{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-2804.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-2804.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-2804.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-2804.html"}],"law_id":68647,"edition_id":1,"section_id":68647,"structure_id":16350,"section_number":"38.2-2804","catch_line":"Plan of operation","history":"1976, c. 85, \u00a7 38.1-778; 1980, c. 286; 1986, c. 562; 1987, c. 554; 1988, c. 341.","full_text":"A\n\nWithin forty-five days of the date the Commission makes a determination to activate a joint underwriting association pursuant to subsection A of § 38.2-2801, the directors of the association shall submit to the Commission for review a proposed plan of operation consistent with this chapter.B\n\nThe plan of operation shall provide for economic, fair and nondiscriminatory administration and for the prompt and efficient provision of medical malpractice insurance. The plan shall contain other provisions including (i) preliminary assessment of all members for initial expenses necessary to commence operations, (ii) establishment of necessary facilities, (iii) management of the association, (iv) assessment of members to defray losses and expenses, (v) reasonable and objective minimum underwriting standards developed in consultation with the medical and hospital advisory committees provided for in § 38.2-2805, (vi) acceptance and cession of reinsurance, (vii) appointment of servicing carriers or other servicing arrangements, (viii) the establishment of premium payment plans, (ix) procedures for determining amounts of insurance to be provided by the association, (x) procedures for the recoupment of preliminary assessments and other assessments of members as authorized by this chapter, and (xi) any other matters necessary for the efficient and equitable operation and termination of the association.C\n\nThe plan of operation shall be subject to approval by the Commission after consultation with the members of the association and representatives of interested individuals and organizations. If the Commission disapproves all or any part of the proposed plan of operation, the directors shall within fifteen days submit for review an appropriate revised plan of operation. If the directors fail to do so, the Commission shall promulgate a plan of operation. The plan of operation approved or promulgated by the Commission shall become effective and operational upon order of the Commission.D\n\nAmendments to the plan of operation may be made by the directors of the association, subject to the approval of the Commission.","order_by":null,"text":{"0":{"id":248482,"text":"Within forty-five days of the date the Commission makes a determination to activate a joint underwriting association pursuant to subsection A of § 38.2-2801, the directors of the association shall submit to the Commission for review a proposed plan of operation consistent with this chapter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":248483,"text":"The plan of operation shall provide for economic, fair and nondiscriminatory administration and for the prompt and efficient provision of medical malpractice insurance. The plan shall contain other provisions including (i) preliminary assessment of all members for initial expenses necessary to commence operations, (ii) establishment of necessary facilities, (iii) management of the association, (iv) assessment of members to defray losses and expenses, (v) reasonable and objective minimum underwriting standards developed in consultation with the medical and hospital advisory committees provided for in § 38.2-2805, (vi) acceptance and cession of reinsurance, (vii) appointment of servicing carriers or other servicing arrangements, (viii) the establishment of premium payment plans, (ix) procedures for determining amounts of insurance to be provided by the association, (x) procedures for the recoupment of preliminary assessments and other assessments of members as authorized by this chapter, and (xi) any other matters necessary for the efficient and equitable operation and termination of the association.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":248484,"text":"The plan of operation shall be subject to approval by the Commission after consultation with the members of the association and representatives of interested individuals and organizations. If the Commission disapproves all or any part of the proposed plan of operation, the directors shall within fifteen days submit for review an appropriate revised plan of operation. If the directors fail to do so, the Commission shall promulgate a plan of operation. The plan of operation approved or promulgated by the Commission shall become effective and operational upon order of the Commission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":248485,"text":"Amendments to the plan of operation may be made by the directors of the association, subject to the approval of the Commission.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":16350,"edition_id":1,"name":"Medical Malpractice Joint Underwriting Association","identifier":"28","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 04:14:45","date_modified":"2026-06-26 04:14:45","permalink":{"id":214079,"object_type":"structure","relational_id":16350,"identifier":"28","token":"38.2\/28","url":"\/38.2\/28\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":87324,"structure_id":16350,"section_number":"38.2-2800","catch_line":"Definitions","url":"\/38.2-2800\/","token":"38.2\/28\/38.2-2800","metadata":false},{"id":76688,"structure_id":16350,"section_number":"38.2-2801","catch_line":"Association activation; members; purpose; determinations by Commission; powers of association","url":"\/38.2-2801\/","token":"38.2\/28\/38.2-2801","metadata":false},{"id":72714,"structure_id":16350,"section_number":"38.2-2802","catch_line":"Dissolution","url":"\/38.2-2802\/","token":"38.2\/28\/38.2-2802","metadata":false},{"id":71399,"structure_id":16350,"section_number":"38.2-2803","catch_line":"Directors","url":"\/38.2-2803\/","token":"38.2\/28\/38.2-2803","metadata":false},{"id":68647,"structure_id":16350,"section_number":"38.2-2804","catch_line":"Plan of operation","url":"\/38.2-2804\/","token":"38.2\/28\/38.2-2804","metadata":false},{"id":86913,"structure_id":16350,"section_number":"38.2-2805","catch_line":"Medical and hospital advisory committees","url":"\/38.2-2805\/","token":"38.2\/28\/38.2-2805","metadata":false},{"id":71882,"structure_id":16350,"section_number":"38.2-2806","catch_line":"Policy forms; applicants to be issued policies; cancellation of policies; rates; examination of business of association","url":"\/38.2-2806\/","token":"38.2\/28\/38.2-2806","metadata":false},{"id":82755,"structure_id":16350,"section_number":"38.2-2807","catch_line":"Stabilization reserve fund","url":"\/38.2-2807\/","token":"38.2\/28\/38.2-2807","metadata":false},{"id":84923,"structure_id":16350,"section_number":"38.2-2808","catch_line":"Participation in association by insurers","url":"\/38.2-2808\/","token":"38.2\/28\/38.2-2808","metadata":false},{"id":85338,"structure_id":16350,"section_number":"38.2-2809","catch_line":"Review of actions or decisions of association","url":"\/38.2-2809\/","token":"38.2\/28\/38.2-2809","metadata":false},{"id":77634,"structure_id":16350,"section_number":"38.2-2810","catch_line":"Annual statements","url":"\/38.2-2810\/","token":"38.2\/28\/38.2-2810","metadata":false},{"id":73090,"structure_id":16350,"section_number":"38.2-2811","catch_line":"Examination into affairs of association","url":"\/38.2-2811\/","token":"38.2\/28\/38.2-2811","metadata":false},{"id":67125,"structure_id":16350,"section_number":"38.2-2812","catch_line":"Public officers or employees","url":"\/38.2-2812\/","token":"38.2\/28\/38.2-2812","metadata":false},{"id":79966,"structure_id":16350,"section_number":"38.2-2813","catch_line":"Commissions for placing and servicing risk with association","url":"\/38.2-2813\/","token":"38.2\/28\/38.2-2813","metadata":false},{"id":77408,"structure_id":16350,"section_number":"38.2-2814","catch_line":"Liability","url":"\/38.2-2814\/","token":"38.2\/28\/38.2-2814","metadata":false}],"previous_section":{"id":71399,"structure_id":16350,"section_number":"38.2-2803","catch_line":"Directors","url":"\/38.2-2803\/","token":"38.2\/28\/38.2-2803","metadata":false},"next_section":{"id":86913,"structure_id":16350,"section_number":"38.2-2805","catch_line":"Medical and hospital advisory committees","url":"\/38.2-2805\/","token":"38.2\/28\/38.2-2805","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-2804\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 85 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1976 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1980, chapter 286; in 1986, chapter 562; in 1987, chapter 554; in 1988, chapter 341.<\/p>","references":[{"id":76688,"section_number":"38.2-2801","catch_line":"Association activation; members; purpose; determinations by Commission; powers of association","order_by":null,"url":"\/38.2-2801\/"},{"id":82755,"section_number":"38.2-2807","catch_line":"Stabilization reserve fund","order_by":null,"url":"\/38.2-2807\/"}],"refers_to":[{"id":76688,"section_number":"38.2-2801","catch_line":"Association activation; members; purpose; determinations by Commission; powers of association","order_by":null,"url":"\/38.2-2801\/"},{"id":86913,"section_number":"38.2-2805","catch_line":"Medical and hospital advisory committees","order_by":null,"url":"\/38.2-2805\/"}],"permalink":{"id":214097,"object_type":"law","relational_id":68647,"identifier":"38.2-2804","token":"38.2\/28\/38.2-2804","url":"\/38.2-2804\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-2804\/","token":"38.2\/28\/38.2-2804","dublin_core":{"Title":"Plan of operation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-2804","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Within forty-five days of the date the Commission<\/span> makes a determination to activate a joint underwriting association<\/span> pursuant to subsection A of § 38.2-2801<\/a>, the directors of the association<\/span> shall submit to the Commission<\/span> for review a proposed plan of operation consistent with this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The plan of operation shall provide for economic, fair and nondiscriminatory administration and for the prompt and efficient provision of medical malpractice insurance<\/span>. The plan shall contain other provisions including (i) preliminary assessment of all members for initial expenses necessary to commence operations, (ii) establishment of necessary facilities, (iii) management of the association<\/span>, (iv) assessment of members to defray losses and expenses, (v) reasonable and objective minimum underwriting standards developed in consultation with the medical and hospital advisory committees provided for in § 38.2-2805<\/a>, (vi) acceptance and cession of reinsurance, (vii) appointment of servicing carriers or other servicing arrangements, (viii) the establishment of premium payment plans, (ix) procedures for determining amounts of insurance to be provided by the association<\/span>, (x) procedures for the recoupment of preliminary assessments and other assessments of members as authorized by this chapter, and (xi) any other matters necessary for the efficient and equitable<\/span> operation and termination of the association<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The plan of operation shall be subject to approval by the Commission<\/span> after consultation with the members of the association<\/span> and representatives of interested individuals and organizations. If the Commission<\/span> disapproves all or any part of the proposed plan of operation, the directors shall within fifteen days submit for review an appropriate revised plan of operation. If the directors fail to do so, the Commission<\/span> shall promulgate a plan of operation. The plan of operation approved or promulgated by the Commission<\/span> shall become effective and operational upon order<\/span> of the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Amendments to the plan of operation may be made by the directors of the association<\/span>, subject to the approval of the Commission<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPLAN OF OPERATION (\u00a7 38.2-2804)\n\nA. Within forty-five days of the date the Commission makes a determination to\nactivate a joint underwriting association pursuant to subsection A of §\n38.2-2801, the directors of the association shall submit to the Commission for\nreview a proposed plan of operation consistent with this chapter.\n\nB. The plan of operation shall provide for economic, fair and nondiscriminatory\nadministration and for the prompt and efficient provision of medical malpractice\ninsurance. The plan shall contain other provisions including (i) preliminary\nassessment of all members for initial expenses necessary to commence operations,\n(ii) establishment of necessary facilities, (iii) management of the association,\n(iv) assessment of members to defray losses and expenses, (v) reasonable and\nobjective minimum underwriting standards developed in consultation with the\nmedical and hospital advisory committees provided for in § 38.2-2805, (vi)\nacceptance and cession of reinsurance, (vii) appointment of servicing carriers\nor other servicing arrangements, (viii) the establishment of premium payment\nplans, (ix) procedures for determining amounts of insurance to be provided by\nthe association, (x) procedures for the recoupment of preliminary assessments\nand other assessments of members as authorized by this chapter, and (xi) any\nother matters necessary for the efficient and equitable operation and\ntermination of the association.\n\nC. The plan of operation shall be subject to approval by the Commission after\nconsultation with the members of the association and representatives of\ninterested individuals and organizations. If the Commission disapproves all or\nany part of the proposed plan of operation, the directors shall within fifteen\ndays submit for review an appropriate revised plan of operation. If the\ndirectors fail to do so, the Commission shall promulgate a plan of operation.\nThe plan of operation approved or promulgated by the Commission shall become\neffective and operational upon order of the Commission.\n\nD. Amendments to the plan of operation may be made by the directors of the\nassociation, subject to the approval of the Commission.\n\nHISTORY: 1976, c. 85, \u00a7 38.1-778; 1980, c. 286; 1986, c. 562; 1987, c. 554;\n1988, c. 341.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}