{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-3542.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-3542.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-3542.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-3542.html"}],"law_id":75709,"edition_id":1,"section_id":75709,"structure_id":13628,"section_number":"38.2-3542","catch_line":"Notice to employees upon termination of coverage; penalty for failure to remit funds","history":"1982, c. 586, \u00a7 38.1-356.01; 1986, cc. 251, 562; 1990, c. 301; 1999, c. 276.","full_text":"A\n\nAny employer who (i) assumes part or all of the cost of providing group accident and sickness insurance or a group health services plan or group health care plan for his employees under a group insurance policy or subscription contract or other evidence of coverage; (ii) provides a facility for deducting the full amount of the premium from employees’ salaries and remitting such premium to the insurer, health services plan, or health maintenance organization; or (iii) provides for health and medical care or reimbursement of medical expenses for his employees as a self-insurer, shall give written notice to participating employees in the event of termination or upon the receipt of notice of termination of any such policy, contract, coverage, or self-insurance not later than fifteen days after the termination of a self-insured plan or receipt of the notice of termination required by subsection C of this section.B\n\nAny employer who collects from his employees or covers any part of the cost of any of the policies, contracts, or coverages specified in subsection A of this section and who knowingly fails to remit to the insurer or plan such funds required to maintain coverage in accordance with the policy or contract provisions under which the employees are covered shall be guilty of a Class 1 misdemeanor and shall be subject to civil suit for any medical expenses the employee may become liable for as a result of the employer letting such coverage be terminated.C\n\nIn the event the coverages specified in subsection A of this section are terminated due to nonpayment of premium by the employer, no such coverages shall be terminated by an insurer, health services plan, health maintenance organization or health insurance issuer as defined in § 38.2-3431 with respect to a covered individual unless and until the employer has been provided with a written or printed notice of termination, including a specific date, not less than fifteen days from the date of such notice, by which coverage will terminate if overdue premium is not paid. Coverage shall not be permitted to terminate for at least fifteen days after such notice has been mailed. Each insurer, health services plan, or health maintenance organization shall make reimbursement on all valid claims for services incurred prior to the date coverage is terminated.","order_by":null,"text":{"0":{"id":271863,"text":"Any employer who (i) assumes part or all of the cost of providing group accident and sickness insurance or a group health services plan or group health care plan for his employees under a group insurance policy or subscription contract or other evidence of coverage; (ii) provides a facility for deducting the full amount of the premium from employees’ salaries and remitting such premium to the insurer, health services plan, or health maintenance organization; or (iii) provides for health and medical care or reimbursement of medical expenses for his employees as a self-insurer, shall give written notice to participating employees in the event of termination or upon the receipt of notice of termination of any such policy, contract, coverage, or self-insurance not later than fifteen days after the termination of a self-insured plan or receipt of the notice of termination required by subsection C of this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":271864,"text":"Any employer who collects from his employees or covers any part of the cost of any of the policies, contracts, or coverages specified in subsection A of this section and who knowingly fails to remit to the insurer or plan such funds required to maintain coverage in accordance with the policy or contract provisions under which the employees are covered shall be guilty of a Class 1 misdemeanor and shall be subject to civil suit for any medical expenses the employee may become liable for as a result of the employer letting such coverage be terminated.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":271865,"text":"In the event the coverages specified in subsection A of this section are terminated due to nonpayment of premium by the employer, no such coverages shall be terminated by an insurer, health services plan, health maintenance organization or health insurance issuer as defined in § 38.2-3431 with respect to a covered individual unless and until the employer has been provided with a written or printed notice of termination, including a specific date, not less than fifteen days from the date of such notice, by which coverage will terminate if overdue premium is not paid. Coverage shall not be permitted to terminate for at least fifteen days after such notice has been mailed. Each insurer, health services plan, or health maintenance organization shall make reimbursement on all valid claims for services incurred prior to the date coverage is terminated.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13628,"edition_id":1,"name":"Group Accident and Sickness Insurance Policies","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13348,"metadata":{},"date_created":"2026-06-26 03:45:25","date_modified":"2026-06-26 03:45:25","permalink":{"id":215739,"object_type":"structure","relational_id":13628,"identifier":"3","token":"38.2\/35\/3","url":"\/38.2\/35\/3\/","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":82746,"structure_id":13628,"section_number":"38.2-3521","catch_line":"Repealed","url":"\/38.2-3521\/","token":"38.2\/35\/3\/38.2-3521","metadata":false},{"id":83222,"structure_id":13628,"section_number":"38.2-3521.1","catch_line":"Group accident and sickness insurance definitions","url":"\/38.2-3521.1\/","token":"38.2\/35\/3\/38.2-3521.1","metadata":false},{"id":62206,"structure_id":13628,"section_number":"38.2-3521.2","catch_line":"Blanket accident and sickness insurance","url":"\/38.2-3521.2\/","token":"38.2\/35\/3\/38.2-3521.2","metadata":false},{"id":61357,"structure_id":13628,"section_number":"38.2-3522","catch_line":"Repealed","url":"\/38.2-3522\/","token":"38.2\/35\/3\/38.2-3522","metadata":false},{"id":67462,"structure_id":13628,"section_number":"38.2-3522.1","catch_line":"Limits of group accident and sickness insurance","url":"\/38.2-3522.1\/","token":"38.2\/35\/3\/38.2-3522.1","metadata":false},{"id":57697,"structure_id":13628,"section_number":"38.2-3523","catch_line":"Repealed","url":"\/38.2-3523\/","token":"38.2\/35\/3\/38.2-3523","metadata":false},{"id":71976,"structure_id":13628,"section_number":"38.2-3523.1","catch_line":"Review of records","url":"\/38.2-3523.1\/","token":"38.2\/35\/3\/38.2-3523.1","metadata":false},{"id":61669,"structure_id":13628,"section_number":"38.2-3523.2","catch_line":"Policies issued outside of the Commonwealth of Virginia","url":"\/38.2-3523.2\/","token":"38.2\/35\/3\/38.2-3523.2","metadata":false},{"id":59982,"structure_id":13628,"section_number":"38.2-3523.3","catch_line":"Requirements for those marketing group accident and sickness insurance","url":"\/38.2-3523.3\/","token":"38.2\/35\/3\/38.2-3523.3","metadata":false},{"id":84584,"structure_id":13628,"section_number":"38.2-3523.4","catch_line":"Minimum number of persons covered","url":"\/38.2-3523.4\/","token":"38.2\/35\/3\/38.2-3523.4","metadata":false},{"id":54597,"structure_id":13628,"section_number":"38.2-3524","catch_line":"Repealed","url":"\/38.2-3524\/","token":"38.2\/35\/3\/38.2-3524","metadata":false},{"id":78059,"structure_id":13628,"section_number":"38.2-3525","catch_line":"Group accident and sickness insurance coverages of spouses, dependent children or other persons","url":"\/38.2-3525\/","token":"38.2\/35\/3\/38.2-3525","metadata":false},{"id":70591,"structure_id":13628,"section_number":"38.2-3526","catch_line":"Standard provisions required; exceptions","url":"\/38.2-3526\/","token":"38.2\/35\/3\/38.2-3526","metadata":false},{"id":66611,"structure_id":13628,"section_number":"38.2-3527","catch_line":"Grace period","url":"\/38.2-3527\/","token":"38.2\/35\/3\/38.2-3527","metadata":false},{"id":71054,"structure_id":13628,"section_number":"38.2-3528","catch_line":"Incontestability","url":"\/38.2-3528\/","token":"38.2\/35\/3\/38.2-3528","metadata":false},{"id":80053,"structure_id":13628,"section_number":"38.2-3529","catch_line":"Entire contract; statements deemed representations","url":"\/38.2-3529\/","token":"38.2\/35\/3\/38.2-3529","metadata":false},{"id":59015,"structure_id":13628,"section_number":"38.2-3530","catch_line":"Evidence of individual insurability","url":"\/38.2-3530\/","token":"38.2\/35\/3\/38.2-3530","metadata":false},{"id":57577,"structure_id":13628,"section_number":"38.2-3531","catch_line":"Additional exclusions and limitations","url":"\/38.2-3531\/","token":"38.2\/35\/3\/38.2-3531","metadata":false},{"id":66450,"structure_id":13628,"section_number":"38.2-3532","catch_line":"Misstatement of age","url":"\/38.2-3532\/","token":"38.2\/35\/3\/38.2-3532","metadata":false},{"id":85603,"structure_id":13628,"section_number":"38.2-3533","catch_line":"Individual certificates","url":"\/38.2-3533\/","token":"38.2\/35\/3\/38.2-3533","metadata":false},{"id":72638,"structure_id":13628,"section_number":"38.2-3534","catch_line":"Notice of claim","url":"\/38.2-3534\/","token":"38.2\/35\/3\/38.2-3534","metadata":false},{"id":65149,"structure_id":13628,"section_number":"38.2-3535","catch_line":"Claim forms","url":"\/38.2-3535\/","token":"38.2\/35\/3\/38.2-3535","metadata":false},{"id":79101,"structure_id":13628,"section_number":"38.2-3536","catch_line":"Proofs of loss","url":"\/38.2-3536\/","token":"38.2\/35\/3\/38.2-3536","metadata":false},{"id":72065,"structure_id":13628,"section_number":"38.2-3537","catch_line":"Time of payment of claims","url":"\/38.2-3537\/","token":"38.2\/35\/3\/38.2-3537","metadata":false},{"id":65230,"structure_id":13628,"section_number":"38.2-3538","catch_line":"Payment of benefits","url":"\/38.2-3538\/","token":"38.2\/35\/3\/38.2-3538","metadata":false},{"id":69184,"structure_id":13628,"section_number":"38.2-3539","catch_line":"Physical examinations and autopsy","url":"\/38.2-3539\/","token":"38.2\/35\/3\/38.2-3539","metadata":false},{"id":77451,"structure_id":13628,"section_number":"38.2-3540","catch_line":"Legal actions","url":"\/38.2-3540\/","token":"38.2\/35\/3\/38.2-3540","metadata":false},{"id":58127,"structure_id":13628,"section_number":"38.2-3540.1","catch_line":"Claims experience","url":"\/38.2-3540.1\/","token":"38.2\/35\/3\/38.2-3540.1","metadata":false},{"id":82316,"structure_id":13628,"section_number":"38.2-3540.2","catch_line":"Employee wellness program","url":"\/38.2-3540.2\/","token":"38.2\/35\/3\/38.2-3540.2","metadata":false},{"id":55325,"structure_id":13628,"section_number":"38.2-3541","catch_line":"Continuation on termination of eligibility","url":"\/38.2-3541\/","token":"38.2\/35\/3\/38.2-3541","metadata":false},{"id":61422,"structure_id":13628,"section_number":"38.2-3541.1","catch_line":"Repealed","url":"\/38.2-3541.1\/","token":"38.2\/35\/3\/38.2-3541.1","metadata":false},{"id":63267,"structure_id":13628,"section_number":"38.2-3541.2","catch_line":"Enrollment following change in eligibility status under assistance programs","url":"\/38.2-3541.2\/","token":"38.2\/35\/3\/38.2-3541.2","metadata":false},{"id":75709,"structure_id":13628,"section_number":"38.2-3542","catch_line":"Notice to employees upon termination of coverage; penalty for failure to remit funds","url":"\/38.2-3542\/","token":"38.2\/35\/3\/38.2-3542","metadata":false},{"id":81170,"structure_id":13628,"section_number":"38.2-3543","catch_line":"Provisions required by other jurisdictions","url":"\/38.2-3543\/","token":"38.2\/35\/3\/38.2-3543","metadata":false},{"id":83285,"structure_id":13628,"section_number":"38.2-3543.1","catch_line":"Regulations","url":"\/38.2-3543.1\/","token":"38.2\/35\/3\/38.2-3543.1","metadata":false},{"id":65251,"structure_id":13628,"section_number":"38.2-3543.2","catch_line":"Applicability of laws","url":"\/38.2-3543.2\/","token":"38.2\/35\/3\/38.2-3543.2","metadata":false}],"previous_section":{"id":63267,"structure_id":13628,"section_number":"38.2-3541.2","catch_line":"Enrollment following change in eligibility status under assistance programs","url":"\/38.2-3541.2\/","token":"38.2\/35\/3\/38.2-3541.2","metadata":false},"next_section":{"id":81170,"structure_id":13628,"section_number":"38.2-3543","catch_line":"Provisions required by other jurisdictions","url":"\/38.2-3543\/","token":"38.2\/35\/3\/38.2-3543","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3542\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 586 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 1982 \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 1986, chapters 251 and 562; in 1990, chapter 301; in 1999, chapter 276<\/a>.<\/p>","references":[{"id":55347,"section_number":"38.2-4214","catch_line":"Application of certain provisions of law","order_by":null,"url":"\/38.2-4214\/"},{"id":67952,"section_number":"38.2-4319","catch_line":"Statutory construction and relationship to other laws","order_by":null,"url":"\/38.2-4319\/"}],"refers_to":[{"id":86404,"section_number":"38.2-3431","catch_line":"Application of article; definitions","order_by":null,"url":"\/38.2-3431\/"}],"permalink":{"id":215869,"object_type":"law","relational_id":75709,"identifier":"38.2-3542","token":"38.2\/35\/3\/38.2-3542","url":"\/38.2-3542\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-3542\/","token":"38.2\/35\/3\/38.2-3542","dublin_core":{"Title":"Notice to employees upon termination of coverage; penalty for failure to remit funds","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3542","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any employer who (i) assumes part or all of the cost of providing group accident and sickness insurance<\/span> or a group health services plan<\/span> or group health care plan for his employees under a group insurance<\/span> policy or subscription contract<\/span> or other evidence<\/span> of coverage; (ii) provides a facility for deducting the full amount of the premium from employees’ salaries and remitting such premium to the insurer<\/span>, health services plan<\/span>, or health maintenance organization; or (iii) provides for health and medical care or reimbursement of medical expenses for his employees as a self-insurer<\/span>, shall give written notice to participating employees in the event of termination or upon the receipt of notice of termination of any such policy, contract<\/span>, coverage, or self-insurance<\/span> not later than fifteen days after the termination of a self-insured plan or receipt of the notice of termination required by subsection C of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any employer who collects from his employees or covers any part of the cost of any of the policies, contracts<\/span>, or coverages specified in subsection A of this section and who knowingly fails to remit to the insurer<\/span> or plan such funds required to maintain coverage in accordance with the policy or contract<\/span> provisions under which the employees are covered shall be guilty of a Class 1 misdemeanor<\/span> and shall be subject to civil suit for any medical expenses the employee may become liable for as a result of the employer letting such coverage be terminated. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the event the coverages specified in subsection A of this section are terminated due to nonpayment of premium by the employer, no such coverages shall be terminated by an insurer<\/span>, health services plan<\/span>, health maintenance organization or health insurance<\/span> issuer as defined in § 38.2-3431<\/a> with respect to a covered individual unless and until the employer has been provided with a written or printed notice of termination, including a specific date, not less than fifteen days from the date of such notice, by which coverage will terminate if overdue premium is not paid. Coverage shall not be permitted to terminate for at least fifteen days after such notice has been mailed. Each insurer<\/span>, health services plan<\/span>, or health maintenance organization shall make reimbursement on all valid claims for services incurred prior to the date coverage is terminated. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNOTICE TO EMPLOYEES UPON TERMINATION OF COVERAGE; PENALTY FOR FAILURE TO REMIT\nFUNDS (\u00a7 38.2-3542)\n\nA. Any employer who (i) assumes part or all of the cost of providing group\naccident and sickness insurance or a group health services plan or group health\ncare plan for his employees under a group insurance policy or subscription\ncontract or other evidence of coverage; (ii) provides a facility for deducting\nthe full amount of the premium from employees’ salaries and remitting such\npremium to the insurer, health services plan, or health maintenance\norganization; or (iii) provides for health and medical care or reimbursement of\nmedical expenses for his employees as a self-insurer, shall give written notice\nto participating employees in the event of termination or upon the receipt of\nnotice of termination of any such policy, contract, coverage, or self-insurance\nnot later than fifteen days after the termination of a self-insured plan or\nreceipt of the notice of termination required by subsection C of this section.\n\nB. Any employer who collects from his employees or covers any part of the cost\nof any of the policies, contracts, or coverages specified in subsection A of\nthis section and who knowingly fails to remit to the insurer or plan such funds\nrequired to maintain coverage in accordance with the policy or contract\nprovisions under which the employees are covered shall be guilty of a Class 1\nmisdemeanor and shall be subject to civil suit for any medical expenses the\nemployee may become liable for as a result of the employer letting such coverage\nbe terminated.\n\nC. In the event the coverages specified in subsection A of this section are\nterminated due to nonpayment of premium by the employer, no such coverages shall\nbe terminated by an insurer, health services plan, health maintenance\norganization or health insurance issuer as defined in § 38.2-3431 with\nrespect to a covered individual unless and until the employer has been provided\nwith a written or printed notice of termination, including a specific date, not\nless than fifteen days from the date of such notice, by which coverage will\nterminate if overdue premium is not paid. Coverage shall not be permitted to\nterminate for at least fifteen days after such notice has been mailed. Each\ninsurer, health services plan, or health maintenance organization shall make\nreimbursement on all valid claims for services incurred prior to the date\ncoverage is terminated.\n\nHISTORY: 1982, c. 586, \u00a7 38.1-356.01; 1986, cc. 251, 562; 1990, c. 301; 1999,\nc. 276.","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}}