{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-3610.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-3610.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-3610.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-3610.html"}],"law_id":80992,"edition_id":1,"section_id":80992,"structure_id":16185,"section_number":"38.2-3610","catch_line":"Medicare supplement policies for persons eligible by reason of disability","history":"2020, c. 1161; 2023, cc. 371, 372.","full_text":"A\n\nAn insurer, health services plan, or health maintenance organization issuing Medicare supplement policies or certificates in the Commonwealth, including policies or certificates issued on an individual or group basis or through a group trust, shall offer the opportunity of enrolling in at least one of its issued Medicare supplement policies or certificates to any individual who resides in the Commonwealth, is under 65 years of age, is eligible for Medicare by reason of disability, as defined by 42 U.S.C. \u00a7 426(b) or 42 U.S.C. \u00a7 426-1, and is enrolled in Medicare Part A and B, or will be so enrolled by the effective date of coverage. Such Medicare supplement policies or certificates shall be issued on a guaranteed renewable basis under which the insurer shall be required to continue coverage as long as premiums are paid on the policy or certificate. Such Medicare supplement policies or certificates shall be offered:1\n\nUpon the request of the individual during the six-month period beginning with the first month in which the individual is eligible for Medicare by reason of a disability. For those persons who are retroactively enrolled in Medicare Part B due to a retroactive eligibility decision made by the Social Security Administration, the application must be submitted within a six-month period beginning with the month in which the person receives notification of the retroactive eligibility decision; or2\n\nUpon the request of the individual during the 63-day period following voluntary or involuntary termination of coverage under a group health plan.B\n\nThe six-month period to enroll in a Medicare supplement policy or certificate for an individual who is under 65 years of age and is eligible for Medicare by reason of disability under 42 U.S.C. § 426(b) and otherwise eligible under subsection A and first enrolled in Medicare Part B before January 1, 2021, shall begin on January 1, 2021. The six-month period to enroll in a Medicare supplement policy or certificate for an individual who is under 65 years of age and is eligible for Medicare by reason of disability under 42 U.S.C. § 426-1 and otherwise eligible under subsection A and first enrolled in Medicare Part B before January 1, 2024, shall begin on January 1, 2024.C\n\nA Medicare supplement policy or certificate issued to an individual under subsection A shall not exclude benefits based on a preexisting condition if the individual has a continuous period of creditable coverage of at least six months as of the effective date of coverage.D\n\nEffective January 1, 2024, an insurer shall not charge individuals who become eligible for Medicare by reason of disability and who are under 65 years of age premium rates for any Medicare supplement policy or certificate offered by the issuer that exceed the premium rates charged for such plan to individuals who are 65 years of age.E\n\nFor purposes of this section, “creditable coverage” and “group health plan” have the same meanings ascribed to the terms in § 38.2-3431.","order_by":null,"text":{"0":{"id":290278,"text":"An insurer, health services plan, or health maintenance organization issuing Medicare supplement policies or certificates in the Commonwealth, including policies or certificates issued on an individual or group basis or through a group trust, shall offer the opportunity of enrolling in at least one of its issued Medicare supplement policies or certificates to any individual who resides in the Commonwealth, is under 65 years of age, is eligible for Medicare by reason of disability, as defined by 42 U.S.C. \u00a7 426(b) or 42 U.S.C. \u00a7 426-1, and is enrolled in Medicare Part A and B, or will be so enrolled by the effective date of coverage. Such Medicare supplement policies or certificates shall be issued on a guaranteed renewable basis under which the insurer shall be required to continue coverage as long as premiums are paid on the policy or certificate. Such Medicare supplement policies or certificates shall be offered:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":290279,"text":"Upon the request of the individual during the six-month period beginning with the first month in which the individual is eligible for Medicare by reason of a disability. For those persons who are retroactively enrolled in Medicare Part B due to a retroactive eligibility decision made by the Social Security Administration, the application must be submitted within a six-month period beginning with the month in which the person receives notification of the retroactive eligibility decision; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":290280,"text":"Upon the request of the individual during the 63-day period following voluntary or involuntary termination of coverage under a group health plan.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":290281,"text":"The six-month period to enroll in a Medicare supplement policy or certificate for an individual who is under 65 years of age and is eligible for Medicare by reason of disability under 42 U.S.C. § 426(b) and otherwise eligible under subsection A and first enrolled in Medicare Part B before January 1, 2021, shall begin on January 1, 2021. The six-month period to enroll in a Medicare supplement policy or certificate for an individual who is under 65 years of age and is eligible for Medicare by reason of disability under 42 U.S.C. § 426-1 and otherwise eligible under subsection A and first enrolled in Medicare Part B before January 1, 2024, shall begin on January 1, 2024.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":290282,"text":"A Medicare supplement policy or certificate issued to an individual under subsection A shall not exclude benefits based on a preexisting condition if the individual has a continuous period of creditable coverage of at least six months as of the effective date of coverage.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":290283,"text":"Effective January 1, 2024, an insurer shall not charge individuals who become eligible for Medicare by reason of disability and who are under 65 years of age premium rates for any Medicare supplement policy or certificate offered by the issuer that exceed the premium rates charged for such plan to individuals who are 65 years of age.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":290284,"text":"For purposes of this section, “creditable coverage” and “group health plan” have the same meanings ascribed to the terms in § 38.2-3431.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":16185,"edition_id":1,"name":"Medicare Supplement Policies","identifier":"36","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 04:08:31","date_modified":"2026-06-26 04:08:31","permalink":{"id":216003,"object_type":"structure","relational_id":16185,"identifier":"36","token":"38.2\/36","url":"\/38.2\/36\/","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":84516,"structure_id":16185,"section_number":"38.2-3600","catch_line":"Medicare supplement policy; definition","url":"\/38.2-3600\/","token":"38.2\/36\/38.2-3600","metadata":false},{"id":87447,"structure_id":16185,"section_number":"38.2-3601","catch_line":"Medicare supplement policies; minimum return for group policies generally","url":"\/38.2-3601\/","token":"38.2\/36\/38.2-3601","metadata":false},{"id":78844,"structure_id":16185,"section_number":"38.2-3602","catch_line":"Repealed","url":"\/38.2-3602\/","token":"38.2\/36\/38.2-3602","metadata":false},{"id":83912,"structure_id":16185,"section_number":"38.2-3603","catch_line":"Same; minimum return for individual policies","url":"\/38.2-3603\/","token":"38.2\/36\/38.2-3603","metadata":false},{"id":72778,"structure_id":16185,"section_number":"38.2-3604","catch_line":"Free look notice required","url":"\/38.2-3604\/","token":"38.2\/36\/38.2-3604","metadata":false},{"id":64580,"structure_id":16185,"section_number":"38.2-3605","catch_line":"Coverage of preexisting conditions; Medicare supplement policies","url":"\/38.2-3605\/","token":"38.2\/36\/38.2-3605","metadata":false},{"id":84017,"structure_id":16185,"section_number":"38.2-3606","catch_line":"Outline of coverage","url":"\/38.2-3606\/","token":"38.2\/36\/38.2-3606","metadata":false},{"id":72816,"structure_id":16185,"section_number":"38.2-3607","catch_line":"Group or individual Medicare supplement policies; minimum standards","url":"\/38.2-3607\/","token":"38.2\/36\/38.2-3607","metadata":false},{"id":76715,"structure_id":16185,"section_number":"38.2-3608","catch_line":"Regulations establishing minimum standards","url":"\/38.2-3608\/","token":"38.2\/36\/38.2-3608","metadata":false},{"id":79289,"structure_id":16185,"section_number":"38.2-3609","catch_line":"Insurer to file copy of advertisement with Commission","url":"\/38.2-3609\/","token":"38.2\/36\/38.2-3609","metadata":false},{"id":80992,"structure_id":16185,"section_number":"38.2-3610","catch_line":"Medicare supplement policies for persons eligible by reason of disability","url":"\/38.2-3610\/","token":"38.2\/36\/38.2-3610","metadata":false},{"id":70309,"structure_id":16185,"section_number":"38.2-3611","catch_line":"Annual open enrollment period","url":"\/38.2-3611\/","token":"38.2\/36\/38.2-3611","metadata":false}],"previous_section":{"id":79289,"structure_id":16185,"section_number":"38.2-3609","catch_line":"Insurer to file copy of advertisement with Commission","url":"\/38.2-3609\/","token":"38.2\/36\/38.2-3609","metadata":false},"next_section":{"id":70309,"structure_id":16185,"section_number":"38.2-3611","catch_line":"Annual open enrollment period","url":"\/38.2-3611\/","token":"38.2\/36\/38.2-3611","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3610\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 1161<\/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 1 time. 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. That modification is as follows: in 2023, chapters 371<\/a> and 372<\/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":216045,"object_type":"law","relational_id":80992,"identifier":"38.2-3610","token":"38.2\/36\/38.2-3610","url":"\/38.2-3610\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-3610\/","token":"38.2\/36\/38.2-3610","dublin_core":{"Title":"Medicare supplement policies for persons eligible by reason of disability","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3610","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> An insurer<\/span>, health services plan<\/span>, or health maintenance organization issuing Medicare<\/span> supplement policies or certificates in the Commonwealth, including policies or certificates issued on an individual or group basis or through a group trust, shall offer the opportunity of enrolling in at least one of its issued Medicare<\/span> supplement policies or certificates to any individual who resides in the Commonwealth, is under 65 years of age, is eligible for Medicare<\/span> by reason of disability, as defined by 42 U.S.C. \u00a7 426(b) or 42 U.S.C. \u00a7 426-1, and is enrolled in Medicare<\/span> Part A and B, or will be so enrolled by the effective date of coverage. Such Medicare<\/span> supplement policies or certificates shall be issued on a guaranteed renewable basis under which the insurer<\/span> shall be required to continue coverage as long as premiums are paid on the policy or certificate. Such Medicare<\/span> supplement policies or certificates shall be offered: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Upon the request of the individual during the six-month period beginning with the first month in which the individual is eligible for Medicare<\/span> by reason of a disability. For those persons<\/span> who are retroactively enrolled in Medicare<\/span> Part B due to a retroactive eligibility decision made by the Social Security Administration, the application must be submitted within a six-month period beginning with the month in which the person<\/span> receives notification of the retroactive eligibility decision; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Upon the request of the individual during the 63-day period following voluntary or involuntary termination of coverage under a group health plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The six-month period to enroll in a Medicare<\/span> supplement policy or certificate for an individual who is under 65 years of age and is eligible for Medicare<\/span> by reason of disability under 42 U.S.C. § 426(b) and otherwise eligible under subsection A and first enrolled in Medicare<\/span> Part B before January 1, 2021, shall begin on January 1, 2021. The six-month period to enroll in a Medicare<\/span> supplement policy or certificate for an individual who is under 65 years of age and is eligible for Medicare<\/span> by reason of disability under 42 U.S.C. § 426-1 and otherwise eligible under subsection A and first enrolled in Medicare<\/span> Part B before January 1, 2024, shall begin on January 1, 2024. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A Medicare<\/span> supplement policy or certificate issued to an individual under subsection A shall not exclude benefits based on a preexisting condition if the individual has a continuous period of creditable coverage of at least six months as of the effective date of coverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Effective January 1, 2024, an insurer<\/span> shall not charge individuals who become eligible for Medicare<\/span> by reason of disability and who are under 65 years of age premium rates<\/span><\/span> for any Medicare<\/span> supplement policy or certificate offered by the issuer that exceed the premium rates<\/span><\/span> charged for such plan to individuals who are 65 years of age. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> For purposes of this section, “creditable coverage” and “group health plan” have the same meanings ascribed to the terms in § 38.2-3431<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEDICARE SUPPLEMENT POLICIES FOR PERSONS ELIGIBLE BY REASON OF DISABILITY (\u00a7\n38.2-3610)\n\nA. An insurer, health services plan, or health maintenance organization issuing\nMedicare supplement policies or certificates in the Commonwealth, including\npolicies or certificates issued on an individual or group basis or through a\ngroup trust, shall offer the opportunity of enrolling in at least one of its\nissued Medicare supplement policies or certificates to any individual who\nresides in the Commonwealth, is under 65 years of age, is eligible for Medicare\nby reason of disability, as defined by 42 U.S.C. \u00a7 426(b) or 42 U.S.C. \u00a7\n426-1, and is enrolled in Medicare Part A and B, or will be so enrolled by the\neffective date of coverage. Such Medicare supplement policies or certificates\nshall be issued on a guaranteed renewable basis under which the insurer shall be\nrequired to continue coverage as long as premiums are paid on the policy or\ncertificate. Such Medicare supplement policies or certificates shall be offered:\n\n 1. Upon the request of the individual during the six-month period beginning\n with the first month in which the individual is eligible for Medicare by\n reason of a disability. For those persons who are retroactively enrolled in\n Medicare Part B due to a retroactive eligibility decision made by the Social\n Security Administration, the application must be submitted within a six-month\n period beginning with the month in which the person receives notification of\n the retroactive eligibility decision; or\n\n 2. Upon the request of the individual during the 63-day period following\n voluntary or involuntary termination of coverage under a group health plan.\n\nB. The six-month period to enroll in a Medicare supplement policy or certificate\nfor an individual who is under 65 years of age and is eligible for Medicare by\nreason of disability under 42 U.S.C. § 426(b) and otherwise eligible under\nsubsection A and first enrolled in Medicare Part B before January 1, 2021, shall\nbegin on January 1, 2021. The six-month period to enroll in a Medicare\nsupplement policy or certificate for an individual who is under 65 years of age\nand is eligible for Medicare by reason of disability under 42 U.S.C. §\n426-1 and otherwise eligible under subsection A and first enrolled in Medicare\nPart B before January 1, 2024, shall begin on January 1, 2024.\n\nC. A Medicare supplement policy or certificate issued to an individual under\nsubsection A shall not exclude benefits based on a preexisting condition if the\nindividual has a continuous period of creditable coverage of at least six months\nas of the effective date of coverage.\n\nD. Effective January 1, 2024, an insurer shall not charge individuals who become\neligible for Medicare by reason of disability and who are under 65 years of age\npremium rates for any Medicare supplement policy or certificate offered by the\nissuer that exceed the premium rates charged for such plan to individuals who\nare 65 years of age.\n\nE. For purposes of this section, “creditable coverage” and\n“group health plan” have the same meanings ascribed to the terms in\n§ 38.2-3431.\n\nHISTORY: 2020, c. 1161; 2023, cc. 371, 372.","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}}