time
2019-01-31HouseReported from Commerce and Labor with substitute (15-Y 4-N)
2019-01-31HouseCommittee substitute printed 19105509D-H1
2019-01-29HouseSubcommittee recommends reporting with substitute (5-Y 2-N)
2019-01-15HouseAssigned C & L sub: Subcommittee #1
2019-01-09HouseReferred to Committee on Commerce and Labor
2019-01-09HousePrefiled and ordered printed; offered 01/09/19 19101684D

Code Citations

ChapterArticleSectionCitation TypeStatute Text
3823430.6(n/a)See Bill Text
3823430.7(n/a)See Bill Text
3823431(n/a)See Bill Text
3823432.1(n/a)See Bill Text
3823432.2(n/a)See Bill Text
3823432.3(n/a)See Bill Text
382508.5(n/a)See Bill Text

Virginia State Sources

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Bill Comments