VA HB768 | 2022 | Regular Session

Status

Completed Legislative Action
Spectrum: Strong Partisan Bill (Republican 12-1)
Status: Passed on April 11 2022 - 100% progression
Action: 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0349)
Text: Latest bill text (Chaptered) [HTML]

Summary

Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee that is domiciled in the Commonwealth or self-employed individuals; (ii) membership in the association not be conditioned on any health status–related factor; (iii) the coverage offered through the association be available to all members regardless of any health status–related factor; (iv) the association not make health insurance coverage offered through the association available other than in connection with a member of the association; and (v) premiums for the policy be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members. The bill also requires that the association (a) has at the outset a minimum of 25,000 members; (b) has been organized and maintained in good faith for purposes other than that of obtaining insurance; (c) has been in active existence for at least five years; and (d) has a constitution and bylaws that provide that the association hold regular meetings not less than annually to further purposes of the members, that the association collects dues or solicits contributions from members, and that the members have voting privileges and representation on the governing board and committees. Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee that is domiciled in the Commonwealth or self-employed individuals; (ii) membership in the association not be conditioned on any health status–related factor; (iii) the coverage offered through the association be available to all members regardless of any health status–related factor; (iv) the association not make health insurance coverage offered through the association available other than in connection with a member of the association; and (v) premiums for the policy be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members. The bill also requires that the association (a) has at the outset a minimum of 25,000 members; (b) has been organized and maintained in good faith for purposes other than that of obtaining insurance; (c) has been in active existence for at least five years; and (d) has a constitution and bylaws that provide that the association hold regular meetings not less than annually to further purposes of the members, that the association collects dues or solicits contributions from members, and that the members have voting privileges and representation on the governing board and committees. The bill provides that any such policy shall (1) be considered a large group market plan subject to all coverage mandates applicable to a large group market plan, (2) be subject to the group health plan coverage requirements under the federal Patient Protection and Affordable Care Act, (3) be prohibited from denying coverage under the policy on the basis of a pre-existing condition, (4) be guaranteed issue and guaranteed renewable, (5) provide essential health benefits and cost-sharing requirements, and (6) offer a minimum level of coverage designed to provide benefits that are actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan. The bill requires an insurer issuing such policy to an association to (A) treat all of the members and employees of employer members who are enrolled in coverage under the policy as a single risk pool; (B) set premiums on the basis of the collective group experience of the members and employees of employer members who are enrolled in coverage under the policy; (C) not vary premiums by age, except that the rate shall not vary by more than four to one for adults; (D) not vary premiums on the basis of gender; (E) not vary premiums on the basis of the health status of an individual employee of an employer member or a self-employed individual member; and (F) not establish discriminatory rules based on the health status of an employer member, an individual employee of an employer member, or a self-employed individual for eligibility or contribution. Finally, the bill provides that a policy that meets certain requirements of the bill is considered to be compliant with the large group market insurance regulations under the federal Public Health Service Act and, as such, the Commonwealth is considered to be substantially enforcing the federal Patient Protection and Affordable Care Act with regard to such policy. The bill requires the State Corporation Commission to regulate the policy in a manner that is consistent with such provisions. The bill provides that, in any case in which a federal agency renders a decision that is contrary to such provisions, notwithstanding any other provision of law, the Attorney General may resolve any difference between federal law and the laws of the Commonwealth.

Tracking Information

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Title

Health insurance; association health plan for real estate salespersons.

Sponsors


Roll Calls

2022-02-28 - House - House: VOTE: Adoption (95-Y 2-N) (Y: 95 N: 2 NV: 0 Abs: 3) [PASS]
2022-02-24 - Senate - Senate: Passed Senate with amendments (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-23 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-21 - Senate - Senate: Reported from Commerce and Labor with amendments (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2022-02-02 - House - House: VOTE: Passage #2 (97-Y 2-N) (Y: 97 N: 2 NV: 0 Abs: 1) [PASS]
2022-02-02 - House - House: VOTE: Passage (95-Y 4-N) (Y: 95 N: 4 NV: 0 Abs: 1) [PASS]
2022-02-02 - House - House: VOTE: Passage #2 (97-Y 2-N) (Y: 97 N: 2 NV: 0 Abs: 1) [PASS]
2022-02-02 - House - House: VOTE: Passage (95-Y 4-N) (Y: 95 N: 4 NV: 0 Abs: 1) [PASS]
2022-01-27 - House - House: Reported from Commerce and Energy (20-Y 1-N) (Y: 20 N: 1 NV: 0 Abs: 1) [PASS]

History

DateChamberAction
2022-04-11 Governor: Acts of Assembly Chapter text (CHAP0349)
2022-04-11 Governor: Approved by Governor-Chapter 349 (effective 7/1/22)
2022-03-11 Governor: Governor's Action Deadline 11:59 p.m., April 11, 2022
2022-03-11HouseEnrolled Bill communicated to Governor on March 11, 2022
2022-03-03SenateSigned by President
2022-03-02HouseSigned by Speaker
2022-03-02HouseBill text as passed House and Senate (HB768ER)
2022-03-02HouseEnrolled
2022-02-28HouseVOTE: Adoption (95-Y 2-N)
2022-02-28HouseSenate amendments agreed to by House (95-Y 2-N)
2022-02-24SenatePassed Senate with amendments (40-Y 0-N)
2022-02-24SenateEngrossed by Senate as amended
2022-02-24SenateAmendment by Senator Barker agreed to
2022-02-24SenateReading of amendment waived
2022-02-24SenateRead third time
2022-02-23SenateConstitutional reading dispensed (40-Y 0-N)
2022-02-21SenateReported from Commerce and Labor with amendments (15-Y 0-N)
2022-02-03SenateReferred to Committee on Commerce and Labor
2022-02-03SenateConstitutional reading dispensed
2022-02-02HouseVOTE: Passage #2 (97-Y 2-N)
2022-02-02HousePassed House (97-Y 2-N)
2022-02-02HouseReconsideration of passage agreed to by House
2022-02-02HouseVOTE: Passage (95-Y 4-N)
2022-02-02HouseRead third time and passed House (95-Y 4-N)
2022-02-01HouseRead second time and engrossed
2022-01-31HouseRead first time
2022-01-27HouseReported from Commerce and Energy (20-Y 1-N)
2022-01-11HouseReferred to Committee on Commerce and Energy
2022-01-11HousePrefiled and ordered printed; offered 01/12/22 22104139D

Same As/Similar To

SB335 (Same As) 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0350)

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
3823521.1(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB768
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+HB768+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+HB768ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?221+ful+CHAP0349+hil
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/22106784A.pdf
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?221+amd+HB768AS
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?221+amd+HB768ASE
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+oth+HB768F171+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+oth+HB768FER171+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+H23V0039+HB0768
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+HV0346+HB0768
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+HV0350+HB0768
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+HV0381+HB0768
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+HV0385+HB0768
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+S02V0108+HB0768
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+SV0558HB0768+HB0768
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+SV0564HB0768+HB0768
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?221+vot+HV1252+HB0768

Bill Comments

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