Virginia Health Benefit Exchange; created. (HB1428)

Introduced By

Del. Mark Sickles (D-Alexandria) with support from 19 copatrons, whose average partisan position is:

Those copatrons are Del. Dawn Adams (D-Richmond), Del. Alex Askew (D-Virginia Beach), Del. Hala Ayala (D-Woodbridge), Del. Dan Helmer (D-Fairfax Station), Del. Patrick Hope (D-Arlington), Del. Sally Hudson (D-Charlottesville), Del. Mark Keam (D-Vienna), Del. Alfonso Lopez (D-Arlington), Del. Delores McQuinn (D-Richmond), Del. Ken Plum (D-Reston), Del. Cia Price (D-Newport News), Del. Ibraheem Samirah (D-Herndon), Del. Marcus Simon (D-Falls Church), Del. Shelly Simonds (D-Newport News), Del. Roslyn Tyler (D-Jarratt), Del. Vivian Watts (D-Annandale), Del. Rodney Willett (D-Henrico), Sen. Lashrecse D. Aird (D-Petersburg), Sen. Suhas Subramanyam (D-Ashburn)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Virginia Health Benefit Exchange. Creates the Virginia Health Benefit Exchange, which will be established and operated by a new division within the State Corporation Commission (SCC). The Exchange shall facilitate the purchase and sale of qualified health plans and qualified dental plans to qualified individuals and qualified employers. The Exchange shall make qualified plans available to qualified individuals and qualified employers by July 1, 2023, unless the SCC postpones this date. The measure authorizes the SCC to review and approve accident and sickness insurance premium rates applicable to health benefit plans in the individual and small group markets and health benefit plans providing health insurance coverage in the individual market through certain non-employer group plans. The Exchange will be funded by an assessment on health insurers, which is limited to three percent of total monthly premiums, except the SCC may, after a public hearing, adjust the rate as necessary to ensure the Exchange is fully funded. A health plan will not be required to cover any state-mandated health benefit if federal law does not require it to be covered as part of the essential benefits package. The essential health benefits are items and services included in the benchmark health insurance plan, which is the largest plan in the largest product in the Commonwealth's small group market as supplemented in order to provide coverage for the items and services within the statutory essential health benefits categories. The SCC 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 (§ 2.2-4300 et seq.). The measure repeals a provision enacted in 2013 that prohibits an agent, employee, officer, or agency of the Commonwealth from taking any action to establish a health benefit exchange. The measure requires the Department of Taxation to include on the appropriate individual tax return forms a checkoff box or similar mechanism for indicating whether the individual, or spouse in the case of a married taxpayer filing jointly, or any dependent of the individual (i) is an uninsured individual at the time the return is filed and (ii) voluntarily consents to the Department of Taxation providing the individual's tax information to the Department of Medical Assistance Services for purposes of affirming that the individual, the individual's spouse, or any dependent of the individual meets the income eligibility for medical assistance. Finally, the measure requires the Secretary of Health and Human Resources to convene a work group that includes representatives from the SCC, the Department of Medical Assistance Services, the Department of Social Services, and the Department of Taxation and a consumer advocate to develop systems, policies, and practices to leverage state income tax returns to facilitate the enrollment of eligible individuals in insurance affordability programs through the Virginia Health Benefit Exchange established in this measure. The Secretary shall report the work group's recommendations to the Governor and the General Assembly by September 15, 2020. This measure is identical to SB 732. Read the Bill »


Bill Has Passed


01/08/2020Prefiled and ordered printed; offered 01/08/20 20105193D
01/08/2020Referred to Committee on Labor and Commerce
01/16/2020Impact statement from SCC (HB1428)
01/16/2020Assigned L & C sub: Subcommittee #2
02/04/2020Impact statement from SCC (HB1428)
02/04/2020House subcommittee amendments and substitutes offered
02/04/2020Subcommittee recommends reporting with substitute (4-Y 3-N)
02/04/2020Subcommittee recommends referring to Committee on Appropriations
02/06/2020Committee substitute printed 20107482D-H1
02/06/2020Reported from Labor and Commerce with substitute (13-Y 9-N) (see vote tally)
02/06/2020Referred to Committee on Appropriations
02/07/2020Assigned App. sub: Health & Human Resources
02/07/2020House subcommittee amendments and substitutes offered
02/07/2020Subcommittee recommends reporting with amendments (5-Y 3-N)
02/07/2020Reported from Appropriations with amendments (15-Y 7-N) (see vote tally)
02/09/2020Read first time
02/10/2020Read second time
02/10/2020Committee on Labor and Commerce substitute agreed to 20107482D-H1
02/10/2020Committee on Appropriations amendments agreed to
02/10/2020Engrossed by House - committee substitute with amendments HB1428EH1
02/10/2020Printed as engrossed 20107482D-EH1
02/11/2020Impact statement from DPB (HB1428)
02/11/2020Impact statement from DPB (HB1428EH1)
02/11/2020Impact statement from DPB (HB1428H1)
02/11/2020Read third time and passed House (56-Y 44-N)
02/11/2020VOTE: Passage (56-Y 44-N) (see vote tally)
02/12/2020Constitutional reading dispensed
02/12/2020Referred to Committee on Commerce and Labor
02/13/2020Impact statement from SCC (HB1428EH1)
02/17/2020Reported from Commerce and Labor with substitute (12-Y 2-N) (see vote tally)
02/17/2020Committee substitute printed 20108492D-S1
02/17/2020Rereferred to Finance and Appropriations
02/25/2020Reported from Finance and Appropriations with substitute (13-Y 0-N 1-A) (see vote tally)
02/25/2020Committee substitute printed 20109030D-S2
02/26/2020VOTE: Adoption (53-Y 41-N) (see vote tally)
02/26/2020Impact statement from SCC (HB1428EH1)
02/26/2020Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/26/2020Read third time
02/26/2020Committee substitute rejected 20108492D-S1
02/26/2020Reading of substitute waived
02/26/2020Committee substitute agreed to 20109030D-S2
02/26/2020Reading of amendments waived
02/26/2020Amendments by Senator Hanger rejected (20-Y 20-N) (see vote tally)
02/26/2020Chair votes No
02/26/2020Engrossed by Senate - committee substitute HB1428S2
02/26/2020Passed Senate with substitute (23-Y 17-N) (see vote tally)
02/26/2020Senate substitute agreed to by House 20109030D-S2 (53-Y 41-N)
03/02/2020Impact statement from SCC (HB1428S2)
03/03/2020Bill text as passed House and Senate (HB1428ER)
03/03/2020Signed by Speaker
03/04/2020Signed by President
03/05/2020Impact statement from SCC (HB1428ER)
03/12/2020Enrolled Bill communicated to Governor on March 12, 2020
03/12/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
04/09/2020G Approved by Governor-Chapter 916 (effective 7/1/20)
04/09/2020G Acts of Assembly Chapter text (CHAP0916)