(Proposed by the House Committee on Labor and Commerce
on February 25, 2020)
(Patron Prior to Substitute--Senator Dunnavant)
A BILL to amend the Code of Virginia by adding a section numbered 38.2-3407.11:4, relating to disability insurance; coverage for disability arising out of childbirth.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 38.2-3407.11:4. as follows:

§38.2-3407.11:4. Disability arising out of childbirth; minimum benefit.

A. Each insurer proposing to issue individual or group accident and sickness insurance policies providing short-term disability income protection coverage whose policies provide coverage for short-term disability arising out of childbirth shall provide coverage for a payable benefit of at least 12 weeks immediately following childbirth for such a disability.

B. The provisions of this section shall apply to any policy delivered or issued for delivery in the Commonwealth on and after July 1, 2021.

2. That the State Corporation Commission (the Commission) shall solicit comments from insurance industry stakeholders on the impact of this act on current and future short-term disability policyholders. The Commission shall request industry stakeholders to identify (i) potential private options for creating a standalone maternity leave benefit and (ii) potential private options for creating a paid family leave policy. The Commission shall provide a report of such comments to the Chairs of the House Committee on Labor and Commerce and the Senate Committee on Commerce and Labor prior to December 1, 2020.