{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-3441.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-3441.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-3441.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-3441.html"}],"law_id":74720,"edition_id":1,"section_id":74720,"structure_id":13819,"section_number":"38.2-3441","catch_line":"Rescissions","history":"2011, c. 882.","full_text":"A\n\nNotwithstanding any provision of § 38.2-508.5 or any other section of this title to the contrary, a health carrier shall not rescind coverage under a health benefit plan after an individual is covered under the plan unless the individual or a person seeking coverage on behalf of the individual performs an act, practice, or omission that constitutes fraud, or the individual makes an intentional misrepresentation of material fact, as prohibited by the terms of the plan.B\n\nA health carrier shall provide at least 30 days’ advance written notice or electronic notice to any covered person who would be affected by the proposed rescission of coverage before coverage under the plan may be rescinded, regardless of whether the rescission applies to the entire group or only to an individual within the group. Such notice shall at a minimum contain:1\n\nClear identification of the alleged fraudulent act, practice, or omission or the intentional misrepresentation of material fact;2\n\nAn explanation as to why the act, practice, or omission was fraudulent or was an intentional misrepresentation of a material fact;3\n\nNotice that the covered person or the covered person’s authorized representative, prior to the date the advance notice of the proposed rescission ends, may immediately file an internal appeal to request a reconsideration of the rescission;4\n\nA description of the health carrier’s internal appeal process for rescissions, including any time limits applicable to those procedures; and5\n\nThe date when the advance notice ends and the date back to which the coverage will be rescinded.C\n\nThe provisions of this section apply regardless of any applicable contestability period.D\n\nThis section shall apply to any health carrier providing individual or group health insurance coverage, including any grandfathered plan.","order_by":null,"text":{"0":{"id":268541,"text":"Notwithstanding any provision of § 38.2-508.5 or any other section of this title to the contrary, a health carrier shall not rescind coverage under a health benefit plan after an individual is covered under the plan unless the individual or a person seeking coverage on behalf of the individual performs an act, practice, or omission that constitutes fraud, or the individual makes an intentional misrepresentation of material fact, as prohibited by the terms of the plan.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":268542,"text":"A health carrier shall provide at least 30 days’ advance written notice or electronic notice to any covered person who would be affected by the proposed rescission of coverage before coverage under the plan may be rescinded, regardless of whether the rescission applies to the entire group or only to an individual within the group. Such notice shall at a minimum contain:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":268543,"text":"Clear identification of the alleged fraudulent act, practice, or omission or the intentional misrepresentation of material fact;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":268544,"text":"An explanation as to why the act, practice, or omission was fraudulent or was an intentional misrepresentation of a material fact;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":268545,"text":"Notice that the covered person or the covered person’s authorized representative, prior to the date the advance notice of the proposed rescission ends, may immediately file an internal appeal to request a reconsideration of the rescission;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":268546,"text":"A description of the health carrier’s internal appeal process for rescissions, including any time limits applicable to those procedures; and","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":268547,"text":"The date when the advance notice ends and the date back to which the coverage will be rescinded.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"7":{"id":268548,"text":"The provisions of this section apply regardless of any applicable contestability period.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"8":{"id":268549,"text":"This section shall apply to any health carrier providing individual or group health insurance coverage, including any grandfathered plan.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13819,"edition_id":1,"name":"Federal Market Reforms","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":12993,"metadata":{},"date_created":"2026-06-26 03:45:59","date_modified":"2026-06-26 03:45:59","permalink":{"id":215457,"object_type":"structure","relational_id":13819,"identifier":"6","token":"38.2\/34\/6","url":"\/38.2\/34\/6\/","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":57210,"structure_id":13819,"section_number":"38.2-3438","catch_line":"Definitions","url":"\/38.2-3438\/","token":"38.2\/34\/6\/38.2-3438","metadata":false},{"id":55902,"structure_id":13819,"section_number":"38.2-3439","catch_line":"Dependent coverage for individuals to age 26","url":"\/38.2-3439\/","token":"38.2\/34\/6\/38.2-3439","metadata":false},{"id":59514,"structure_id":13819,"section_number":"38.2-3440","catch_line":"Lifetime and annual limits","url":"\/38.2-3440\/","token":"38.2\/34\/6\/38.2-3440","metadata":false},{"id":74720,"structure_id":13819,"section_number":"38.2-3441","catch_line":"Rescissions","url":"\/38.2-3441\/","token":"38.2\/34\/6\/38.2-3441","metadata":false},{"id":81548,"structure_id":13819,"section_number":"38.2-3442","catch_line":"Preventive services","url":"\/38.2-3442\/","token":"38.2\/34\/6\/38.2-3442","metadata":false},{"id":54833,"structure_id":13819,"section_number":"38.2-3443","catch_line":"Choice of a health care professional","url":"\/38.2-3443\/","token":"38.2\/34\/6\/38.2-3443","metadata":false},{"id":68187,"structure_id":13819,"section_number":"38.2-3444","catch_line":"Preexisting condition exclusions","url":"\/38.2-3444\/","token":"38.2\/34\/6\/38.2-3444","metadata":false},{"id":60836,"structure_id":13819,"section_number":"38.2-3445","catch_line":"Patient access to emergency services","url":"\/38.2-3445\/","token":"38.2\/34\/6\/38.2-3445","metadata":false},{"id":57195,"structure_id":13819,"section_number":"38.2-3445.01","catch_line":"Balance billing for certain services; 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reporting requirements","url":"\/38.2-3445.2\/","token":"38.2\/34\/6\/38.2-3445.2","metadata":false},{"id":86937,"structure_id":13819,"section_number":"38.2-3446","catch_line":"Applicability of federal law","url":"\/38.2-3446\/","token":"38.2\/34\/6\/38.2-3446","metadata":false},{"id":66501,"structure_id":13819,"section_number":"38.2-3447","catch_line":"(Effective January 1, 2026) Restrictions relating to premium rates","url":"\/38.2-3447\/","token":"38.2\/34\/6\/38.2-3447","metadata":false},{"id":79799,"structure_id":13819,"section_number":"38.2-3448","catch_line":"Guaranteed availability","url":"\/38.2-3448\/","token":"38.2\/34\/6\/38.2-3448","metadata":false},{"id":78815,"structure_id":13819,"section_number":"38.2-3449","catch_line":"Prohibiting discrimination based on health status","url":"\/38.2-3449\/","token":"38.2\/34\/6\/38.2-3449","metadata":false},{"id":67706,"structure_id":13819,"section_number":"38.2-3449.1","catch_line":"Prohibited discrimination based on gender identity or status as a transgender individual","url":"\/38.2-3449.1\/","token":"38.2\/34\/6\/38.2-3449.1","metadata":false},{"id":64622,"structure_id":13819,"section_number":"38.2-3450","catch_line":"Genetic information and testing","url":"\/38.2-3450\/","token":"38.2\/34\/6\/38.2-3450","metadata":false},{"id":83154,"structure_id":13819,"section_number":"38.2-3451","catch_line":"Essential health benefits","url":"\/38.2-3451\/","token":"38.2\/34\/6\/38.2-3451","metadata":false},{"id":76537,"structure_id":13819,"section_number":"38.2-3452","catch_line":"Waiting periods","url":"\/38.2-3452\/","token":"38.2\/34\/6\/38.2-3452","metadata":false},{"id":86395,"structure_id":13819,"section_number":"38.2-3453","catch_line":"Clinical trials","url":"\/38.2-3453\/","token":"38.2\/34\/6\/38.2-3453","metadata":false},{"id":81951,"structure_id":13819,"section_number":"38.2-3454","catch_line":"Wellness programs","url":"\/38.2-3454\/","token":"38.2\/34\/6\/38.2-3454","metadata":false},{"id":84250,"structure_id":13819,"section_number":"38.2-3454.1","catch_line":"Renewal of health benefit plans; special exception","url":"\/38.2-3454.1\/","token":"38.2\/34\/6\/38.2-3454.1","metadata":false}],"previous_section":{"id":59514,"structure_id":13819,"section_number":"38.2-3440","catch_line":"Lifetime and annual limits","url":"\/38.2-3440\/","token":"38.2\/34\/6\/38.2-3440","metadata":false},"next_section":{"id":81548,"structure_id":13819,"section_number":"38.2-3442","catch_line":"Preventive services","url":"\/38.2-3442\/","token":"38.2\/34\/6\/38.2-3442","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3441\/","history_text":"

This law was first created in 2011. The record of its establishment is cataloged in chapter 882<\/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.<\/p>","references":false,"refers_to":[{"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\/"}],"permalink":{"id":215471,"object_type":"law","relational_id":74720,"identifier":"38.2-3441","token":"38.2\/34\/6\/38.2-3441","url":"\/38.2-3441\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-3441\/","token":"38.2\/34\/6\/38.2-3441","dublin_core":{"Title":"Rescissions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3441","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any provision of § 38.2-508.5<\/a> or any other section of this title to the contrary, a health carrier shall not rescind coverage under a health benefit plan after an individual is covered under the plan unless the individual or a person<\/span> seeking coverage on behalf of the individual performs an act, practice, or omission that constitutes fraud<\/span>, or the individual makes an intentional misrepresentation of material<\/span> fact<\/span>, as prohibited by the terms of the plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A health carrier shall provide at least 30 days’ advance written notice or electronic notice to any covered person<\/span> who would be affected by the proposed rescission of coverage before coverage under the plan may be rescinded, regardless of whether the rescission applies to the entire group or only to an individual within the group. Such notice shall at a minimum contain: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Clear identification of the alleged fraudulent act, practice, or omission or the intentional misrepresentation of material<\/span> fact<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> An explanation as to why the act, practice, or omission was fraudulent or was an intentional misrepresentation of a material<\/span> fact<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Notice that the covered person<\/span> or the covered person<\/span>’s authorized representative, prior to the date the advance notice of the proposed rescission ends, may immediately file an internal appeal<\/span> to request a reconsideration of the rescission; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> A description of the health carrier’s internal appeal<\/span> process for rescissions, including any time limits applicable to those procedures; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The date when the advance notice ends and the date back to which the coverage will be rescinded. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section apply regardless of any applicable contestability period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> This section shall apply to any health carrier providing individual or group health insurance<\/span> coverage, including any grandfathered plan. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRESCISSIONS (\u00a7 38.2-3441)\n\nA. Notwithstanding any provision of § 38.2-508.5 or any other section of\nthis title to the contrary, a health carrier shall not rescind coverage under a\nhealth benefit plan after an individual is covered under the plan unless the\nindividual or a person seeking coverage on behalf of the individual performs an\nact, practice, or omission that constitutes fraud, or the individual makes an\nintentional misrepresentation of material fact, as prohibited by the terms of\nthe plan.\n\nB. A health carrier shall provide at least 30 days’ advance written notice\nor electronic notice to any covered person who would be affected by the proposed\nrescission of coverage before coverage under the plan may be rescinded,\nregardless of whether the rescission applies to the entire group or only to an\nindividual within the group. Such notice shall at a minimum contain:\n\n 1. Clear identification of the alleged fraudulent act, practice, or omission\n or the intentional misrepresentation of material fact;\n\n 2. An explanation as to why the act, practice, or omission was fraudulent or\n was an intentional misrepresentation of a material fact;\n\n 3. Notice that the covered person or the covered person’s authorized\n representative, prior to the date the advance notice of the proposed\n rescission ends, may immediately file an internal appeal to request a\n reconsideration of the rescission;\n\n 4. A description of the health carrier’s internal appeal process for\n rescissions, including any time limits applicable to those procedures; and\n\n 5. The date when the advance notice ends and the date back to which the\n coverage will be rescinded.\n\nC. The provisions of this section apply regardless of any applicable\ncontestability period.\n\nD. This section shall apply to any health carrier providing individual or group\nhealth insurance coverage, including any grandfathered plan.\n\nHISTORY: 2011, c. 882.","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}}