{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-6604.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-6604.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-6604.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-6604.html"}],"law_id":87186,"edition_id":1,"section_id":87186,"structure_id":15471,"section_number":"38.2-6604","catch_line":"Commonwealth Health Reinsurance Program Special Fund","history":"2021, Sp. Sess. I, c. 480.","full_text":"A\n\nThe Commission shall be authorized to fund the operations of the Program and to fund other purposes to implement the approved State Innovation Waiver through funds provided to the Commonwealth pursuant to the State Innovation Waiver requested pursuant to &#xA7; 38.2-6606 and all funds appropriated for such purpose. All funds received under this section and paid into the state treasury shall be deposited to a special fund designated the &#8220;Commonwealth Health Reinsurance Program Special Fund State Corporation Commission.&#8221; Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used for (i) the purposes of increasing affordability in the individual market through the Program with a goal of decreasing premiums by up to 20 percent, depending on available revenue and (ii) the establishment, operation, and administration of the Program in carrying out the purposes authorized under this chapter, to include additional purposes to implement an approved State Innovation Waiver with funds that remain following the payment of all applicable reinsurance requests for a benefit year.B\n\nThe Commission shall not use any special fund revenues dedicated to its other functions and duties, including revenues from utility consumer taxes or fees from licensees regulated by the Commission, or fees paid to the office of the Clerk of the Commission, to fund any of the activities or operating expenses of the Program. The Commission shall not pay any funds beyond the moneys in the Fund for the establishment, administration, or operation of the Program.C\n\nThe provision of reinsurance payments shall not constitute an entitlement derived from the Commonwealth or a claim on any other money of the Commonwealth.D\n\nThe Commission shall have no responsibility to make reinsurance payments that would be payable out of federal pass-through funding if such federal pass-through funding is insufficient to fully make such payments.","order_by":null,"text":{"0":{"id":312189,"text":"The Commission shall be authorized to fund the operations of the Program and to fund other purposes to implement the approved State Innovation Waiver through funds provided to the Commonwealth pursuant to the State Innovation Waiver requested pursuant to &#xA7; 38.2-6606 and all funds appropriated for such purpose. All funds received under this section and paid into the state treasury shall be deposited to a special fund designated the &#8220;Commonwealth Health Reinsurance Program Special Fund State Corporation Commission.&#8221; Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund. Moneys in the Fund shall be used for (i) the purposes of increasing affordability in the individual market through the Program with a goal of decreasing premiums by up to 20 percent, depending on available revenue and (ii) the establishment, operation, and administration of the Program in carrying out the purposes authorized under this chapter, to include additional purposes to implement an approved State Innovation Waiver with funds that remain following the payment of all applicable reinsurance requests for a benefit year.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":312190,"text":"The Commission shall not use any special fund revenues dedicated to its other functions and duties, including revenues from utility consumer taxes or fees from licensees regulated by the Commission, or fees paid to the office of the Clerk of the Commission, to fund any of the activities or operating expenses of the Program. The Commission shall not pay any funds beyond the moneys in the Fund for the establishment, administration, or operation of the Program.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":312191,"text":"The provision of reinsurance payments shall not constitute an entitlement derived from the Commonwealth or a claim on any other money of the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":312192,"text":"The Commission shall have no responsibility to make reinsurance payments that would be payable out of federal pass-through funding if such federal pass-through funding is insufficient to fully make such payments.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15471,"edition_id":1,"name":"Commonwealth Health Reinsurance Program","identifier":"66","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:55:18","date_modified":"2026-06-26 03:55:18","permalink":{"id":218419,"object_type":"structure","relational_id":15471,"identifier":"66","token":"38.2\/66","url":"\/38.2\/66\/","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":76403,"structure_id":15471,"section_number":"38.2-6600","catch_line":"Definitions","url":"\/38.2-6600\/","token":"38.2\/66\/38.2-6600","metadata":false},{"id":58939,"structure_id":15471,"section_number":"38.2-6601","catch_line":"Commission powers and duties; rules; report","url":"\/38.2-6601\/","token":"38.2\/66\/38.2-6601","metadata":false},{"id":62335,"structure_id":15471,"section_number":"38.2-6602","catch_line":"Commonwealth Health Reinsurance Program; established","url":"\/38.2-6602\/","token":"38.2\/66\/38.2-6602","metadata":false},{"id":87443,"structure_id":15471,"section_number":"38.2-6603","catch_line":"Accounting; reports","url":"\/38.2-6603\/","token":"38.2\/66\/38.2-6603","metadata":false},{"id":87186,"structure_id":15471,"section_number":"38.2-6604","catch_line":"Commonwealth Health Reinsurance Program Special Fund","url":"\/38.2-6604\/","token":"38.2\/66\/38.2-6604","metadata":false},{"id":87098,"structure_id":15471,"section_number":"38.2-6605","catch_line":"Confidentiality of data","url":"\/38.2-6605\/","token":"38.2\/66\/38.2-6605","metadata":false},{"id":67978,"structure_id":15471,"section_number":"38.2-6606","catch_line":"State Innovation Waiver request","url":"\/38.2-6606\/","token":"38.2\/66\/38.2-6606","metadata":false}],"previous_section":{"id":87443,"structure_id":15471,"section_number":"38.2-6603","catch_line":"Accounting; reports","url":"\/38.2-6603\/","token":"38.2\/66\/38.2-6603","metadata":false},"next_section":{"id":87098,"structure_id":15471,"section_number":"38.2-6605","catch_line":"Confidentiality of data","url":"\/38.2-6605\/","token":"38.2\/66\/38.2-6605","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-6604\/","history_text":false,"references":[{"id":76403,"section_number":"38.2-6600","catch_line":"Definitions","order_by":null,"url":"\/38.2-6600\/"}],"refers_to":[{"id":67978,"section_number":"38.2-6606","catch_line":"State Innovation Waiver request","order_by":null,"url":"\/38.2-6606\/"}],"permalink":{"id":218437,"object_type":"law","relational_id":87186,"identifier":"38.2-6604","token":"38.2\/66\/38.2-6604","url":"\/38.2-6604\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-6604\/","token":"38.2\/66\/38.2-6604","dublin_core":{"Title":"Commonwealth Health Reinsurance Program Special Fund","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-6604","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">Commission<\/span> shall be authorized to <span class=\"dictionary\">fund<\/span> the operations of the <span class=\"dictionary\">Program<\/span> and to <span class=\"dictionary\">fund<\/span> other purposes to implement the approved <span class=\"dictionary\">State Innovation Waiver<\/span> through <span class=\"dictionary\">funds<\/span> provided to the Commonwealth pursuant to the <span class=\"dictionary\">State Innovation Waiver<\/span> requested pursuant to &#xA7; <a class=\"law\" title=\"State Innovation Waiver request\" href=\"\/38.2-6606\/\">38.2-6606<\/a> and all <span class=\"dictionary\">funds<\/span> appropriated for such purpose. All <span class=\"dictionary\">funds<\/span> received under this section and paid into the state treasury shall be deposited to a special <span class=\"dictionary\">fund<\/span> designated the &#8220;Commonwealth Health Reinsurance <span class=\"dictionary\">Program<\/span> Special <span class=\"dictionary\">Fund<\/span> State Corporation <span class=\"dictionary\">Commission<\/span>.&#8221; Interest earned on moneys in the <span class=\"dictionary\">Fund<\/span> shall remain in the <span class=\"dictionary\">Fund<\/span> and be credited to it. Any moneys remaining in the <span class=\"dictionary\">Fund<\/span>, including interest thereon, at the end of each fiscal year shall not revert to the general <span class=\"dictionary\">fund<\/span> but shall remain in the <span class=\"dictionary\">Fund<\/span>. Moneys in the <span class=\"dictionary\">Fund<\/span> shall be used for (i) the purposes of increasing affordability in the individual market through the <span class=\"dictionary\">Program<\/span> with a goal of decreasing premiums by up to 20 percent, depending on available revenue and (ii) the establishment, operation, and administration of the <span class=\"dictionary\">Program<\/span> in carrying out the purposes authorized under this chapter, to include additional purposes to implement an approved <span class=\"dictionary\">State Innovation Waiver<\/span> with <span class=\"dictionary\">funds<\/span> that remain following the payment of all applicable reinsurance requests for a <span class=\"dictionary\">benefit year<\/span>. <a id=\"paragraph-312189\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-6604\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The <span class=\"dictionary\">Commission<\/span> shall not use any special <span class=\"dictionary\">fund<\/span> revenues dedicated to its other functions and duties, including revenues from utility consumer taxes or fees from licensees regulated by the <span class=\"dictionary\">Commission<\/span>, or fees paid to the office of the Clerk of the <span class=\"dictionary\">Commission<\/span>, to <span class=\"dictionary\">fund<\/span> any of the activities or operating expenses of the <span class=\"dictionary\">Program<\/span>. The <span class=\"dictionary\">Commission<\/span> shall not pay any <span class=\"dictionary\">funds<\/span> beyond the moneys in the <span class=\"dictionary\">Fund<\/span> for the establishment, administration, or operation of the <span class=\"dictionary\">Program<\/span>. <a id=\"paragraph-312190\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-6604\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The provision of <span class=\"dictionary\">reinsurance payments<\/span> shall not constitute an entitlement derived from the Commonwealth or a claim on any other money of the Commonwealth. <a id=\"paragraph-312191\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-6604\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> The <span class=\"dictionary\">Commission<\/span> shall have no responsibility to make <span class=\"dictionary\">reinsurance payments<\/span> that would be payable out of federal pass-through funding if such federal pass-through funding is insufficient to fully make such payments. <a id=\"paragraph-312192\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/38.2-6604\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nCOMMONWEALTH HEALTH REINSURANCE PROGRAM SPECIAL FUND (\u00a7 38.2-6604)\n\nA. The Commission shall be authorized to fund the operations of the Program and\nto fund other purposes to implement the approved State Innovation Waiver through\nfunds provided to the Commonwealth pursuant to the State Innovation Waiver\nrequested pursuant to &#xA7; 38.2-6606 and all funds appropriated for such\npurpose. All funds received under this section and paid into the state treasury\nshall be deposited to a special fund designated the &#8220;Commonwealth Health\nReinsurance Program Special Fund State Corporation Commission.&#8221; Interest\nearned on moneys in the Fund shall remain in the Fund and be credited to it. Any\nmoneys remaining in the Fund, including interest thereon, at the end of each\nfiscal year shall not revert to the general fund but shall remain in the Fund.\nMoneys in the Fund shall be used for (i) the purposes of increasing\naffordability in the individual market through the Program with a goal of\ndecreasing premiums by up to 20 percent, depending on available revenue and (ii)\nthe establishment, operation, and administration of the Program in carrying out\nthe purposes authorized under this chapter, to include additional purposes to\nimplement an approved State Innovation Waiver with funds that remain following\nthe payment of all applicable reinsurance requests for a benefit year.\n\nB. The Commission shall not use any special fund revenues dedicated to its other\nfunctions and duties, including revenues from utility consumer taxes or fees\nfrom licensees regulated by the Commission, or fees paid to the office of the\nClerk of the Commission, to fund any of the activities or operating expenses of\nthe Program. The Commission shall not pay any funds beyond the moneys in the\nFund for the establishment, administration, or operation of the Program.\n\nC. The provision of reinsurance payments shall not constitute an entitlement\nderived from the Commonwealth or a claim on any other money of the Commonwealth.\n\nD. The Commission shall have no responsibility to make reinsurance payments that\nwould be payable out of federal pass-through funding if such federal\npass-through funding is insufficient to fully make such payments.\n\nHISTORY: 2021, Sp. Sess. I, c. 480.","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}}