{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5202.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5202.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5202.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5202.html"}],"law_id":60910,"edition_id":1,"section_id":60910,"structure_id":15692,"section_number":"38.2-5202","catch_line":"Promulgation of regulations; standards for policy provisions","history":"1987, c. 586; 1990, c. 285; 2000, c. 559; 2001, c. 114.","full_text":"A\n\nThe Commission may adopt regulations to establish specific standards for policy provisions of long-term care insurance policies. These standards shall be in addition to and in accordance with applicable laws of this Commonwealth. The standards shall address terms of renewability, nonforfeiture provisions if applicable, initial and subsequent conditions of eligibility, continuation or conversion, nonduplication of coverage provisions, coverage of dependents, preexisting conditions, termination of insurance, probationary periods, limitations, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, definitions of terms, and disclosure of rating practices to consumers and may address any other standards considered appropriate by the Commission.B\n\nThe Commission shall promulgate such regulations regarding long-term care insurance policies and certificates as it deems appropriate.C\n\nRegulations issued by the Commission shall:1\n\nRecognize the unique, developing and experimental nature of long-term care insurance;2\n\nRecognize the appropriate distinctions necessary between group and individual long-term care insurance policies;3\n\nRecognize the unique needs of both those individuals who have reached retirement age and those preretirement individuals interested in purchasing long-term care insurance products; and4\n\nRecognize the appropriate distinctions necessary between long-term care insurance and accident and sickness insurance policies, prepaid health plans, and other health service plans.","order_by":null,"text":{"0":{"id":222773,"text":"The Commission may adopt regulations to establish specific standards for policy provisions of long-term care insurance policies. These standards shall be in addition to and in accordance with applicable laws of this Commonwealth. The standards shall address terms of renewability, nonforfeiture provisions if applicable, initial and subsequent conditions of eligibility, continuation or conversion, nonduplication of coverage provisions, coverage of dependents, preexisting conditions, termination of insurance, probationary periods, limitations, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, definitions of terms, and disclosure of rating practices to consumers and may address any other standards considered appropriate by the Commission.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":222774,"text":"The Commission shall promulgate such regulations regarding long-term care insurance policies and certificates as it deems appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":222775,"text":"Regulations issued by the Commission shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":222776,"text":"Recognize the unique, developing and experimental nature of long-term care insurance;","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":222777,"text":"Recognize the appropriate distinctions necessary between group and individual long-term care insurance policies;","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C3"},"5":{"id":222778,"text":"Recognize the unique needs of both those individuals who have reached retirement age and those preretirement individuals interested in purchasing long-term care insurance products; and","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"6":{"id":222779,"text":"Recognize the appropriate distinctions necessary between long-term care insurance and accident and sickness insurance policies, prepaid health plans, and other health service plans.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3"}},"ancestry":[{"id":15692,"edition_id":1,"name":"Long-Term Care Insurance","identifier":"52","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:57:59","date_modified":"2026-06-26 03:57:59","permalink":{"id":217773,"object_type":"structure","relational_id":15692,"identifier":"52","token":"38.2\/52","url":"\/38.2\/52\/","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":81666,"structure_id":15692,"section_number":"38.2-5200","catch_line":"Definitions","url":"\/38.2-5200\/","token":"38.2\/52\/38.2-5200","metadata":false},{"id":69288,"structure_id":15692,"section_number":"38.2-5201","catch_line":"What laws applicable","url":"\/38.2-5201\/","token":"38.2\/52\/38.2-5201","metadata":false},{"id":60910,"structure_id":15692,"section_number":"38.2-5202","catch_line":"Promulgation of regulations; standards for policy provisions","url":"\/38.2-5202\/","token":"38.2\/52\/38.2-5202","metadata":false},{"id":81626,"structure_id":15692,"section_number":"38.2-5202.1","catch_line":"Refund of premium for cancellation or termination of policy","url":"\/38.2-5202.1\/","token":"38.2\/52\/38.2-5202.1","metadata":false},{"id":63690,"structure_id":15692,"section_number":"38.2-5203","catch_line":"Prohibited provisions","url":"\/38.2-5203\/","token":"38.2\/52\/38.2-5203","metadata":false},{"id":78536,"structure_id":15692,"section_number":"38.2-5204","catch_line":"Preexisting conditions","url":"\/38.2-5204\/","token":"38.2\/52\/38.2-5204","metadata":false},{"id":72116,"structure_id":15692,"section_number":"38.2-5205","catch_line":"Prior institutionalization","url":"\/38.2-5205\/","token":"38.2\/52\/38.2-5205","metadata":false},{"id":60114,"structure_id":15692,"section_number":"38.2-5206","catch_line":"Rates","url":"\/38.2-5206\/","token":"38.2\/52\/38.2-5206","metadata":false},{"id":61118,"structure_id":15692,"section_number":"38.2-5206.1","catch_line":"Rate increases; notice requirements","url":"\/38.2-5206.1\/","token":"38.2\/52\/38.2-5206.1","metadata":false},{"id":78975,"structure_id":15692,"section_number":"38.2-5207","catch_line":"Disclosure","url":"\/38.2-5207\/","token":"38.2\/52\/38.2-5207","metadata":false},{"id":86980,"structure_id":15692,"section_number":"38.2-5207.1","catch_line":"Disclosure; life insurance policies","url":"\/38.2-5207.1\/","token":"38.2\/52\/38.2-5207.1","metadata":false},{"id":66370,"structure_id":15692,"section_number":"38.2-5207.2","catch_line":"Long-term care benefits; monthly report","url":"\/38.2-5207.2\/","token":"38.2\/52\/38.2-5207.2","metadata":false},{"id":61536,"structure_id":15692,"section_number":"38.2-5208","catch_line":"Right to return; free look provision","url":"\/38.2-5208\/","token":"38.2\/52\/38.2-5208","metadata":false},{"id":65391,"structure_id":15692,"section_number":"38.2-5209","catch_line":"Incontestability","url":"\/38.2-5209\/","token":"38.2\/52\/38.2-5209","metadata":false},{"id":74733,"structure_id":15692,"section_number":"38.2-5210","catch_line":"Nonforfeiture benefit","url":"\/38.2-5210\/","token":"38.2\/52\/38.2-5210","metadata":false}],"previous_section":{"id":69288,"structure_id":15692,"section_number":"38.2-5201","catch_line":"What laws applicable","url":"\/38.2-5201\/","token":"38.2\/52\/38.2-5201","metadata":false},"next_section":{"id":81626,"structure_id":15692,"section_number":"38.2-5202.1","catch_line":"Refund of premium for cancellation or termination of policy","url":"\/38.2-5202.1\/","token":"38.2\/52\/38.2-5202.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5202\/","history_text":"

This law was first created in 1987. 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 1987 \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 1990, chapter 285; in 2000, chapter 559<\/a>; in 2001, chapter 114<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":217783,"object_type":"law","relational_id":60910,"identifier":"38.2-5202","token":"38.2\/52\/38.2-5202","url":"\/38.2-5202\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5202\/","token":"38.2\/52\/38.2-5202","dublin_core":{"Title":"Promulgation of regulations; standards for policy provisions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5202","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commission<\/span> may adopt regulations to establish specific standards for policy<\/span> provisions of long-term care insurance<\/span> policies. These standards shall be in addition to and in accordance with applicable laws<\/span> of this Commonwealth. The standards shall address terms of renewability, nonforfeiture provisions if applicable, initial and subsequent conditions of eligibility, continuation or conversion, nonduplication of coverage provisions, coverage of dependents, preexisting conditions, termination of insurance, probationary periods, limitations, exceptions, reductions, elimination periods, requirements for replacement, recurrent conditions, definitions of terms, and disclosure of rating practices to consumers and may address any other standards considered appropriate by the Commission<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commission<\/span> shall promulgate such regulations regarding long-term care insurance<\/span> policies and certificates<\/span> as it deems appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Regulations issued by the Commission<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Recognize the unique, developing and experimental nature of long-term care insurance<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Recognize the appropriate distinctions necessary between group and individual long-term care insurance<\/span> policies; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Recognize the unique needs of both those individuals who have reached retirement age and those preretirement individuals interested in purchasing long-term care insurance<\/span> products; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Recognize the appropriate distinctions necessary between long-term care insurance<\/span> and accident and sickness insurance policies<\/span>, prepaid health plans, and other health service plans. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROMULGATION OF REGULATIONS; STANDARDS FOR POLICY PROVISIONS (\u00a7 38.2-5202)\n\nA. The Commission may adopt regulations to establish specific standards for\npolicy provisions of long-term care insurance policies. These standards shall be\nin addition to and in accordance with applicable laws of this Commonwealth. The\nstandards shall address terms of renewability, nonforfeiture provisions if\napplicable, initial and subsequent conditions of eligibility, continuation or\nconversion, nonduplication of coverage provisions, coverage of dependents,\npreexisting conditions, termination of insurance, probationary periods,\nlimitations, exceptions, reductions, elimination periods, requirements for\nreplacement, recurrent conditions, definitions of terms, and disclosure of\nrating practices to consumers and may address any other standards considered\nappropriate by the Commission.\n\nB. The Commission shall promulgate such regulations regarding long-term care\ninsurance policies and certificates as it deems appropriate.\n\nC. Regulations issued by the Commission shall:\n\n 1. Recognize the unique, developing and experimental nature of long-term care\n insurance;\n\n 2. Recognize the appropriate distinctions necessary between group and\n individual long-term care insurance policies;\n\n 3. Recognize the unique needs of both those individuals who have reached\n retirement age and those preretirement individuals interested in purchasing\n long-term care insurance products; and\n\n 4. Recognize the appropriate distinctions necessary between long-term care\n insurance and accident and sickness insurance policies, prepaid health plans,\n and other health service plans.\n\nHISTORY: 1987, c. 586; 1990, c. 285; 2000, c. 559; 2001, c. 114.","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}}