Code of Virginia - Title 38.2 Insurance - Section 38.2-3430.3 Guaranteed availability of individual health insurance coverage to certain individuals with prior g...

§ 38.2-3430.3. Guaranteed availability of individual health insurance coverage to certain individuals with prior g...

A. Guaranteed availability.

1. All eligible individuals shall be provided a choice of all individual health insurance coverage currently being offered by a health insurance issuer and the chosen coverage shall be issued.

2. The coverage provided as required in subdivision A 1 shall not impose any preexisting condition exclusion or affiliation period with respect to the coverage.

B. Health insurance issuers are prohibited from imposing any limitations or exclusions based upon named conditions that apply to eligible individuals.

C. Health insurance issuers shall include on all applications for health insurance coverage questions which will enable the health insurance issuer to determine if an applicant is applying for coverage as an eligible individual as defined in § 38.2-3430.2. This requirement shall not apply to applications used in connection with managed health care plans administering and providing care to Medicare beneficiaries in exchange for preestablished compensation from Medicare, as permitted under applicable state and federal guidelines.

(1997, cc. 807, 913; 1999, c. 1004; 2000, c. 136; 2005, c. 335.)

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Last modified: April 16, 2009