{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-3611.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-3611.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-3611.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-3611.html"}],"law_id":70309,"edition_id":1,"section_id":70309,"structure_id":16185,"section_number":"38.2-3611","catch_line":"Annual open enrollment period","history":"2025, cc. 530, 540.","full_text":"A\n\nAn insurer, health services plan, or health maintenance organization issuing individual Medicare supplement policies or certificates in the Commonwealth, including policies or certificates issued on an individual basis through a non-employer group trust, plan, or association, shall offer to an individual currently insured under any such policy or certificate an annual open enrollment period commencing on the day of the individual’s birthday and remaining open for at least 60 days thereafter, during which time the individual may purchase any Medicare supplement policy made available by any insurer in the Commonwealth that offers the same benefits as those provided by the current coverage. Innovative benefits, as described in 42 U.S.C. § 1395ss(p)(4)(B), shall not be considered when determining whether a Medicare supplement policy includes the same benefits as those provided by the previous coverage.B\n\nDuring the annual open enrollment period offered pursuant to this section, no insurer, health services plan, or health maintenance organization shall deny or condition the issuance or effectiveness, or discriminate in the price of coverage, of a Medicare supplement policy based on the health status, claims history, receipt of health care, or medical condition of an individual currently insured under any such policy.C\n\nAt least 15 days but not more than 30 days prior to the commencement of an annual open enrollment period for an individual to whom the open enrollment period established by the provisions of this section applies, the insurer, health services plan, or health maintenance organization issuing a Medicare supplement policy or certificate shall notify each such individual of:1\n\nThe dates on which the open enrollment period begins and ends;2\n\nThe rights of the individual during the open enrollment period; and3\n\nAny modification of the benefits provided by the policy under which the individual is currently insured or adjustment of the premiums charged for that policy.D\n\nAs used in this section, “Medicare supplement policy” includes policies offered by public entities that otherwise meet the requirements of this chapter.","order_by":null,"text":{"0":{"id":253842,"text":"An insurer, health services plan, or health maintenance organization issuing individual Medicare supplement policies or certificates in the Commonwealth, including policies or certificates issued on an individual basis through a non-employer group trust, plan, or association, shall offer to an individual currently insured under any such policy or certificate an annual open enrollment period commencing on the day of the individual’s birthday and remaining open for at least 60 days thereafter, during which time the individual may purchase any Medicare supplement policy made available by any insurer in the Commonwealth that offers the same benefits as those provided by the current coverage. Innovative benefits, as described in 42 U.S.C. § 1395ss(p)(4)(B), shall not be considered when determining whether a Medicare supplement policy includes the same benefits as those provided by the previous coverage.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":253843,"text":"During the annual open enrollment period offered pursuant to this section, no insurer, health services plan, or health maintenance organization shall deny or condition the issuance or effectiveness, or discriminate in the price of coverage, of a Medicare supplement policy based on the health status, claims history, receipt of health care, or medical condition of an individual currently insured under any such policy.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":253844,"text":"At least 15 days but not more than 30 days prior to the commencement of an annual open enrollment period for an individual to whom the open enrollment period established by the provisions of this section applies, the insurer, health services plan, or health maintenance organization issuing a Medicare supplement policy or certificate shall notify each such individual of:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":253845,"text":"The dates on which the open enrollment period begins and ends;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":253846,"text":"The rights of the individual during the open enrollment period; and","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":253847,"text":"Any modification of the benefits provided by the policy under which the individual is currently insured or adjustment of the premiums charged for that policy.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"D"},"6":{"id":253848,"text":"As used in this section, “Medicare supplement policy” includes policies offered by public entities that otherwise meet the requirements of this chapter.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C3"}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3611\/","history_text":"

This law was first created in 2025. The record of its establishment is cataloged in chapters 530<\/a> and 540<\/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":false,"permalink":{"id":216049,"object_type":"law","relational_id":70309,"identifier":"38.2-3611","token":"38.2\/36\/38.2-3611","url":"\/38.2-3611\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-3611\/","token":"38.2\/36\/38.2-3611","dublin_core":{"Title":"Annual open enrollment period","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3611","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 individual Medicare supplement policies or certificates in the Commonwealth, including policies or certificates issued on an individual basis through a non-employer group trust, plan, or association, shall offer to an individual currently insured under any such policy or certificate an annual open enrollment period commencing on the day of the individual’s birthday and remaining open for at least 60 days thereafter, during which time the individual may purchase any Medicare supplement policy<\/span> made available by any insurer<\/span> in the Commonwealth that offers the same benefits as those provided by the current coverage. Innovative benefits, as described in 42 U.S.C. § 1395ss(p)(4)(B), shall not be considered when determining whether a Medicare supplement policy<\/span> includes the same benefits as those provided by the previous coverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> During the annual open enrollment period offered pursuant to this section, no insurer<\/span>, health services plan<\/span>, or health maintenance organization shall deny or condition the issuance or effectiveness, or discriminate in the price of coverage, of a Medicare supplement policy<\/span> based on the health status, claims history, receipt of health care, or medical condition of an individual currently insured under any such policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> At least 15 days but not more than 30 days prior to the commencement of an annual open enrollment period for an individual to whom the open enrollment period established by the provisions of this section applies, the insurer<\/span>, health services plan<\/span>, or health maintenance organization issuing a Medicare supplement policy<\/span> or certificate shall notify each such individual of: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The dates on which the open enrollment period begins and ends; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The rights of the individual during the open enrollment period; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Any modification of the benefits provided by the policy under which the individual is currently insured or adjustment of the premiums charged for that policy. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> As used in this section, “Medicare supplement policy<\/span>” includes policies offered by public entities that otherwise meet the requirements of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nANNUAL OPEN ENROLLMENT PERIOD (\u00a7 38.2-3611)\n\nA. An insurer, health services plan, or health maintenance organization issuing\nindividual Medicare supplement policies or certificates in the Commonwealth,\nincluding policies or certificates issued on an individual basis through a\nnon-employer group trust, plan, or association, shall offer to an individual\ncurrently insured under any such policy or certificate an annual open enrollment\nperiod commencing on the day of the individual’s birthday and remaining\nopen for at least 60 days thereafter, during which time the individual may\npurchase any Medicare supplement policy made available by any insurer in the\nCommonwealth that offers the same benefits as those provided by the current\ncoverage. Innovative benefits, as described in 42 U.S.C. § 1395ss(p)(4)(B),\nshall not be considered when determining whether a Medicare supplement policy\nincludes the same benefits as those provided by the previous coverage.\n\nB. During the annual open enrollment period offered pursuant to this section, no\ninsurer, health services plan, or health maintenance organization shall deny or\ncondition the issuance or effectiveness, or discriminate in the price of\ncoverage, of a Medicare supplement policy based on the health status, claims\nhistory, receipt of health care, or medical condition of an individual currently\ninsured under any such policy.\n\nC. At least 15 days but not more than 30 days prior to the commencement of an\nannual open enrollment period for an individual to whom the open enrollment\nperiod established by the provisions of this section applies, the insurer,\nhealth services plan, or health maintenance organization issuing a Medicare\nsupplement policy or certificate shall notify each such individual of:\n\n 1. The dates on which the open enrollment period begins and ends;\n\n 2. The rights of the individual during the open enrollment period; and\n\n 3. Any modification of the benefits provided by the policy under which the\n individual is currently insured or adjustment of the premiums charged for that\n policy.\n\nD. As used in this section, “Medicare supplement policy” includes\npolicies offered by public entities that otherwise meet the requirements of this\nchapter.\n\nHISTORY: 2025, cc. 530, 540.","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}}