16104989D
SENATE BILL NO. 562
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Commerce and Labor
on February 8, 2016)
(Patron Prior to Substitute--Senator Norment)
A BILL to amend and reenact §38.2-3454.1 of the Code of
Virginia, relating to health benefits plans; amendments to federal law.
Be it enacted by the General Assembly of Virginia:
1. That §38.2-3454.1 of the Code of Virginia is amended and
reenacted as follows:
§38.2-3454.1. Sale or renewal or offer of health benefit plans;
special exception.
Notwithstanding any other provision of state law, a health
carrier may sell, issue, or offer to for sale or renew any
health benefit plan that would otherwise (i) not be permitted to be sold,
issued, or offered for sale or (ii) be required to be canceled,
discontinued, or terminated, because it the health benefit
plan does not meet the requirements of Title I of the federal Patient
Protection and Affordable Care Act (H.R. 3590), as amended by the Health Care
and Education Reconciliation Act of 2010 (P.L. 111-152) (the PPACA)
or regulations promulgated thereunder, to the extent and under the terms that
(a) the appropriate federal authority has suspended enforcement of
provisions of Title I of the PPACA or regulations promulgated thereunder or
(b) the requirements of the PPACA are amended by any federal law. This
section applies to health benefit plans sold or offered for sale in the
individual and group markets.
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