{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-3430.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-3430.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-3430.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-3430.3.html"}],"law_id":86672,"edition_id":1,"section_id":86672,"structure_id":14047,"section_number":"38.2-3430.3","catch_line":"Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage","history":"1997, cc. 807, 913; 1999, c. 1004; 2000, c. 136; 2005, c. 335; 2013, c. 751.","full_text":"A\n\nGuaranteed availability.1\n\nAll 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\n\nThe coverage provided as required in subdivision A 1 shall not impose any preexisting condition exclusion or affiliation period with respect to the coverage.B\n\nHealth insurance issuers are prohibited from imposing any limitations or exclusions based upon named conditions that apply to eligible individuals.C\n\nHealth 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.D\n\nThe provisions of this section shall not apply in any instance in which the provisions of this section are inconsistent or in conflict with a provision of Article 6 (§ 38.2-3438 et seq.) of Chapter 34.","order_by":null,"text":{"0":{"id":310384,"text":"Guaranteed availability.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":310385,"text":"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.","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":310386,"text":"The coverage provided as required in subdivision A 1 shall not impose any preexisting condition exclusion or affiliation period with respect to the coverage.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":310387,"text":"Health insurance issuers are prohibited from imposing any limitations or exclusions based upon named conditions that apply to eligible individuals.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":310388,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":310389,"text":"The provisions of this section shall not apply in any instance in which the provisions of this section are inconsistent or in conflict with a provision of Article 6 (§ 38.2-3438 et seq.) of Chapter 34.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14047,"edition_id":1,"name":"Individual Health Insurance Coverage","identifier":"4.1","label":"article","depth":3,"order_by":1,"parent_id":12993,"metadata":{},"date_created":"2026-06-26 03:46:41","date_modified":"2026-06-26 03:46:41","permalink":{"id":215365,"object_type":"structure","relational_id":14047,"identifier":"4.1","token":"38.2\/34\/4.1","url":"\/38.2\/34\/4.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12993,"edition_id":1,"name":"Provisions Relating to Accident and Sickness Insurance","identifier":"34","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":214887,"object_type":"structure","relational_id":12993,"identifier":"34","token":"38.2\/34","url":"\/38.2\/34\/","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":77688,"structure_id":14047,"section_number":"38.2-3430.1","catch_line":"Application of article","url":"\/38.2-3430.1\/","token":"38.2\/34\/4.1\/38.2-3430.1","metadata":false},{"id":70426,"structure_id":14047,"section_number":"38.2-3430.10","catch_line":"Effective date","url":"\/38.2-3430.10\/","token":"38.2\/34\/4.1\/38.2-3430.10","metadata":false},{"id":55143,"structure_id":14047,"section_number":"38.2-3430.1:1","catch_line":"Health insurance coverage not required","url":"\/38.2-3430.1_1\/","token":"38.2\/34\/4.1\/38.2-3430.1_1","metadata":false},{"id":60829,"structure_id":14047,"section_number":"38.2-3430.2","catch_line":"Definitions","url":"\/38.2-3430.2\/","token":"38.2\/34\/4.1\/38.2-3430.2","metadata":false},{"id":86672,"structure_id":14047,"section_number":"38.2-3430.3","catch_line":"Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage","url":"\/38.2-3430.3\/","token":"38.2\/34\/4.1\/38.2-3430.3","metadata":false},{"id":69767,"structure_id":14047,"section_number":"38.2-3430.3:1","catch_line":"Expired","url":"\/38.2-3430.3_1\/","token":"38.2\/34\/4.1\/38.2-3430.3_1","metadata":false},{"id":85161,"structure_id":14047,"section_number":"38.2-3430.4","catch_line":"Special rules for network plans","url":"\/38.2-3430.4\/","token":"38.2\/34\/4.1\/38.2-3430.4","metadata":false},{"id":83348,"structure_id":14047,"section_number":"38.2-3430.5","catch_line":"Application of financial capacity limits","url":"\/38.2-3430.5\/","token":"38.2\/34\/4.1\/38.2-3430.5","metadata":false},{"id":64965,"structure_id":14047,"section_number":"38.2-3430.6","catch_line":"Market requirements","url":"\/38.2-3430.6\/","token":"38.2\/34\/4.1\/38.2-3430.6","metadata":false},{"id":68860,"structure_id":14047,"section_number":"38.2-3430.7","catch_line":"Renewability of individual health insurance coverage","url":"\/38.2-3430.7\/","token":"38.2\/34\/4.1\/38.2-3430.7","metadata":false},{"id":63144,"structure_id":14047,"section_number":"38.2-3430.8","catch_line":"Certification of coverage","url":"\/38.2-3430.8\/","token":"38.2\/34\/4.1\/38.2-3430.8","metadata":false},{"id":67431,"structure_id":14047,"section_number":"38.2-3430.9","catch_line":"Regulations establishing standards","url":"\/38.2-3430.9\/","token":"38.2\/34\/4.1\/38.2-3430.9","metadata":false}],"previous_section":{"id":60829,"structure_id":14047,"section_number":"38.2-3430.2","catch_line":"Definitions","url":"\/38.2-3430.2\/","token":"38.2\/34\/4.1\/38.2-3430.2","metadata":false},"next_section":{"id":69767,"structure_id":14047,"section_number":"38.2-3430.3:1","catch_line":"Expired","url":"\/38.2-3430.3_1\/","token":"38.2\/34\/4.1\/38.2-3430.3_1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3430.3\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapters 807<\/a> and 913<\/a> 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. 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 1999, chapter 1004<\/a>; in 2000, chapter 136<\/a>; in 2005, chapter 335<\/a>; in 2013, chapter 751<\/a>.<\/p>","references":[{"id":70426,"section_number":"38.2-3430.10","catch_line":"Effective date","order_by":null,"url":"\/38.2-3430.10\/"},{"id":64965,"section_number":"38.2-3430.6","catch_line":"Market requirements","order_by":null,"url":"\/38.2-3430.6\/"},{"id":79799,"section_number":"38.2-3448","catch_line":"Guaranteed availability","order_by":null,"url":"\/38.2-3448\/"},{"id":77794,"section_number":"38.2-508.5","catch_line":"Re-underwriting individual under existing group or individual accident and sickness insurance policy prohibited; exceptions","order_by":null,"url":"\/38.2-508.5\/"}],"refers_to":[{"id":60829,"section_number":"38.2-3430.2","catch_line":"Definitions","order_by":null,"url":"\/38.2-3430.2\/"},{"id":57210,"section_number":"38.2-3438","catch_line":"Definitions","order_by":null,"url":"\/38.2-3438\/"}],"permalink":{"id":215383,"object_type":"law","relational_id":86672,"identifier":"38.2-3430.3","token":"38.2\/34\/4.1\/38.2-3430.3","url":"\/38.2-3430.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-3430.3\/","token":"38.2\/34\/4.1\/38.2-3430.3","dublin_core":{"Title":"Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3430.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Guaranteed availability. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> All eligible individuals shall be provided a choice of all individual health insurance<\/span> coverage currently being offered by a health insurance<\/span> issuer and the chosen coverage shall be issued. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The coverage provided as required in subdivision A 1 shall not impose any preexisting condition exclusion or affiliation period with respect to the coverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Health insurance<\/span> issuers are prohibited from imposing any limitations or exclusions based upon named conditions that apply to eligible individuals. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

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

D.<\/span> The provisions of this section shall not apply in any instance in which the provisions of this section are inconsistent or in conflict with a provision of Article 6 (§ 38.2-3438<\/a> et seq.) of Chapter 34. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGUARANTEED AVAILABILITY OF INDIVIDUAL HEALTH INSURANCE COVERAGE TO CERTAIN\nINDIVIDUALS WITH PRIOR GROUP COVERAGE (\u00a7 38.2-3430.3)\n\nA. Guaranteed availability.\n\n 1. All eligible individuals shall be provided a choice of all individual\n health insurance coverage currently being offered by a health insurance issuer\n and the chosen coverage shall be issued.\n\n 2. The coverage provided as required in subdivision A 1 shall not impose any\n preexisting condition exclusion or affiliation period with respect to the\n coverage.\n\nB. Health insurance issuers are prohibited from imposing any limitations or\nexclusions based upon named conditions that apply to eligible individuals.\n\nC. Health insurance issuers shall include on all applications for health\ninsurance coverage questions which will enable the health insurance issuer to\ndetermine if an applicant is applying for coverage as an eligible individual as\ndefined in § 38.2-3430.2. This requirement shall not apply to applications\nused in connection with managed health care plans administering and providing\ncare to Medicare beneficiaries in exchange for preestablished compensation from\nMedicare, as permitted under applicable state and federal guidelines.\n\nD. The provisions of this section shall not apply in any instance in which the\nprovisions of this section are inconsistent or in conflict with a provision of\nArticle 6 (§ 38.2-3438 et seq.) of Chapter 34.\n\nHISTORY: 1997, cc. 807, 913; 1999, c. 1004; 2000, c. 136; 2005, c. 335; 2013, c.\n751.","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}}