{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-3449.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-3449.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-3449.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-3449.html"}],"law_id":78815,"edition_id":1,"section_id":78815,"structure_id":13819,"section_number":"38.2-3449","catch_line":"Prohibiting discrimination based on health status","history":"2013, c. 751.","full_text":"A\n\nNotwithstanding any provision of § 38.2-508.5, 38.2-3431, 38.2-3432.3, 38.2-3521.1, 38.2-3522.1, 38.2-3540.2, 38.2-3551, 38.2-4109, or any other section of this title to the contrary, a health carrier offering a health benefit plan providing individual or group health insurance coverage shall not establish rules for eligibility, including continued eligibility, of any covered person to enroll under the terms of coverage based on any health status-related factor in relation to the covered person.B\n\nA health carrier shall not require any covered person as a condition of enrollment or continued enrollment under a health benefit plan to pay a premium or contribution that is greater than such premium or contribution for a similarly situated covered person enrolled in the plan on the basis of any health status-related factor in relation to the covered person.","order_by":null,"text":{"0":{"id":282334,"text":"Notwithstanding any provision of § 38.2-508.5, 38.2-3431, 38.2-3432.3, 38.2-3521.1, 38.2-3522.1, 38.2-3540.2, 38.2-3551, 38.2-4109, or any other section of this title to the contrary, a health carrier offering a health benefit plan providing individual or group health insurance coverage shall not establish rules for eligibility, including continued eligibility, of any covered person to enroll under the terms of coverage based on any health status-related factor in relation to the covered person.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":282335,"text":"A health carrier shall not require any covered person as a condition of enrollment or continued enrollment under a health benefit plan to pay a premium or contribution that is greater than such premium or contribution for a similarly situated covered person enrolled in the plan on the basis of any health status-related factor in relation to the covered person.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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 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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 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This law was first created in 2013. The record of its establishment is cataloged in chapter 751<\/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":[{"id":81951,"section_number":"38.2-3454","catch_line":"Wellness programs","order_by":null,"url":"\/38.2-3454\/"},{"id":83222,"section_number":"38.2-3521.1","catch_line":"Group accident and sickness insurance definitions","order_by":null,"url":"\/38.2-3521.1\/"}],"refers_to":[{"id":86404,"section_number":"38.2-3431","catch_line":"Application of article; definitions","order_by":null,"url":"\/38.2-3431\/"},{"id":63783,"section_number":"38.2-3432.3","catch_line":"Limitation on preexisting condition exclusion period","order_by":null,"url":"\/38.2-3432.3\/"},{"id":83222,"section_number":"38.2-3521.1","catch_line":"Group accident and sickness insurance definitions","order_by":null,"url":"\/38.2-3521.1\/"},{"id":67462,"section_number":"38.2-3522.1","catch_line":"Limits of group accident and sickness insurance","order_by":null,"url":"\/38.2-3522.1\/"},{"id":82316,"section_number":"38.2-3540.2","catch_line":"Employee wellness program","order_by":null,"url":"\/38.2-3540.2\/"},{"id":76670,"section_number":"38.2-3551","catch_line":"Definitions","order_by":null,"url":"\/38.2-3551\/"},{"id":59432,"section_number":"38.2-4109","catch_line":"Organization of domestic society on or after October 1, 1986","order_by":null,"url":"\/38.2-4109\/"},{"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":215539,"object_type":"law","relational_id":78815,"identifier":"38.2-3449","token":"38.2\/34\/6\/38.2-3449","url":"\/38.2-3449\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-3449\/","token":"38.2\/34\/6\/38.2-3449","dublin_core":{"Title":"Prohibiting discrimination based on health status","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3449","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding any provision of § 38.2-508.5<\/a>, 38.2-3431<\/a>, 38.2-3432.3<\/a>, 38.2-3521.1<\/a>, 38.2-3522.1<\/a>, 38.2-3540.2<\/a>, 38.2-3551<\/a>, 38.2-4109<\/a>, or any other section of this title to the contrary, a health carrier offering a health benefit plan providing individual or group health insurance<\/span> coverage shall not establish rules for eligibility, including continued eligibility, of any covered person<\/span> to enroll under the terms of coverage based on any health status-related factor in relation to the covered person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A health carrier shall not require any covered person<\/span> as a condition of enrollment or continued enrollment under a health benefit plan to pay a premium or contribution that is greater than such premium or contribution for a similarly situated covered person<\/span> enrolled in the plan on the basis of any health status-related factor in relation to the covered person<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITING DISCRIMINATION BASED ON HEALTH STATUS (\u00a7 38.2-3449)\n\nA. Notwithstanding any provision of § 38.2-508.5, 38.2-3431, 38.2-3432.3,\n38.2-3521.1, 38.2-3522.1, 38.2-3540.2, 38.2-3551, 38.2-4109, or any other\nsection of this title to the contrary, a health carrier offering a health\nbenefit plan providing individual or group health insurance coverage shall not\nestablish rules for eligibility, including continued eligibility, of any covered\nperson to enroll under the terms of coverage based on any health status-related\nfactor in relation to the covered person.\n\nB. A health carrier shall not require any covered person as a condition of\nenrollment or continued enrollment under a health benefit plan to pay a premium\nor contribution that is greater than such premium or contribution for a\nsimilarly situated covered person enrolled in the plan on the basis of any\nhealth status-related factor in relation to the covered person.\n\nHISTORY: 2013, c. 751.","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}}