§ 38.2-6605. (Contingent effective date – see Editor’s note) Confidentiality of data
Data and information that an eligible carrier considers confidential proprietary information that is provided to the Commission pursuant to the provisions of this chapter shall be excluded from, and the Commission shall not be subject to, subpoena or public inspection with respect to such information. 2021, Sp. Sess. I, c. 480.
§ 38.2-6606. State Innovation Waiver request
A. The Commission shall apply to the appropriate federal agencies under 42 U.S.C. § 18052 for a State Innovation Waiver for benefit years beginning January 1, 2023, and future years, (i) to establish a reinsurance program, in accordance with the provisions of this chapter; (ii) to maximize federal pass-through funding for the reinsurance program; (iii) […]
§ 38.2-6602. (Contingent effective date – see Editor’s note) Commonwealth Health Reinsurance Program; established
A. The Commission shall implement a reinsurance program, known as the Commonwealth Health Reinsurance Program. Implementation and operation of the Program is contingent upon approval of the State Innovation Waiver submitted by the Commission in accordance with § 38.2-6606. If the State Innovation Waiver and federal funding request submitted by the Commission pursuant to § […]
§ 38.2-6603. (Contingent effective date – see Editor’s note) Accounting; reports
A. The Commission shall keep an accounting for each benefit year of all: 1. Funds appropriated for reinsurance payments and administrative and operational expenses; 2. Requests for reinsurance payments received from eligible carriers; 3. Reinsurance payments made to eligible carriers; and 4. Administrative and operational expenses incurred for the Program. B. By November 1 of […]
§ 38.2-6604. (Contingent effective date – see Editor’s note) Commonwealth Health Reinsurance Program Special Fund
A. The Commission shall be authorized to fund the operations of the Program and to fund other purposes to implement the approved State Innovation Waiver through funds provided to the Commonwealth pursuant to the State Innovation Waiver requested pursuant to § 38.2-6606 and all funds appropriated for such purpose. All funds received under this section […]
§ 38.2-6601. (Contingent effective date – see Editor’s note) Commission powers and duties; rules; report
A. The Commission shall have all the powers necessary to implement the provisions of this chapter and is specifically authorized to: 1. Enter into contracts as necessary or proper to carry out the provisions and purposes of this chapter, including contracts for the administration of the Program, as well as other approved initiatives under the […]
§ 38.2-6515. Regulations
The Commission shall promulgate regulations to implement the provisions of this chapter in accordance with the Commission’s rules of practice and procedure. Regulations promulgated under this section shall be consistent with applicable provisions of federal and state law. 2020, cc. 916, 917.
§ 38.2-6516. Reports
The Exchange, in collaboration with the Secretary of Health and Human Resources, shall submit a report by November 1 of each year to the Chairs of the Senate Committees on Commerce and Labor and Finance and Appropriations and the House Committees on Labor and Commerce and Appropriations that shall include information on (i) Exchange operations […]
§ 38.2-6517. Relation to other laws
Nothing in this chapter, and no action taken by the Exchange pursuant to this chapter, shall be construed to preempt or supersede the authority of the Commission to regulate the business of insurance within the Commonwealth. Except as expressly provided to the contrary in this chapter, all health carriers offering qualified health plans or qualified […]
§ 38.2-6600. (Contingent effective date – see Editor’s note) Definitions
As used in this chapter, unless the context requires a different meaning: “Affordable Care Act” means the Patient Protection and Affordable Care Act, P.L. 111-148, as amended by the Health Care and Education Reconciliation Act of 2010, P.L. 111-152, and as it may be further amended. “Allowed amount” has the same meaning as provided in […]