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Home » US Law » 2022 Code of Virginia » Title 38.2 - Insurance » Chapter 65 - Virginia Health Benefit Exchange

§ 38.2-6500. Definitions

As used in this chapter, unless the context requires a different meaning: “American Health Benefit Exchange” means the program established as a component of the Exchange pursuant to this chapter that is designed to facilitate the purchase of qualified health plans or qualified dental plans by qualified individuals. “Bureau” means the Bureau of Insurance, a […]

§ 38.2-6501. Exchange objectives

The Virginia Health Benefit Exchange shall make qualified health plans and qualified dental plans available to qualified individuals in the Commonwealth and provide for the establishment of a Small Business Health Options Program to assist qualified small employers in the Commonwealth in facilitating the enrollment of their eligible employees in qualified health plans and qualified […]

§ 38.2-6502. Division established; Exchange created

A. The Commission shall establish the Health Benefit Exchange Division as a separate division within the Commission. The Virginia Health Benefit Exchange shall be established and administered by the Commission, through the Division, in compliance with the requirements of this chapter and the Federal Act. The Exchange shall facilitate the purchase and sale of qualified […]

§ 38.2-6503. Advisory Committee

A. There is hereby established an Advisory Committee in accordance with § 1311 (d) of the Federal Act and 45 C.F.R. § 155.110 to advise and provide recommendations to the Commission and the Director in carrying out the purposes and duties of the Exchange. The Committee shall consist of up to 15 members. Members shall […]

§ 38.2-6504. Exchange requirements

A. The Exchange shall make qualified health plans and qualified dental plans available to qualified individuals and qualified employers, beginning on a date set by the Commission, which date shall not be later than January 1, 2023, unless the Commission determines that postponement of such date is necessary to complete the establishment of the Exchange. […]

§ 38.2-6505. Duties of Exchange

The Exchange shall: 1. Implement procedures for the certification, recertification, and decertification of qualified health plans and qualified dental plans consistent with guidelines developed by the Secretary under § 1311(c) of the Federal Act and § 38.2-6506; 2. Provide for enrollment periods under § 1311(c)(6) of the Federal Act; 3. Provide for the operation of […]

§ 38.2-6506. Certification of health benefit plans as qualified health plans

A. The Exchange, in consultation with the Bureau, shall certify a health benefit plan as a qualified health plan, unless the Exchange determines that making the plan available through the Exchange is not in the interest of qualified individuals and qualified employers in the Commonwealth, if: 1. The plan provides health benefits in the essential […]

§ 38.2-6507. Appeal of decertification or denial of certification

A. The Exchange shall give each health carrier the opportunity to appeal a decertification decision or the denial of certification as a qualified health plan or qualified dental plan. B. The Exchange shall give each health carrier that appeals a decertification decision or the denial of certification the opportunity for: 1. The submission and consideration […]

§ 38.2-6508. Open enrollment periods

Health carriers shall be permitted to utilize open enrollment periods outside of an Exchange as permitted inside of an Exchange pursuant to § 1311(c)(6) of the Federal Act. 2020, cc. 916, 917.

§ 38.2-6509. Choice

A. In accordance with § 1312(f)(2)(A) of the Federal Act, a qualified employer may either designate one or more qualified health plans from which its eligible employees may choose or designate any level of coverage to be made available to eligible employees through an Exchange. B. In accordance with § 1312(b) of the Federal Act, […]

§ 38.2-6510. Health Insurance Exchange Fund; assessment

A. The Exchange shall be authorized to fund its operations through (i) special fund revenues generated by assessment fees on health carriers offering plans through the Exchange, (ii) funds described in subsection H, or (iii) such funds as the General Assembly may from time to time appropriate. All such funds received under this section and […]

§ 38.2-6511. Procurement, contracting, and personnel

A. The Commission may contract with other eligible entities and enter into memoranda of understanding with other agencies of the Commonwealth to carry out any of the functions of the Exchange, including agreements with other states or federal agencies to perform joint administrative functions. Such contracts are not subject to the Virginia Public Procurement Act […]

§ 38.2-6512. Confidentiality

A. Notwithstanding any other provision of law, the records of the Exchange shall be open to public inspection, except that the following information shall not be subject to disclosure: (i) the names and applications of individuals and employers seeking coverage through the Exchange, (ii) individuals’ health information, (iii) information exchanged between the Exchange and any […]

§ 38.2-6513. Navigators

A. No person shall act as a Navigator unless the person is registered pursuant to Article 7 (§ 38.2-3455 et seq.) of Chapter 34 and is certified by either the U.S. Department of Health and Human Services or the Exchange. B. The Exchange shall establish a program under which it shall award grants to Navigators […]

§ 38.2-6514. Certified application counselors

A. The Exchange shall establish a Certified Application Counselor program pursuant to 45 C.F.R. § 155.225 and shall (i) certify individuals as certified application counselors to perform specified duties, (ii) designate an organization to certify individuals as certified application counselors to perform specified duties, or (iii) implement a combination both clause (i) and (ii). B. […]

§ 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 […]