Code of Virginia
Chapter 34 - Provisions Relating to Accident and Sickness Insurance
§ 38.2-3461. Definitions

As used in this article, unless the context requires a different meaning:
"Allowed amount" means the contractually agreed upon amount paid or payable by a health carrier to a health care provider participating in the health carrier's network.
"Average" means mean, median, or mode.
"Comparable health care service" means any (i) physical and occupational therapy service, (ii) radiology and imaging service, (iii) laboratory service, (iv) infusion therapy service, and (v) at the discretion of the health carrier, other health care service, provided that with respect to any service described in clauses (i) through (v) the service (a) is a covered non-emergency health care service or bundle of health care services provided by a network provider and (b) is a service for which the health carrier has not demonstrated that the allowed amount variation among participating providers is less than $50.
"Covered person" means a policyholder, subscriber, participant, or other individual covered by a health benefit plan.
"Health benefit plan" means a policy, contract, certificate, or agreement offered by a health carrier in the small group market to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services. "Health benefit plan" does not include the "excepted benefits" as defined in § 38.2-3431. "Health benefit plan" does not include any health insurance plan administered by the Department of Human Resource Management, including the health coverage offered to state employees pursuant to § 2.2-2818; health insurance coverage offered to employees of local governments, local officers, teachers, and retirees, and the dependents of such employees, local officers, teachers and retirees pursuant to § 2.2-1204; or health insurance coverage provided under the Line of Duty Act (§ 9.1-400 et seq.).
"Health care provider" means a health care professional or facility.
"Health care service" means a service for the diagnosis, prevention, treatment, cure, or relief of a health condition, illness, injury, or disease.
"Health carrier" means an entity subject to the insurance laws and regulations of the Commonwealth and subject to the jurisdiction of the Commission that contracts or offers to contract to provide, deliver, arrange for, pay for, or reimburse any of the costs of health care services, including an insurer licensed to sell accident and sickness insurance, a health maintenance organization, a health services plan, or any other entity providing a plan of health insurance, health benefits, or health care services.
"Network" or "provider network" means the group of participating providers providing services to a health benefit plan under which the financing and delivery of health care services are provided, in whole or in part, through a defined set of health care providers.
"Network provider" means a health care provider that has contracted with the health carrier, or with its contractor or subcontractor, to provide health care services to covered persons as a member of a network.
"Out-of-pocket costs" means any copayment, deductible, or coinsurance that is the responsibility of the covered person with respect to a covered health care service.
"Program" means the comparable health care service incentive program established by a health carrier pursuant to this article.
"Small group market" means the health insurance market under which individuals obtain health insurance coverage, directly or through any arrangement, on behalf of themselves and their dependents through a group health plan maintained by a small employer.
2019, cc. 666, 684.

Structure Code of Virginia

Code of Virginia

Title 38.2 - Insurance

Chapter 34 - Provisions Relating to Accident and Sickness Insurance

§ 38.2-3400. Application of chapter

§ 38.2-3401. Forms of insurance authorized

§ 38.2-3402. Certification to accompany application

§ 38.2-3403. Fraudulent procurement of policy

§ 38.2-3404. Commission may establish rules and regulations for simplified and readable accident and sickness insurance policies

§ 38.2-3405. Certain subrogation provisions and limitations upon recovery in hospital, medical, etc., policies forbidden; limitations on disclosure of medical treatment options prohibited

§ 38.2-3405.1. Commonwealth's right to certain accident and sickness benefits

§ 38.2-3406. Accident and sickness benefits not subject to legal process

§ 38.2-3406.1. Application of requirements that policies offered by small employers include state-mandated health benefits

§ 38.2-3406.2. Capped benefits under insurance policies and contracts

§ 38.2-3407. Health benefit programs

§ 38.2-3407.1. Interest on accident and sickness claim proceeds

§ 38.2-3407.2. Coverage for medical child support

§ 38.2-3407.3. Calculation of cost-sharing provisions

§ 38.2-3407.3:1. Premium payment arrearages; order of crediting payments

§ 38.2-3407.4. Explanation of benefits

§ 38.2-3407.4:1. Repealed

§ 38.2-3407.4:2. Requirements for prescription benefit cards

§ 38.2-3407.5. Denial of benefits for certain prescription drugs prohibited

§ 38.2-3407.5:1. Coverage for prescription contraceptives

§ 38.2-3407.5:2. Reimbursements for dispensing hormonal contraceptives

§ 38.2-3407.6. Exclusion of podiatrist not permitted under certain circumstances

§ 38.2-3407.6:1. Denial of benefits for certain prescription drugs prohibited

§ 38.2-3407.7. Pharmacies; freedom of choice

§ 38.2-3407.8. Repealed

§ 38.2-3407.9. Reimbursement for emergency medical services vehicle transportation services

§ 38.2-3407.9:01. Prescription drug formularies

§ 38.2-3407.9:02. Requirement for prescription drug coverage

§ 38.2-3407.9:03. Payment of clean claims to administrators of pharmacy benefits

§ 38.2-3407.9:04. Medication synchronization

§ 38.2-3407.9:05. Step therapy protocols

§ 38.2-3407.10. Health care provider panels

§ 38.2-3407.10:1. Reimbursement for services rendered during pendency of a participating provider's credentialing application

§ 38.2-3407.10:2. Credentialing of private mental health agencies

§ 38.2-3407.11. Access to obstetrician-gynecologists

§ 38.2-3407.11:1. Access to specialists; standing referrals

§ 38.2-3407.11:2. Standing referral for cancer patients

§ 38.2-3407.11:3. Breast cancer underwriting and preexisting condition restrictions

§ 38.2-3407.11:4. Disability arising out of childbirth; minimum benefit

§ 38.2-3407.11:5. Interhospital transfer for newborn or mother; prior authorization prohibited

§ 38.2-3407.12. Patient optional point-of-service benefit

§ 38.2-3407.13. Refusal to accept assignments prohibited; dentists and oral surgeons

§ 38.2-3407.13:1. Coordination of benefits; notice of priority of coverage

§ 38.2-3407.13:2. Claims paid to insureds for services from nonparticipating physicians

§ 38.2-3407.14. Notice of premium or deductible increases

§ 38.2-3407.14:1. Standard of clinical evidence for decisions on coverage for proton radiation therapy

§ 38.2-3407.15. Ethics and fairness in carrier business practices

§ 38.2-3407.15:1. Carrier contracts with pharmacy providers; required provisions; limit on termination or nonrenewal

§ 38.2-3407.15:2. Carrier contracts; required provisions regarding prior authorization

§ 38.2-3407.15:3. Carrier and intermediary contracts with pharmacy providers; disclosure and updating of maximum allowable cost of drugs; limit on termination or nonrenewal

§ 38.2-3407.15:4. Limit on copayment for prescription drugs; permitted disclosures

§ 38.2-3407.15:5. Limit on cost-sharing payments for prescription insulin drugs

§ 38.2-3407.15:6. Prescription drug price transparency

§ 38.2-3407.16. Requirements for obstetrical care

§ 38.2-3407.17. Payment for services by dentists and oral surgeons

§ 38.2-3407.17:1. Payment and reimbursement practices for dental services; network access

§ 38.2-3407.18. Requirements for orally administered cancer chemotherapy drugs

§ 38.2-3407.19. Payment for services by optometrists and ophthalmologists

§ 38.2-3407.20. Calculation of enrollee's contribution to out-of-pocket maximum or cost-sharing requirement

§ 38.2-3407.21. Short-term limited-duration medical plans

§ 38.2-3407.22. Option for rebates to enrollees; protected information

§ 38.2-3408. Policy providing for reimbursement for services that may be performed by certain practitioners other than physicians

§ 38.2-3409. Coverage of dependent children

§ 38.2-3410. Construction of policy generally; words "physician" and "doctor" to include dentist

§ 38.2-3411. Coverage of newborn children required

§ 38.2-3411.1. Coverage for child health supervision services

§ 38.2-3411.2. Coverage of adopted children required

§ 38.2-3411.3. Coverage for childhood immunizations

§ 38.2-3411.4. Coverage for infant hearing screening and related diagnostics

§ 38.2-3412. Repealed

§ 38.2-3412.1. Coverage for mental health and substance use disorders

§ 38.2-3412.1:01. Repealed

§ 38.2-3413. Repealed

§ 38.2-3414. Optional coverage for obstetrical services

§ 38.2-3414.1. Obstetrical benefits; coverage for postpartum services

§ 38.2-3415. Exclusion or reduction of benefits for certain causes prohibited

§ 38.2-3416. Repealed

§ 38.2-3417. Deductibles and coinsurance options required

§ 38.2-3418. Coverage for victims of rape or incest

§ 38.2-3418.1. Coverage for mammograms

§ 38.2-3418.1:1. Repealed

§ 38.2-3418.1:2. Coverage for pap smears

§ 38.2-3418.2. Coverage of procedures involving bones and joints

§ 38.2-3418.3. Coverage for hemophilia and congenital bleeding disorders

§ 38.2-3418.4. Coverage for reconstructive breast surgery; notice; eligibility

§ 38.2-3418.5. Coverage for early intervention services

§ 38.2-3418.6. Minimum hospital stay for mastectomy and certain lymph node dissection patients

§ 38.2-3418.7. Coverage for PSA testing

§ 38.2-3418.7:1. Coverage for colorectal cancer screening

§ 38.2-3418.8. Coverage for clinical trials for treatment studies on cancer

§ 38.2-3418.9. Minimum hospital stay for hysterectomy

§ 38.2-3418.10. Coverage for diabetes

§ 38.2-3418.11. Coverage for hospice care

§ 38.2-3418.12. Coverage for hospitalization and anesthesia for dental procedures

§ 38.2-3418.13. Coverage for the treatment of morbid obesity

§ 38.2-3418.14. Coverage for lymphedema

§ 38.2-3418.15. Coverage for prosthetic devices and components

§ 38.2-3418.15:1. Coverage for prosthetic devices and components

§ 38.2-3418.16. Coverage for telemedicine services

§ 38.2-3418.17. Coverage for autism spectrum disorder

§ 38.2-3418.18. Coverage for formula and enteral nutrition products as medicine

§ 38.2-3418.19. Coverage for organ, eye or tissue transplant

§ 38.2-3418.20. Coverage for hearing aids and related services

§ 38.2-3419. Additional mandated coverage made optional to group policy or contract holder

§ 38.2-3419.1. Report of costs and utilization of mandated benefits

§ 38.2-3420. Authority and jurisdiction of Commission; exception

§ 38.2-3421. How to show jurisdiction of other state agency or federal government

§ 38.2-3422. Examination

§ 38.2-3423. When subject to this title

§ 38.2-3424. Disclosure of extent and elements of coverage

§ 38.2-3424.1. Applicability

§ 38.2-3425. Expired

§ 38.2-3430.1. Application of article

§ 38.2-3430.1:1. Health insurance coverage not required

§ 38.2-3430.2. Definitions

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

§ 38.2-3430.3:1. Expired

§ 38.2-3430.4. Special rules for network plans

§ 38.2-3430.5. Application of financial capacity limits

§ 38.2-3430.6. Market requirements

§ 38.2-3430.7. Renewability of individual health insurance coverage

§ 38.2-3430.8. Certification of coverage

§ 38.2-3430.9. Regulations establishing standards

§ 38.2-3430.10. Effective date

§ 38.2-3431. Application of article; definitions

§ 38.2-3432. Repealed

§ 38.2-3432.1. Renewability

§ 38.2-3432.2. Availability

§ 38.2-3432.3. Limitation on preexisting condition exclusion period

§ 38.2-3433. Repealed

§ 38.2-3434. Disclosure of information

§ 38.2-3435. Exclusions

§ 38.2-3436. Eligibility to enroll

§ 38.2-3437. Rules used to determine group size

§ 38.2-3438. Definitions

§ 38.2-3439. Dependent coverage for individuals to age 26

§ 38.2-3440. Lifetime and annual limits

§ 38.2-3441. Rescissions

§ 38.2-3442. Preventive services

§ 38.2-3443. Choice of a health care professional

§ 38.2-3444. Preexisting condition exclusions

§ 38.2-3445. Patient access to emergency services

§ 38.2-3445.01. Balance billing for certain services; prohibited

§ 38.2-3445.02. Arbitration

§ 38.2-3445.03. Data sets for determining commercially reasonable payments

§ 38.2-3445.04. Transparency

§ 38.2-3445.05. Enforcement

§ 38.2-3445.06. Applicability of certain sections

§ 38.2-3445.07. Rules and regulations

§ 38.2-3445.1. Repealed

§ 38.2-3445.2. Out-of-network claims; reporting requirements

§ 38.2-3446. Applicability of federal law

§ 38.2-3447. Restrictions relating to premium rates

§ 38.2-3448. Guaranteed availability

§ 38.2-3449. Prohibiting discrimination based on health status

§ 38.2-3449.1. Prohibited discrimination based on gender identity or status as a transgender individual

§ 38.2-3450. Genetic information and testing

§ 38.2-3451. Essential health benefits

§ 38.2-3452. Waiting periods

§ 38.2-3453. Clinical trials

§ 38.2-3454. Wellness programs

§ 38.2-3454.1. Renewal of health benefit plans; special exception

§ 38.2-3455. Definitions

§ 38.2-3456. Prohibited activities

§ 38.2-3457. Application for registration

§ 38.2-3458. Power of Commission to investigate navigators

§ 38.2-3459. Grounds for termination, placing on probation, revocation, or suspension of registration

§ 38.2-3460. Sufficiency of federal requirements; additional standards and qualifications for navigators

§ 38.2-3461. Definitions

§ 38.2-3462. Comparable Health Care Service Incentive Program

§ 38.2-3463. Health care price transparency tools

§ 38.2-3464. Rules and regulations; orders

§ 38.2-3465. Definitions

§ 38.2-3466. (Effective October 1, 2020) License required to provide pharmacy benefits management services; requirements for a license, renewal, and revocation or suspension

§ 38.2-3467. Prohibited conduct by carriers and pharmacy benefits managers

§ 38.2-3468. Examination of books and records; reports; access to records

§ 38.2-3469. (Effective October 1, 2020) Enforcement; regulations

§ 38.2-3470. (Effective October 1, 2020) Scope of article