VA SB1689 | 2019 | Regular Session

Status

Spectrum: Partisan Bill (Republican 4-0)
Status: Vetoed on May 2 2019 - 100% progression
Action: 2019-05-02 - Governor: Vetoed by Governor
Text: Latest bill text (Conference Sub) [HTML]

Summary

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 without having any employees if the person is a sole proprietorship, a corporation with a single shareholder, or a limited liability company with a single member. 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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Title

Group health benefit plans; bona fide associations, benefits consortium.

Sponsors


Roll Calls

2019-04-03 - Senate - Senate: Senate rejected Governor's recommendation (6-Y 32-N) (Y: 6 N: 32 NV: 2 Abs: 0) [FAIL]
2019-02-20 - Senate - Senate: House amendments agreed to by Senate (28-Y 12-N) (Y: 28 N: 12 NV: 0 Abs: 0) [PASS]
2019-02-20 - Senate - Senate: Reconsideration of House amendments agreed to by Senate (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-20 - Senate - Senate: House amendments agreed to by Senate (33-Y 7-N) (Y: 33 N: 7 NV: 0 Abs: 0) [PASS]
2019-02-19 - House - House: VOTE: PASSAGE (61-Y 38-N) (Y: 61 N: 38 NV: 0 Abs: 0) [PASS]
2019-02-14 - House - House: Reported from Commerce and Labor with amendments (16-Y 3-N) (Y: 16 N: 3 NV: 3 Abs: 0) [PASS]
2019-02-05 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 1 Abs: 0) [PASS]
2019-02-05 - Senate - Senate: Passed Senate (28-Y 12-N) (Y: 28 N: 12 NV: 0 Abs: 0) [PASS]
2019-02-04 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2019-01-31 - Senate - Senate: Reported from Finance (12-Y 4-N) (Y: 12 N: 4 NV: 0 Abs: 0) [PASS]
2019-01-31 - Senate - Senate: Reported from Commerce and Labor with substitute (11-Y 4-N) (Y: 11 N: 4 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-05-02 Governor: Vetoed by Governor
2019-04-03 Governor: Governor's Action Deadline Midnight, May 3, 2019
2019-04-03SenateCommunicated to Governor
2019-04-03SenateSenate rejected Governor's recommendation (6-Y 32-N)
2019-03-26SenateGovernor's substitute printed 19107825D-S2
2019-03-26SenateGovernor's recommendation received by Senate
2019-03-04 Governor: Governor's Action Deadline Midnight, March 26, 2019
2019-03-04SenateEnrolled Bill Communicated to Governor on March 4, 2019
2019-02-23HouseSigned by Speaker
2019-02-23SenateSigned by President
2019-02-23SenateBill text as passed Senate and House (SB1689ER)
2019-02-23SenateEnrolled
2019-02-20SenateHouse amendments agreed to by Senate (28-Y 12-N)
2019-02-20SenateReconsideration of House amendments agreed to by Senate (40-Y 0-N)
2019-02-20SenateHouse amendments agreed to by Senate (33-Y 7-N)
2019-02-19HouseVOTE: PASSAGE (61-Y 38-N)
2019-02-19HousePassed House with amendments (61-Y 38-N)
2019-02-19HouseEngrossed by House as amended
2019-02-19HouseCommittee amendments agreed to
2019-02-19HouseRead third time
2019-02-18HouseRead second time
2019-02-14HouseReported from Commerce and Labor with amendments (16-Y 3-N)
2019-02-08HouseReferred to Committee on Commerce and Labor
2019-02-08HouseRead first time
2019-02-08HousePlaced on Calendar
2019-02-05SenatePassed Senate (28-Y 12-N)
2019-02-05SenateConstitutional reading dispensed (39-Y 0-N)
2019-02-05SenateEngrossed by Senate - committee substitute SB1689S1
2019-02-05SenateCommittee substitute agreed to 19106257D-S1
2019-02-05SenateReading of substitute waived
2019-02-05SenateRead second time
2019-02-04SenateConstitutional reading dispensed (40-Y 0-N)
2019-01-31SenateReported from Finance (12-Y 4-N)
2019-01-31SenateRereferred to Finance
2019-01-31SenateIncorporates SB1712 (Vogel)
2019-01-31SenateIncorporates SB1353 (Wagner)
2019-01-31SenateIncorporates SB1351 (Wagner)
2019-01-31SenateCommittee substitute printed 19106257D-S1
2019-01-31SenateReported from Commerce and Labor with substitute (11-Y 4-N)
2019-01-14SenateReferred to Committee on Commerce and Labor
2019-01-14SenatePresented and ordered printed 19103876D

Code Citations

ChapterArticleSectionCitation TypeStatute 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
3823521.1(n/a)See Bill Text
382508.5(n/a)See Bill Text
591571(n/a)See Bill Text
591574(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+sum+SB1689
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+SB1689+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+SB1689S1+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+SB1689ER+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?191+ful+SB1689S2+hil
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+vot+S02V0123+SB1689
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+vot+S05V0247+SB1689
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+vot+SV0353SB1689+SB1689
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+vot+SV0434SB1689+SB1689
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+vot+SV0418SB1689+SB1689
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+vot+H14V0194+SB1689
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+vot+HV3024+SB1689
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+vot+SV0882SB1689+SB1689
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+vot+SV0891SB1689+SB1689
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+vot+SV0892SB1689+SB1689
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?191+vot+SV1146SB1689+SB1689

Bill Comments

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