Bill Text: VA HB2107 | 2017 | Regular Session | Chaptered
Bill Title: Health Insurance Reform Commission; assessment sent to Bureau of Insurance.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2017-03-13 - Governor: Acts of Assembly Chapter text (CHAP0485) [HB2107 Detail]
Download: Virginia-2017-HB2107-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §30-343 of the Code of Virginia is amended and reenacted as follows:
§30-343. (Expires July 1, 2017) Standing committees to request Commission assessment.
A. Whenever a legislative measure containing a mandated health insurance benefit or provider is proposed that is not identical or substantially similar to a legislative measure previously reviewed by the Commission within the three-year period immediately preceding the then-current session of the General Assembly, the Chairman of the House or Senate Committee on Commerce and Labor having jurisdiction over the proposal shall (i) request that the Commission assess the proposal and (ii) send a copy of such request to the Bureau of Insurance of the State Corporation Commission (the Bureau). The Commission shall be given a period of 24 months to complete and submit its assessment. A report summarizing the Commission's assessment shall be forwarded to the Chairman of the standing committee that requested the assessment.
B. Upon receipt of a copy of such a request, the
Commission shall request the Bureau of Insurance of the State
Corporation Commission (the Bureau) to shall prepare an analysis of
the extent to which the proposed mandate is currently available under qualified
health plans in the Commonwealth and advise the Commission as to whether, on
the basis of that analysis, the applicable agency has determined or would
likely determine, in accordance with applicable federal rules, that the proposed
mandate exceeds the scope of the essential health benefits. The Bureau's
analysis shall be advisory only and not binding upon the Commission, the
Bureau, the State Corporation Commission, or any other parties. As used in this
section, "applicable agency" means the governmental agency that in
accordance with applicable federal rules is responsible for identifying
state-mandated benefits that are in addition to the essential health benefits.
If the applicable federal rules require an agency of the Commonwealth to
identify the state-mandated benefits that are in addition to the essential
health benefits but do not identify a specific agency that is responsible for
making such identification, the Bureau shall be the applicable agency.
C. Upon request of the Commission, the Bureau and the Joint Legislative Audit and Review Commission shall jointly assess the social and financial impact and the medical efficacy of the proposed mandate, which assessment shall include an estimate of the effects of enactment of the proposed mandate on the costs of health coverage in the Commonwealth, including any estimated additional costs that the Commonwealth may be responsible for pursuant to §1311(d)(3)(B) of the Patient Protection and Affordable Care Act should the proposed mandate ultimately be determined by the applicable agency to be a benefit that exceeds the scope of the essential health benefits. Upon completion of the assessment by the Bureau and the Joint Legislative Audit and Review Commission, the Commission may make a recommendation regarding its support of or opposition to the enactment of the proposed mandate. The Commission's recommendation may address whether the proposed mandate should be provided under health care plans offered through a health benefit exchange or outside a health benefit exchange.
The Commission shall be given a period of 24 months to complete and submit its assessment. A report summarizing the Commission's study shall be forwarded to the Governor and the General Assembly.
D. Whenever a legislative measure containing a mandated health insurance benefit or provider is identical or substantially similar to a legislative measure previously reviewed by the Commission within the three-year period immediately preceding the then-current session of the General Assembly, the standing committee may request the Commission to study the measure as provided in subsection A.
2. That §30-346 of the Code of Virginia is repealed.