Health insurance; association health plan for real estate salespersons. (SB1341)

Introduced By

Sen. George Barker (D-Alexandria) with support from 6 copatrons, whose average partisan position is:

Those copatrons are Del. Dan Helmer (D-Fairfax Station), Sen. Bill DeSteph (R-Virginia Beach), Sen. Siobhan Dunnavant (R-Henrico), Sen. Monty Mason (D-Williamsburg), Sen. David Suetterlein (R-Salem), Sen. Jill Holtzman Vogel (R-Winchester)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee that is domiciled in the Commonwealth or self-employed individuals; (ii) membership in the association not be conditioned on any health status–related factor; (iii) the coverage offered through the association be available to all members regardless of any health status–related factor; (iv) the association not make health insurance coverage offered through the association available other than in connection with a member of the association; and (v) premiums for the policy be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members. The bill also requires the association (a) has at the outset a minimum of 100 members; (b) has been organized and maintained in good faith for purposes other than that of obtaining insurance; (c) has been in active existence for at least five years; and (d) has a constitution and bylaws that provide that the association hold regular meetings not less than annually to further purposes of the members, that the the association collects dues or solicits contributions from members, and that the members have voting privileges and representation on the governing board and committees. The bill provides that any such policy shall (1) be considered a large group market plan subject to all coverage mandates applicable to a large group market plan, (2) be subject to the group health plan coverage requirements under the federal Patient Protection and Affordable Care Act, (3) be prohibited from denying coverage under the policy on the basis of a pre-existing condition, (4) shall be guaranteed issue and guaranteed renewable, (5) provide essential health benefits and cost-sharing requirements, and (6) offer a minimum level of coverage designed to provide benefits that are actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan. The bill requires an insurer issuing such policy to an association to (A) treat all of the members and employees of employer members who are enrolled in coverage under the policy as a single risk pool; (B) set premiums on the basis of the collective group experience of the members and employees of employer members who are enrolled in coverage under the policy; (C) not vary premiums by age, except that the rate shall not vary by more than four to one for adults; (D) not vary premiums on the basis of gender; (E) not vary premiums on the basis of the health status of an individual employee of an employer member or a self-employed individual member; and (F) not establish discriminatory rules based on the health status of an employer member, an individual employee of an employer member, or a self-employed individual for eligibility or contribution. Finally, the bill provides that the State Corporation Commission retains its regulatory authority over any such association health plan and may impose insurance requirements, as it deems appropriate. Read the Bill »


03/01/2021: Failed to Pass in Committee


01/12/2021Prefiled and ordered printed; offered 01/13/21 21101123D
01/12/2021Referred to Committee on Commerce and Labor
02/01/2021Reported from Commerce and Labor (14-Y 1-N) (see vote tally)
02/03/2021Impact statement from SCC (SB1341)
02/03/2021Constitutional reading dispensed (37-Y 0-N) (see vote tally)
02/04/2021Senate committee, floor amendments and substitutes offered
02/04/2021Floor substitute printed 21104348D-S1 (Barker)
02/04/2021Read second time
02/04/2021Reading of substitute waived
02/04/2021Substitute by Senator Barker agreed to 21104348D-S1
02/04/2021Engrossed by Senate - floor substitute SB1341S1
02/05/2021Read third time and passed Senate (38-Y 1-N) (see vote tally)
02/05/2021Impact statement from SCC (SB1341S1)
02/07/2021Placed on Calendar
02/07/2021Read first time
02/07/2021Referred to Committee on Labor and Commerce
02/08/2021Continued to Special Session 1 in Labor and Commerce
02/10/2021Assigned L & C sub: Subcommittee #2
02/11/2021Subcommittee recommends no action
02/16/2021House subcommittee amendments and substitutes offered
02/18/2021Subcommittee recommends laying on the table (5-Y 3-N)
03/01/2021Left in Labor and Commerce