Health insurance; association health plan for real estate salespersons. (SB335)

Introduced By

Sen. George Barker (D-Alexandria) with support from co-patron Sen. Chap Petersen (D-Fairfax)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

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 that the association (a) has at the outset a minimum of 25,000 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 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) 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 a policy that meets certain requirements of the bill is considered to be compliant with the large group market insurance regulations under the federal Public Health Service Act and, as such, the Commonwealth is considered to be substantially enforcing the federal Patient Protection and Affordable Care Act with regard to such policy. The bill requires the State Corporation Commission to regulate the policy in a manner that is consistent with such provisions. The bill provides that, in any case in which a federal agency renders a decision that is contrary to such provisions, notwithstanding any other provision of law, the Attorney General may resolve any difference between federal law and the laws of the Commonwealth. This bill incorporates SB 397 and is identical to HB 768. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/11/2022Prefiled and ordered printed; offered 01/12/22 22104136D
01/11/2022Referred to Committee on Commerce and Labor
01/23/2022Impact statement from SCC (SB335)
01/24/2022Reported from Commerce and Labor with substitute (15-Y 0-N) (see vote tally)
01/24/2022Committee substitute printed 22105198D-S1
01/24/2022Incorporates SB397 (Cosgrove)
01/26/2022Constitutional reading dispensed (38-Y 0-N) (see vote tally)
01/27/2022Read second time
01/27/2022Reading of substitute waived
01/27/2022Committee substitute agreed to 22105198D-S1
01/27/2022Engrossed by Senate - committee substitute SB335S1
01/28/2022Read third time and passed Senate (39-Y 0-N) (see vote tally)
01/31/2022Impact statement from SCC (SB335S1)
02/21/2022Placed on Calendar
02/21/2022Read first time
02/21/2022Referred to Committee on Commerce and Energy
02/22/2022House committee, floor amendments and substitutes offered
02/22/2022Reported from Commerce and Energy with amendment(s) (22-Y 0-N) (see vote tally)
02/24/2022Read second time
02/25/2022House committee, floor amendments and substitutes offered
02/25/2022Read third time
02/25/2022Committee amendments agreed to
02/25/2022Amendment by Delegate Hodges agreed to
02/25/2022Engrossed by House as amended
02/25/2022Passed House with amendments (97-Y 2-N)
02/25/2022VOTE: Passage (97-Y 2-N) (see vote tally)
03/01/2022House amendments agreed to by Senate (40-Y 0-N) (see vote tally)
03/04/2022Enrolled
03/04/2022Bill text as passed Senate and House (SB335ER)
03/04/2022Signed by President
03/04/2022Signed by Speaker
03/07/2022Impact statement from SCC (SB335ER)
03/11/2022Enrolled Bill Communicated to Governor on March 11, 2022
03/11/2022G Governor's Action Deadline 11:59 p.m., April 11, 2022
04/11/2022G Approved by Governor-Chapter 350 (effective 7/1/22)
04/11/2022G Acts of Assembly Chapter text (CHAP0350)

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