{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-3520.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-3520.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-3520.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-3520.html"}],"law_id":62169,"edition_id":1,"section_id":62169,"structure_id":14876,"section_number":"38.2-3520","catch_line":"Coverage of preexisting conditions","history":"1980, c. 204, \u00a7 38.1-362.15; 1981, c. 575; 1986, c. 562; 2013, c. 751.","full_text":"A\n\nNotwithstanding the provisions of § 38.2-3503, if an insurer elects to use a simplified application form, with or without a specific question as to the applicant’s health, but without any detailed questions concerning the insured’s health history or medical treatment history, the policy shall cover any loss occurring after twelve months from the effective date of coverage from any preexisting condition not specifically excluded from coverage by terms of the policy. Except as so provided, the policy shall not include wording that would permit a defense based upon preexisting conditions.B\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":226784,"text":"Notwithstanding the provisions of § 38.2-3503, if an insurer elects to use a simplified application form, with or without a specific question as to the applicant’s health, but without any detailed questions concerning the insured’s health history or medical treatment history, the policy shall cover any loss occurring after twelve months from the effective date of coverage from any preexisting condition not specifically excluded from coverage by terms of the policy. Except as so provided, the policy shall not include wording that would permit a defense based upon preexisting conditions.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":226785,"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":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":14876,"edition_id":1,"name":"Accident and Sickness Insurance Minimum Standards","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":13348,"metadata":{},"date_created":"2026-06-26 03:50:31","date_modified":"2026-06-26 03:50:31","permalink":{"id":215717,"object_type":"structure","relational_id":14876,"identifier":"2","token":"38.2\/35\/2","url":"\/38.2\/35\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13348,"edition_id":1,"name":"Accident and Sickness Insurance Policies","identifier":"35","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:41","date_modified":"2026-06-26 03:44:41","permalink":{"id":215641,"object_type":"structure","relational_id":13348,"identifier":"35","token":"38.2\/35","url":"\/38.2\/35\/","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":74003,"structure_id":14876,"section_number":"38.2-3516","catch_line":"Purpose","url":"\/38.2-3516\/","token":"38.2\/35\/2\/38.2-3516","metadata":false},{"id":85669,"structure_id":14876,"section_number":"38.2-3517","catch_line":"Definitions","url":"\/38.2-3517\/","token":"38.2\/35\/2\/38.2-3517","metadata":false},{"id":56815,"structure_id":14876,"section_number":"38.2-3518","catch_line":"Standards for policy provisions","url":"\/38.2-3518\/","token":"38.2\/35\/2\/38.2-3518","metadata":false},{"id":65959,"structure_id":14876,"section_number":"38.2-3519","catch_line":"Minimum standards for excepted benefits","url":"\/38.2-3519\/","token":"38.2\/35\/2\/38.2-3519","metadata":false},{"id":62169,"structure_id":14876,"section_number":"38.2-3520","catch_line":"Coverage of preexisting conditions","url":"\/38.2-3520\/","token":"38.2\/35\/2\/38.2-3520","metadata":false}],"previous_section":{"id":65959,"structure_id":14876,"section_number":"38.2-3519","catch_line":"Minimum standards for excepted benefits","url":"\/38.2-3519\/","token":"38.2\/35\/2\/38.2-3519","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3520\/","history_text":"

This law was first created in 1980. The record of its establishment is cataloged in chapter 204 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 1980 \u201cActs\u201d aren\u2019t available online. It has been modified 3 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 1981, chapter 575; in 1986, chapter 562; in 2013, chapter 751<\/a>.<\/p>","references":[{"id":68187,"section_number":"38.2-3444","catch_line":"Preexisting condition exclusions","order_by":null,"url":"\/38.2-3444\/"},{"id":72816,"section_number":"38.2-3607","catch_line":"Group or individual Medicare supplement policies; minimum standards","order_by":null,"url":"\/38.2-3607\/"},{"id":65309,"section_number":"38.2-4123","catch_line":"Exemptions","order_by":null,"url":"\/38.2-4123\/"},{"id":55347,"section_number":"38.2-4214","catch_line":"Application of certain provisions of law","order_by":null,"url":"\/38.2-4214\/"}],"refers_to":[{"id":57210,"section_number":"38.2-3438","catch_line":"Definitions","order_by":null,"url":"\/38.2-3438\/"},{"id":67765,"section_number":"38.2-3503","catch_line":"Required accident and sickness policy provisions","order_by":null,"url":"\/38.2-3503\/"}],"permalink":{"id":215735,"object_type":"law","relational_id":62169,"identifier":"38.2-3520","token":"38.2\/35\/2\/38.2-3520","url":"\/38.2-3520\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-3520\/","token":"38.2\/35\/2\/38.2-3520","dublin_core":{"Title":"Coverage of preexisting conditions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3520","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding the provisions of § 38.2-3503<\/a>, if an insurer<\/span> elects to use a simplified application form<\/span>, with or without a specific question as to the applicant’s health, but without any detailed questions concerning the insured’s health history or medical treatment history, the policy<\/span> shall cover any loss occurring after twelve months from the effective date of coverage from any preexisting condition not specifically excluded from coverage by terms of the policy<\/span>. Except as so provided, the policy<\/span> shall not include wording that would permit a defense based upon preexisting conditions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/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\nCOVERAGE OF PREEXISTING CONDITIONS (\u00a7 38.2-3520)\n\nA. Notwithstanding the provisions of § 38.2-3503, if an insurer elects to\nuse a simplified application form, with or without a specific question as to the\napplicant’s health, but without any detailed questions concerning the\ninsured’s health history or medical treatment history, the policy shall\ncover any loss occurring after twelve months from the effective date of coverage\nfrom any preexisting condition not specifically excluded from coverage by terms\nof the policy. Except as so provided, the policy shall not include wording that\nwould permit a defense based upon preexisting conditions.\n\nB. 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: 1980, c. 204, \u00a7 38.1-362.15; 1981, c. 575; 1986, c. 562; 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}}