{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-5203.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-5203.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-5203.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-5203.html"}],"law_id":63690,"edition_id":1,"section_id":63690,"structure_id":15692,"section_number":"38.2-5203","catch_line":"Prohibited provisions","history":"1987, c. 586; 1990, c. 285; 2000, c. 559.","full_text":"No long-term care insurance policy may:\n\n1\n\nBe cancelled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificateholder;2\n\nContain a provision establishing any new waiting period in the event existing coverage is converted to or replaced by a new or other form within the same company, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder;3\n\nProvide coverage for skilled nursing care only or provide significantly more coverage for skilled care in a facility than coverage for lower levels of care;4\n\nBe issued based on medical or health status when the policy is issued by an agent or third-party administrator pursuant to the underwriting authority granted to the agent or third-party administrator by the insurer; or5\n\nProvide that an insurer who has paid benefits under a long-term care insurance policy or certificate may recover the benefit payments in the event that the policy or certificate is rescinded.","order_by":null,"text":{"0":{"id":231979,"text":"No long-term care insurance policy may:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":231980,"text":"Be cancelled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificateholder;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":231981,"text":"Contain a provision establishing any new waiting period in the event existing coverage is converted to or replaced by a new or other form within the same company, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":231982,"text":"Provide coverage for skilled nursing care only or provide significantly more coverage for skilled care in a facility than coverage for lower levels of care;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":231983,"text":"Be issued based on medical or health status when the policy is issued by an agent or third-party administrator pursuant to the underwriting authority granted to the agent or third-party administrator by the insurer; or","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":231984,"text":"Provide that an insurer who has paid benefits under a long-term care insurance policy or certificate may recover the benefit payments in the event that the policy or certificate is rescinded.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-5203\/","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 2 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>.<\/p>","references":false,"refers_to":false,"permalink":{"id":217791,"object_type":"law","relational_id":63690,"identifier":"38.2-5203","token":"38.2\/52\/38.2-5203","url":"\/38.2-5203\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-5203\/","token":"38.2\/52\/38.2-5203","dublin_core":{"Title":"Prohibited provisions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-5203","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

No long-term care insurance<\/span> policy<\/span> may:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Be cancelled, nonrenewed, or otherwise terminated on the grounds of the age or the deterioration of the mental or physical health of the insured individual or certificateholder; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Contain a provision establishing any new waiting period in the event existing coverage is converted to or replaced by a new or other form within the same company<\/span>, except with respect to an increase in benefits voluntarily selected by the insured individual or group policyholder; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Provide coverage for skilled nursing care only or provide significantly more coverage for skilled care in a facility than coverage for lower levels of care; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Be issued based on medical or health status when the policy<\/span> is issued by an agent or third-party<\/span> administrator pursuant to the underwriting authority granted to the agent or third-party<\/span> administrator by the insurer<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Provide that an insurer<\/span> who has paid benefits under a long-term care insurance<\/span> policy<\/span> or certificate<\/span> may recover the benefit payments in the event that the policy<\/span> or certificate<\/span> is rescinded. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROHIBITED PROVISIONS (\u00a7 38.2-5203)\n\nNo long-term care insurance policy may:\n\n1. Be cancelled, nonrenewed, or otherwise terminated on the grounds of the age\nor the deterioration of the mental or physical health of the insured individual\nor certificateholder;\n\n2. Contain a provision establishing any new waiting period in the event existing\ncoverage is converted to or replaced by a new or other form within the same\ncompany, except with respect to an increase in benefits voluntarily selected by\nthe insured individual or group policyholder;\n\n3. Provide coverage for skilled nursing care only or provide significantly more\ncoverage for skilled care in a facility than coverage for lower levels of care;\n\n4. Be issued based on medical or health status when the policy is issued by an\nagent or third-party administrator pursuant to the underwriting authority\ngranted to the agent or third-party administrator by the insurer; or\n\n5. Provide that an insurer who has paid benefits under a long-term care\ninsurance policy or certificate may recover the benefit payments in the event\nthat the policy or certificate is rescinded.\n\nHISTORY: 1987, c. 586; 1990, c. 285; 2000, c. 559.","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}}