{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-6509.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-6509.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-6509.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-6509.html"}],"law_id":84381,"edition_id":1,"section_id":84381,"structure_id":12800,"section_number":"38.2-6509","catch_line":"Choice","history":"2020, cc. 916, 917.","full_text":"A\n\nIn accordance with § 1312(f)(2)(A) of the Federal Act, a qualified employer may either designate one or more qualified health plans from which its eligible employees may choose or designate any level of coverage to be made available to eligible employees through an Exchange.B\n\nIn accordance with § 1312(b) of the Federal Act, a qualified individual enrolled in any qualified health plan may pay any applicable premium owed by such individual to the health carrier issuing such qualified health plan.C\n\nIn accordance with \u00a7 1312(d) of the Federal Act:1\n\nThis section shall not prohibit:\n\t\t\t\ta. A health carrier from offering outside of an Exchange a health benefit plan to a qualified individual or qualified employer; or\n\t\t\t\tb. A qualified individual from enrolling in, or a qualified employer from selecting for its eligible employees, a health benefit plan offered outside of an Exchange; and2\n\nThis section shall not limit the operation of any requirement under state law or regulation with respect to any policy or plan that is offered outside of the Exchange with respect to any requirement to offer benefits.D\n\nNothing in this section shall restrict the choice of a qualified individual to enroll or not to enroll in a qualified health plan or to participate in an Exchange.E\n\nNothing in this section shall compel an individual to enroll in a qualified health plan or to participate in an Exchange.F\n\nA qualified individual may enroll in any qualified health plan, except that in the case of a catastrophic plan described in § 1302(e) of the Federal Act, a qualified individual may enroll in the plan only if the individual is eligible to enroll in the plan under § 1302(e)(2) of the Federal Act.G\n\nIn accordance with \u00a7 1312(e) of the Federal Act, the Exchange may, for a licensed agent who agrees to comply with regulatory requirements, including advance registration with the Exchange, completion of training, and adherence to privacy and security standards set by the Exchange, allow such licensed agents:1\n\nTo enroll qualified individuals and qualified employers in any qualified health plan or any qualified dental plan offered through the Exchange for which the individual or employer is eligible; and2\n\nTo assist qualified individuals in applying for premium tax credits and cost-sharing reductions for qualified health plans purchased through the Exchange.","order_by":null,"text":{"0":{"id":302405,"text":"In accordance with § 1312(f)(2)(A) of the Federal Act, a qualified employer may either designate one or more qualified health plans from which its eligible employees may choose or designate any level of coverage to be made available to eligible employees through an Exchange.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":302406,"text":"In accordance with § 1312(b) of the Federal Act, a qualified individual enrolled in any qualified health plan may pay any applicable premium owed by such individual to the health carrier issuing such qualified health plan.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":302407,"text":"In accordance with \u00a7 1312(d) of the Federal Act:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":302408,"text":"This section shall not prohibit:\n\t\t\t\ta. A health carrier from offering outside of an Exchange a health benefit plan to a qualified individual or qualified employer; or\n\t\t\t\tb. A qualified individual from enrolling in, or a qualified employer from selecting for its eligible employees, a health benefit plan offered outside of an Exchange; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":302409,"text":"This section shall not limit the operation of any requirement under state law or regulation with respect to any policy or plan that is offered outside of the Exchange with respect to any requirement to offer benefits.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":302410,"text":"Nothing in this section shall restrict the choice of a qualified individual to enroll or not to enroll in a qualified health plan or to participate in an Exchange.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":302411,"text":"Nothing in this section shall compel an individual to enroll in a qualified health plan or to participate in an Exchange.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":302412,"text":"A qualified individual may enroll in any qualified health plan, except that in the case of a catastrophic plan described in § 1302(e) of the Federal Act, a qualified individual may enroll in the plan only if the individual is eligible to enroll in the plan under § 1302(e)(2) of the Federal Act.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":302413,"text":"In accordance with \u00a7 1312(e) of the Federal Act, the Exchange may, for a licensed agent who agrees to comply with regulatory requirements, including advance registration with the Exchange, completion of training, and adherence to privacy and security standards set by the Exchange, allow such licensed agents:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"9":{"id":302414,"text":"To enroll qualified individuals and qualified employers in any qualified health plan or any qualified dental plan offered through the Exchange for which the individual or employer is eligible; and","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"10":{"id":302415,"text":"To assist qualified individuals in applying for premium tax credits and cost-sharing reductions for qualified health plans purchased through the Exchange.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1"}},"ancestry":[{"id":12800,"edition_id":1,"name":"Virginia Health Benefit Exchange","identifier":"65","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":218345,"object_type":"structure","relational_id":12800,"identifier":"65","token":"38.2\/65","url":"\/38.2\/65\/","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":75766,"structure_id":12800,"section_number":"38.2-6500","catch_line":"Definitions","url":"\/38.2-6500\/","token":"38.2\/65\/38.2-6500","metadata":false},{"id":84565,"structure_id":12800,"section_number":"38.2-6501","catch_line":"Exchange objectives","url":"\/38.2-6501\/","token":"38.2\/65\/38.2-6501","metadata":false},{"id":59610,"structure_id":12800,"section_number":"38.2-6502","catch_line":"Division established; 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This law was first created in 2020. The record of its establishment is cataloged in chapters 916<\/a> and 917<\/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":218383,"object_type":"law","relational_id":84381,"identifier":"38.2-6509","token":"38.2\/65\/38.2-6509","url":"\/38.2-6509\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-6509\/","token":"38.2\/65\/38.2-6509","dublin_core":{"Title":"Choice","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-6509","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In accordance with § 1312(f)(2)(A) of the Federal Act<\/span>, a qualified employer<\/span> may either designate one or more qualified health plans<\/span> from which its eligible employees<\/span> may choose or designate any level of coverage to be made available to eligible employees<\/span> through an Exchange. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In accordance with § 1312(b) of the Federal Act<\/span>, a qualified individual<\/span> enrolled in any qualified health plan<\/span> may pay any applicable premium owed by such individual to the health carrier<\/span> issuing such qualified health plan<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In accordance with \u00a7 1312(d) of the Federal Act<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> This section shall not prohibit:\n\t\t\t\ta. A health carrier<\/span> from offering outside of an Exchange a health benefit plan<\/span> to a qualified individual<\/span> or qualified employer<\/span>; or\n\t\t\t\tb. A qualified individual<\/span> from enrolling in, or a qualified employer<\/span> from selecting for its eligible employees<\/span>, a health benefit plan<\/span> offered outside of an Exchange; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> This section shall not limit the operation of any requirement under state<\/span> law<\/span> or regulation with respect to any policy or plan that is offered outside of the Exchange with respect to any requirement to offer benefits. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Nothing in this section shall restrict the choice of a qualified individual<\/span> to enroll or not to enroll in a qualified health plan<\/span> or to participate in an Exchange. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Nothing in this section shall compel an individual to enroll in a qualified health plan<\/span> or to participate in an Exchange. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A qualified individual<\/span> may enroll in any qualified health plan<\/span>, except that in the case of a catastrophic plan described in § 1302(e) of the Federal Act<\/span>, a qualified individual<\/span> may enroll in the plan only if the individual is eligible to enroll in the plan under § 1302(e)(2) of the Federal Act<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In accordance with \u00a7 1312(e) of the Federal Act<\/span>, the Exchange may, for a licensed agent who agrees to comply with regulatory requirements, including advance registration with the Exchange, completion of training, and adherence to privacy and security standards set by the Exchange, allow such licensed agents: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To enroll qualified individuals<\/span> and qualified employers<\/span> in any qualified health plan<\/span> or any qualified dental plan<\/span> offered through the Exchange for which the individual or employer is eligible; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> To assist qualified individuals<\/span> in applying for premium tax credits and cost-sharing reductions for qualified health plans<\/span> purchased through the Exchange. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCHOICE (\u00a7 38.2-6509)\n\nA. In accordance with § 1312(f)(2)(A) of the Federal Act, a qualified\nemployer may either designate one or more qualified health plans from which its\neligible employees may choose or designate any level of coverage to be made\navailable to eligible employees through an Exchange.\n\nB. In accordance with § 1312(b) of the Federal Act, a qualified individual\nenrolled in any qualified health plan may pay any applicable premium owed by\nsuch individual to the health carrier issuing such qualified health plan.\n\nC. In accordance with \u00a7 1312(d) of the Federal Act:\n\n 1. This section shall not prohibit:\n \t\t\t\ta. A health carrier from offering outside of an Exchange a health benefit\n plan to a qualified individual or qualified employer; or\n \t\t\t\tb. A qualified individual from enrolling in, or a qualified employer from\n selecting for its eligible employees, a health benefit plan offered outside of\n an Exchange; and\n\n 2. This section shall not limit the operation of any requirement under state\n law or regulation with respect to any policy or plan that is offered outside\n of the Exchange with respect to any requirement to offer benefits.\n\nD. Nothing in this section shall restrict the choice of a qualified individual\nto enroll or not to enroll in a qualified health plan or to participate in an\nExchange.\n\nE. Nothing in this section shall compel an individual to enroll in a qualified\nhealth plan or to participate in an Exchange.\n\nF. A qualified individual may enroll in any qualified health plan, except that\nin the case of a catastrophic plan described in § 1302(e) of the Federal\nAct, a qualified individual may enroll in the plan only if the individual is\neligible to enroll in the plan under § 1302(e)(2) of the Federal Act.\n\nG. In accordance with \u00a7 1312(e) of the Federal Act, the Exchange may, for a\nlicensed agent who agrees to comply with regulatory requirements, including\nadvance registration with the Exchange, completion of training, and adherence to\nprivacy and security standards set by the Exchange, allow such licensed agents:\n\n 1. To enroll qualified individuals and qualified employers in any qualified\n health plan or any qualified dental plan offered through the Exchange for\n which the individual or employer is eligible; and\n\n 2. To assist qualified individuals in applying for premium tax credits and\n cost-sharing reductions for qualified health plans purchased through the\n Exchange.\n\nHISTORY: 2020, cc. 916, 917.","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}}