{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-27.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-27.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-27.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-27.5.html"}],"law_id":71560,"edition_id":1,"section_id":71560,"structure_id":15725,"section_number":"8.01-27.5","catch_line":"Duty of in-network providers to submit claims to health insurers; liability of covered patients for unbilled health care services","history":"2013, c. 700; 2014, cc. 157, 417; 2018, c. 788; 2022, c. 351.","full_text":"A\n\nAs used in this section:\n\t\t\t“Covered patient” means a patient whose health care services are covered under terms of a health care policy.\n\t\t\t“Health care policy” means any health care plan, subscription contract, evidence of coverage, certificate, health services plan, medical or hospital services plan, accident and sickness insurance policy or certificate, or other similar certificate, policy, contract, or arrangement, and any endorsement or rider thereto, offered, arranged, issued, or administered by a health insurer to an individual or a group contract holder to cover all or a portion of the cost of individuals, or their eligible dependents, receiving covered health care services. “Health care policy” includes coverages issued pursuant to (i) Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2 (state employees); (ii) § 2.2-1204 (local choice); (iii) 5 U.S.C. § 8901 et seq. (federal employees); (iv) an employee welfare benefit plan as defined in 29 U.S.C. § 1002 (1) of the Employee Retirement Income Security Act of 1974 (ERISA) that is self-insured or self-funded; and (v) Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (Medicare), Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (Medicaid), or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq. (CHIP). “Health care policy” does not include (a) Chapter 55 of Title 10 of the United States Code, 10 U.S.C. § 1071 et seq. (TRICARE); (b) subscription contracts for one or more dental or optometric services plans that are subject to Chapter 45 (§ 38.2-4500 et seq.) of Title 38.2; (c) insurance policies that provide coverage, singly or in combination, for death, dismemberment, disability, or hospital and medical care caused by or necessitated as a result of accident or specified kinds of accidents, including student accident, sports accident, blanket accident, specific accident, and accidental death and dismemberment policies; (d) credit life insurance and credit accident and sickness insurance issued pursuant to Chapter 37.1 (§ 38.2-3717 et seq.) of Title 38.2; (e) insurance policies that provide payments when an insured is disabled or unable to work because of illness, disease, or injury, including incidental benefits; (f) long-term care insurance as defined in § 38.2-5200; (g) plans providing only limited health care services under § 38.2-4300 unless offered by endorsement or rider to a group health benefit plan; (h) TRICARE supplement, Medicare supplement, or workers’ compensation coverages; or (i) medical expense coverage issued pursuant to § 38.2-2201.\n\t\t\t“Health care provider” has the same meaning ascribed to the term in § 8.01-581.1.\n\t\t\t“Health care services” means items or services furnished to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury, or physical disability.\n\t\t\t“Health insurer” means any entity that is the issuer or sponsor of a health care policy.\n\t\t\t“In-network provider” means a health care provider that is employed by or has entered into a provider agreement with the health insurer that has issued the health care policy or is a participating provider with such health insurer, under which agreement or conditions of participation the health care provider has agreed to provide health care services to covered patients.\n\t\t\t“Patient” means an individual who receives health care services from a health care provider, or any person authorized by law to consent on behalf of the individual incapable of making an informed decision, or, in the case of a minor child, the parent or parents having custody of the child or the child’s legal guardian, or as otherwise provided by law.\n\t\t\t“Provider agreement” means a contract, agreement, or arrangement between a health care provider and a health insurer, or a health insurer’s network, provider panel, intermediary, or representative, under which the health care provider has agreed to provide health care services to patients with coverage under a health care policy issued by the health insurer and to accept payment from the health insurer for the health care services provided.B\n\nAn in-network provider that provides health care services to a covered patient shall submit its claim to the health insurer for the health care services in accordance with the terms of the applicable provider agreement or as permitted under applicable federal or state laws or regulations, provided that the covered patient provides the in-network provider with information required by the terms of the covered patient’s health care policy’s plan documents, including the information that is required to verify the individual’s coverage under the health care policy, within not fewer than 21 business days before the deadline for the in-network provider to submit its claim to the health insurer as required by the terms of the provider agreement. If an in-network provider does not submit its claim to the health insurer in accordance with the requirements of this subsection, then (i) the covered patient shall have no obligation to pay for health care services for which the in-network provider was required to submit its claim, (ii) the in-network provider shall not have the benefit of the liens provided by §§ 8.01-66.2 and 8.01-66.9 with regard to health care services for which the in-network provider was required to submit its claim, and (iii) the in-network provider shall be prohibited from recovering payment for any of the health care services for which it was required to submit its claim from an insurer providing medical expense benefits to the covered patient under a policy of motor vehicle liability insurance pursuant to § 38.2-2201, by exercising an assignment of the covered patient’s rights to the medical expense benefits or by other means. If the in-network provider submits its claim to the health insurer in accordance with the requirements of this subsection, the covered patient or the health insurer shall be obligated to pay for the health care services in accordance with the terms of the provider agreement or health care policy’s plan documents. To the extent that self-insured or self-funded plans governed by ERISA or Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (Medicare), Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (Medicaid), or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq. (CHIP) provide otherwise, health care providers shall be permitted to submit claims and coordinate benefits as provided for in the provider agreements or plan documents or as required under applicable federal and state laws and regulations.C\n\nAny knowing violation of the provisions of this section shall constitute a prohibited practice in accordance with § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).","order_by":null,"text":{"0":{"id":257946,"text":"As used in this section:\n\t\t\t“Covered patient” means a patient whose health care services are covered under terms of a health care policy.\n\t\t\t“Health care policy” means any health care plan, subscription contract, evidence of coverage, certificate, health services plan, medical or hospital services plan, accident and sickness insurance policy or certificate, or other similar certificate, policy, contract, or arrangement, and any endorsement or rider thereto, offered, arranged, issued, or administered by a health insurer to an individual or a group contract holder to cover all or a portion of the cost of individuals, or their eligible dependents, receiving covered health care services. “Health care policy” includes coverages issued pursuant to (i) Chapter 28 (§ 2.2-2800 et seq.) of Title 2.2 (state employees); (ii) § 2.2-1204 (local choice); (iii) 5 U.S.C. § 8901 et seq. (federal employees); (iv) an employee welfare benefit plan as defined in 29 U.S.C. § 1002 (1) of the Employee Retirement Income Security Act of 1974 (ERISA) that is self-insured or self-funded; and (v) Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (Medicare), Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (Medicaid), or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq. (CHIP). “Health care policy” does not include (a) Chapter 55 of Title 10 of the United States Code, 10 U.S.C. § 1071 et seq. (TRICARE); (b) subscription contracts for one or more dental or optometric services plans that are subject to Chapter 45 (§ 38.2-4500 et seq.) of Title 38.2; (c) insurance policies that provide coverage, singly or in combination, for death, dismemberment, disability, or hospital and medical care caused by or necessitated as a result of accident or specified kinds of accidents, including student accident, sports accident, blanket accident, specific accident, and accidental death and dismemberment policies; (d) credit life insurance and credit accident and sickness insurance issued pursuant to Chapter 37.1 (§ 38.2-3717 et seq.) of Title 38.2; (e) insurance policies that provide payments when an insured is disabled or unable to work because of illness, disease, or injury, including incidental benefits; (f) long-term care insurance as defined in § 38.2-5200; (g) plans providing only limited health care services under § 38.2-4300 unless offered by endorsement or rider to a group health benefit plan; (h) TRICARE supplement, Medicare supplement, or workers’ compensation coverages; or (i) medical expense coverage issued pursuant to § 38.2-2201.\n\t\t\t“Health care provider” has the same meaning ascribed to the term in § 8.01-581.1.\n\t\t\t“Health care services” means items or services furnished to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury, or physical disability.\n\t\t\t“Health insurer” means any entity that is the issuer or sponsor of a health care policy.\n\t\t\t“In-network provider” means a health care provider that is employed by or has entered into a provider agreement with the health insurer that has issued the health care policy or is a participating provider with such health insurer, under which agreement or conditions of participation the health care provider has agreed to provide health care services to covered patients.\n\t\t\t“Patient” means an individual who receives health care services from a health care provider, or any person authorized by law to consent on behalf of the individual incapable of making an informed decision, or, in the case of a minor child, the parent or parents having custody of the child or the child’s legal guardian, or as otherwise provided by law.\n\t\t\t“Provider agreement” means a contract, agreement, or arrangement between a health care provider and a health insurer, or a health insurer’s network, provider panel, intermediary, or representative, under which the health care provider has agreed to provide health care services to patients with coverage under a health care policy issued by the health insurer and to accept payment from the health insurer for the health care services provided.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":257947,"text":"An in-network provider that provides health care services to a covered patient shall submit its claim to the health insurer for the health care services in accordance with the terms of the applicable provider agreement or as permitted under applicable federal or state laws or regulations, provided that the covered patient provides the in-network provider with information required by the terms of the covered patient’s health care policy’s plan documents, including the information that is required to verify the individual’s coverage under the health care policy, within not fewer than 21 business days before the deadline for the in-network provider to submit its claim to the health insurer as required by the terms of the provider agreement. If an in-network provider does not submit its claim to the health insurer in accordance with the requirements of this subsection, then (i) the covered patient shall have no obligation to pay for health care services for which the in-network provider was required to submit its claim, (ii) the in-network provider shall not have the benefit of the liens provided by §§ 8.01-66.2 and 8.01-66.9 with regard to health care services for which the in-network provider was required to submit its claim, and (iii) the in-network provider shall be prohibited from recovering payment for any of the health care services for which it was required to submit its claim from an insurer providing medical expense benefits to the covered patient under a policy of motor vehicle liability insurance pursuant to § 38.2-2201, by exercising an assignment of the covered patient’s rights to the medical expense benefits or by other means. If the in-network provider submits its claim to the health insurer in accordance with the requirements of this subsection, the covered patient or the health insurer shall be obligated to pay for the health care services in accordance with the terms of the provider agreement or health care policy’s plan documents. To the extent that self-insured or self-funded plans governed by ERISA or Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (Medicare), Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (Medicaid), or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq. (CHIP) provide otherwise, health care providers shall be permitted to submit claims and coordinate benefits as provided for in the provider agreements or plan documents or as required under applicable federal and state laws and regulations.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":257948,"text":"Any knowing violation of the provisions of this section shall constitute a prohibited practice in accordance with § 59.1-200 and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196 et seq.).","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15725,"edition_id":1,"name":"Actions on Contracts Generally","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:58:26","date_modified":"2026-06-26 03:58:26","permalink":{"id":280373,"object_type":"structure","relational_id":15725,"identifier":"2","token":"8.01\/3\/2","url":"\/8.01\/3\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":60317,"structure_id":15725,"section_number":"8.01-27","catch_line":"Civil action on note or writing promising to pay money","url":"\/8.01-27\/","token":"8.01\/3\/2\/8.01-27","metadata":false},{"id":68293,"structure_id":15725,"section_number":"8.01-27.1","catch_line":"Additional recovery in certain civil actions concerning checks or rejected electronic funds transfers","url":"\/8.01-27.1\/","token":"8.01\/3\/2\/8.01-27.1","metadata":false},{"id":69072,"structure_id":15725,"section_number":"8.01-27.2","catch_line":"Civil recovery for giving bad check","url":"\/8.01-27.2\/","token":"8.01\/3\/2\/8.01-27.2","metadata":false},{"id":60921,"structure_id":15725,"section_number":"8.01-27.3","catch_line":"Evidence in actions regarding issuance of bad check","url":"\/8.01-27.3\/","token":"8.01\/3\/2\/8.01-27.3","metadata":false},{"id":64489,"structure_id":15725,"section_number":"8.01-27.4","catch_line":"Civil recovery for professional services","url":"\/8.01-27.4\/","token":"8.01\/3\/2\/8.01-27.4","metadata":false},{"id":71560,"structure_id":15725,"section_number":"8.01-27.5","catch_line":"Duty of in-network providers to submit claims to health insurers; liability of covered patients for unbilled health care services","url":"\/8.01-27.5\/","token":"8.01\/3\/2\/8.01-27.5","metadata":false},{"id":76858,"structure_id":15725,"section_number":"8.01-28","catch_line":"When judgment to be given in action upon contract or note unless defendant appears and denies claim under oath","url":"\/8.01-28\/","token":"8.01\/3\/2\/8.01-28","metadata":false},{"id":78708,"structure_id":15725,"section_number":"8.01-29","catch_line":"Procedure in actions on annuity and installment bonds, and other actions for penalties for nonperformance","url":"\/8.01-29\/","token":"8.01\/3\/2\/8.01-29","metadata":false},{"id":68590,"structure_id":15725,"section_number":"8.01-30","catch_line":"Procedure in actions on contracts made by several persons","url":"\/8.01-30\/","token":"8.01\/3\/2\/8.01-30","metadata":false},{"id":70643,"structure_id":15725,"section_number":"8.01-31","catch_line":"Accounting in equity","url":"\/8.01-31\/","token":"8.01\/3\/2\/8.01-31","metadata":false},{"id":85088,"structure_id":15725,"section_number":"8.01-32","catch_line":"Action on lost evidences of debt","url":"\/8.01-32\/","token":"8.01\/3\/2\/8.01-32","metadata":false},{"id":78916,"structure_id":15725,"section_number":"8.01-33","catch_line":"Equitable relief in certain cases","url":"\/8.01-33\/","token":"8.01\/3\/2\/8.01-33","metadata":false}],"previous_section":{"id":64489,"structure_id":15725,"section_number":"8.01-27.4","catch_line":"Civil recovery for professional services","url":"\/8.01-27.4\/","token":"8.01\/3\/2\/8.01-27.4","metadata":false},"next_section":{"id":76858,"structure_id":15725,"section_number":"8.01-28","catch_line":"When judgment to be given in action upon contract or note unless defendant appears and denies claim under oath","url":"\/8.01-28\/","token":"8.01\/3\/2\/8.01-28","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-27.5\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 700<\/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. 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 2014, chapters 157<\/a> and 417<\/a>; in 2018, chapter 788<\/a>; in 2022, chapter 351<\/a>.<\/p>","references":[{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"}],"refers_to":[{"id":64954,"section_number":"2.2-1204","catch_line":"Health insurance program for employees of local governments, local officers, teachers, etc.; definitions","order_by":null,"url":"\/2.2-1204\/"},{"id":68109,"section_number":"2.2-2800","catch_line":"Disability to hold state office","order_by":null,"url":"\/2.2-2800\/"},{"id":82480,"section_number":"38.2-2201","catch_line":"Provisions for payment of medical expense and loss of income benefits; assignment of certain benefits","order_by":null,"url":"\/38.2-2201\/"},{"id":78738,"section_number":"38.2-3717","catch_line":"Scope","order_by":null,"url":"\/38.2-3717\/"},{"id":72005,"section_number":"38.2-4300","catch_line":"Definitions","order_by":null,"url":"\/38.2-4300\/"},{"id":59325,"section_number":"38.2-4500","catch_line":"Applicability of chapter","order_by":null,"url":"\/38.2-4500\/"},{"id":81666,"section_number":"38.2-5200","catch_line":"Definitions","order_by":null,"url":"\/38.2-5200\/"},{"id":56198,"section_number":"59.1-196","catch_line":"Title","order_by":null,"url":"\/59.1-196\/"},{"id":82977,"section_number":"59.1-200","catch_line":"Prohibited practices","order_by":null,"url":"\/59.1-200\/"},{"id":79489,"section_number":"8.01-581.1","catch_line":"Definitions","order_by":null,"url":"\/8.01-581.1\/"},{"id":57933,"section_number":"8.01-66.2","catch_line":"Lien against person whose negligence causes injury","order_by":null,"url":"\/8.01-66.2\/"},{"id":72844,"section_number":"8.01-66.9","catch_line":"Lien in favor of Commonwealth, its programs, institutions or departments on claim for personal injuries","order_by":null,"url":"\/8.01-66.9\/"}],"permalink":{"id":280395,"object_type":"law","relational_id":71560,"identifier":"8.01-27.5","token":"8.01\/3\/2\/8.01-27.5","url":"\/8.01-27.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-27.5\/","token":"8.01\/3\/2\/8.01-27.5","dublin_core":{"Title":"Duty of in-network providers to submit claims to health insurers; liability of covered patients for unbilled health care services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-27.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Covered patient<\/span>” means a patient whose health care services<\/span> are covered under terms of a health care policy<\/span>.\n\t\t\t“Health care policy<\/span>” means any health care plan, subscription contract<\/span>, evidence<\/span> of coverage, certificate, health services plan, medical or hospital services plan, accident and sickness insurance policy or certificate, or other similar certificate, policy, contract<\/span>, or arrangement, and any endorsement or rider thereto, offered, arranged, issued, or administered by a health insurer<\/span> to an individual or a group contract<\/span> holder to cover all or a portion of the cost of individuals, or their eligible dependents, receiving covered health care services<\/span>. “Health care policy<\/span>” includes coverages issued pursuant to (i) Chapter 28 (§ 2.2-2800<\/a> et seq.) of Title 2.2 (state employees); (ii) § 2.2-1204<\/a> (local choice); (iii) 5 U.S.C. § 8901 et seq. (federal employees); (iv) an employee welfare benefit plan as defined in 29 U.S.C. § 1002 (1) of the Employee Retirement Income Security Act of 1974 (ERISA) that is self-insured or self-funded; and (v) Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (Medicare), Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (Medicaid), or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq. (CHIP). “Health care policy<\/span>” does not include (a) Chapter 55 of Title 10 of the United States Code, 10 U.S.C. § 1071 et seq. (TRICARE); (b) subscription contracts<\/span> for one or more dental or optometric services plans that are subject to Chapter 45 (§ 38.2-4500<\/a> et seq.) of Title 38.2; (c) insurance policies that provide coverage, singly or in combination, for death, dismemberment, disability, or hospital and medical care caused by or necessitated as a result of accident or specified kinds of accidents, including student accident, sports accident, blanket accident, specific accident, and accidental death and dismemberment policies; (d) credit life insurance and credit accident and sickness insurance issued pursuant to Chapter 37.1 (§ 38.2-3717<\/a> et seq.) of Title 38.2; (e) insurance policies that provide payments when an insured is disabled or unable to work because of illness, disease, or injury, including incidental benefits; (f) long-term care insurance as defined in § 38.2-5200<\/a>; (g) plans providing only limited health care services<\/span> under § 38.2-4300<\/a> unless offered by endorsement or rider to a group health benefit plan; (h) TRICARE supplement, Medicare supplement, or workers’ compensation coverages; or (i) medical expense coverage issued pursuant to § 38.2-2201<\/a>.\n\t\t\t“Health care provider” has the same meaning ascribed to the term in § 8.01-581.1<\/a>.\n\t\t\t“Health care services<\/span>” means items or services furnished to any individual for the purpose of preventing, alleviating, curing, or healing human illness, injury, or physical disability.\n\t\t\t“Health insurer<\/span>” means any entity that is the issuer or sponsor of a health care policy<\/span>.\n\t\t\t“In-network provider<\/span>” means a health care provider that is employed by or has entered into a provider agreement<\/span> with the health insurer<\/span> that has issued the health care policy<\/span> or is a participating provider with such health insurer<\/span>, under which agreement or conditions of participation the health care provider has agreed to provide health care services<\/span> to covered patients<\/span>.\n\t\t\t“Patient” means an individual who receives health care services<\/span> from a health care provider, or any person<\/span> authorized by law<\/span> to consent on behalf of the individual incapable of making an informed decision, or, in the case of a minor<\/span> child, the parent or parents having custody<\/span> of the child or the child’s legal guardian, or as otherwise provided by law<\/span>.\n\t\t\t“Provider agreement<\/span>” means a contract<\/span>, agreement, or arrangement between a health care provider and a health insurer<\/span>, or a health insurer<\/span>’s network, provider panel<\/span>, intermediary, or representative, under which the health care provider has agreed to provide health care services<\/span> to patients with coverage under a health care policy<\/span> issued by the health insurer<\/span> and to accept payment from the health insurer<\/span> for the health care services<\/span> provided. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An in-network provider<\/span> that provides health care services<\/span> to a covered patient<\/span> shall submit its claim to the health insurer<\/span> for the health care services<\/span> in accordance with the terms of the applicable provider agreement<\/span> or as permitted under applicable federal or state laws<\/span> or regulations, provided that the covered patient<\/span> provides the in-network provider<\/span> with information required by the terms of the covered patient<\/span>’s health care policy<\/span>’s plan documents, including the information that is required to verify the individual’s coverage under the health care policy<\/span>, within not fewer than 21 business days before the deadline for the in-network provider<\/span> to submit its claim to the health insurer<\/span> as required by the terms of the provider agreement<\/span>. If an in-network provider<\/span> does not submit its claim to the health insurer<\/span> in accordance with the requirements of this subsection, then (i) the covered patient<\/span> shall have no obligation to pay for health care services<\/span> for which the in-network provider<\/span> was required to submit its claim, (ii) the in-network provider<\/span> shall not have the benefit of the liens<\/span> provided by §§ 8.01-66.2<\/a> and 8.01-66.9<\/a> with regard to health care services<\/span> for which the in-network provider<\/span> was required to submit its claim, and (iii) the in-network provider<\/span> shall be prohibited from recovering payment for any of the health care services<\/span> for which it was required to submit its claim from an insurer providing medical expense benefits to the covered patient<\/span> under a policy of motor vehicle liability insurance pursuant to § 38.2-2201<\/a>, by exercising an assignment of the covered patient<\/span>’s rights to the medical expense benefits or by other means. If the in-network provider<\/span> submits its claim to the health insurer<\/span> in accordance with the requirements of this subsection, the covered patient<\/span> or the health insurer<\/span> shall be obligated to pay for the health care services<\/span> in accordance with the terms of the provider agreement<\/span> or health care policy<\/span>’s plan documents. To the extent that self-insured or self-funded plans governed by ERISA or Title XVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (Medicare), Title XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (Medicaid), or Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq. (CHIP) provide otherwise, health care providers shall be permitted to submit claims and coordinate benefits as provided for in the provider agreements<\/span> or plan documents or as required under applicable federal and state laws<\/span> and regulations. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any knowing violation of the provisions of this section shall constitute a prohibited practice in accordance with § 59.1-200<\/a> and shall be subject to any and all of the enforcement provisions of the Virginia Consumer Protection Act (§ 59.1-196<\/a> et seq.). <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDUTY OF IN-NETWORK PROVIDERS TO SUBMIT CLAIMS TO HEALTH INSURERS; LIABILITY OF\nCOVERED PATIENTS FOR UNBILLED HEALTH CARE SERVICES (\u00a7 8.01-27.5)\n\nA. As used in this section:\n\t\t\t“Covered patient” means a patient whose health care services are\ncovered under terms of a health care policy.\n\t\t\t“Health care policy” means any health care plan, subscription\ncontract, evidence of coverage, certificate, health services plan, medical or\nhospital services plan, accident and sickness insurance policy or certificate,\nor other similar certificate, policy, contract, or arrangement, and any\nendorsement or rider thereto, offered, arranged, issued, or administered by a\nhealth insurer to an individual or a group contract holder to cover all or a\nportion of the cost of individuals, or their eligible dependents, receiving\ncovered health care services. “Health care policy” includes\ncoverages issued pursuant to (i) Chapter 28 (§ 2.2-2800 et seq.) of Title\n2.2 (state employees); (ii) § 2.2-1204 (local choice); (iii) 5 U.S.C.\n§ 8901 et seq. (federal employees); (iv) an employee welfare benefit plan\nas defined in 29 U.S.C. § 1002 (1) of the Employee Retirement Income\nSecurity Act of 1974 (ERISA) that is self-insured or self-funded; and (v) Title\nXVIII of the Social Security Act, 42 U.S.C. § 1395 et seq. (Medicare),\nTitle XIX of the Social Security Act, 42 U.S.C. § 1396 et seq. (Medicaid),\nor Title XXI of the Social Security Act, 42 U.S.C. § 1397aa et seq. (CHIP).\n“Health care policy” does not include (a) Chapter 55 of Title 10 of\nthe United States Code, 10 U.S.C. § 1071 et seq. (TRICARE); (b)\nsubscription contracts for one or more dental or optometric services plans that\nare subject to Chapter 45 (§ 38.2-4500 et seq.) of Title 38.2; (c)\ninsurance policies that provide coverage, singly or in combination, for death,\ndismemberment, disability, or hospital and medical care caused by or\nnecessitated as a result of accident or specified kinds of accidents, including\nstudent accident, sports accident, blanket accident, specific accident, and\naccidental death and dismemberment policies; (d) credit life insurance and\ncredit accident and sickness insurance issued pursuant to Chapter 37.1 (§\n38.2-3717 et seq.) of Title 38.2; (e) insurance policies that provide payments\nwhen an insured is disabled or unable to work because of illness, disease, or\ninjury, including incidental benefits; (f) long-term care insurance as defined\nin § 38.2-5200; (g) plans providing only limited health care services under\n§ 38.2-4300 unless offered by endorsement or rider to a group health\nbenefit plan; (h) TRICARE supplement, Medicare supplement, or workers’\ncompensation coverages; or (i) medical expense coverage issued pursuant to\n§ 38.2-2201.\n\t\t\t“Health care provider” has the same meaning ascribed to the term\nin § 8.01-581.1.\n\t\t\t“Health care services” means items or services furnished to any\nindividual for the purpose of preventing, alleviating, curing, or healing human\nillness, injury, or physical disability.\n\t\t\t“Health insurer” means any entity that is the issuer or sponsor\nof a health care policy.\n\t\t\t“In-network provider” means a health care provider that is\nemployed by or has entered into a provider agreement with the health insurer\nthat has issued the health care policy or is a participating provider with such\nhealth insurer, under which agreement or conditions of participation the health\ncare provider has agreed to provide health care services to covered patients.\n\t\t\t“Patient” means an individual who receives health care services\nfrom a health care provider, or any person authorized by law to consent on\nbehalf of the individual incapable of making an informed decision, or, in the\ncase of a minor child, the parent or parents having custody of the child or the\nchild’s legal guardian, or as otherwise provided by law.\n\t\t\t“Provider agreement” means a contract, agreement, or arrangement\nbetween a health care provider and a health insurer, or a health insurer’s\nnetwork, provider panel, intermediary, or representative, under which the health\ncare provider has agreed to provide health care services to patients with\ncoverage under a health care policy issued by the health insurer and to accept\npayment from the health insurer for the health care services provided.\n\nB. An in-network provider that provides health care services to a covered\npatient shall submit its claim to the health insurer for the health care\nservices in accordance with the terms of the applicable provider agreement or as\npermitted under applicable federal or state laws or regulations, provided that\nthe covered patient provides the in-network provider with information required\nby the terms of the covered patient’s health care policy’s plan\ndocuments, including the information that is required to verify the\nindividual’s coverage under the health care policy, within not fewer than\n21 business days before the deadline for the in-network provider to submit its\nclaim to the health insurer as required by the terms of the provider agreement.\nIf an in-network provider does not submit its claim to the health insurer in\naccordance with the requirements of this subsection, then (i) the covered\npatient shall have no obligation to pay for health care services for which the\nin-network provider was required to submit its claim, (ii) the in-network\nprovider shall not have the benefit of the liens provided by §§\n8.01-66.2 and 8.01-66.9 with regard to health care services for which the\nin-network provider was required to submit its claim, and (iii) the in-network\nprovider shall be prohibited from recovering payment for any of the health care\nservices for which it was required to submit its claim from an insurer providing\nmedical expense benefits to the covered patient under a policy of motor vehicle\nliability insurance pursuant to § 38.2-2201, by exercising an assignment of\nthe covered patient’s rights to the medical expense benefits or by other\nmeans. If the in-network provider submits its claim to the health insurer in\naccordance with the requirements of this subsection, the covered patient or the\nhealth insurer shall be obligated to pay for the health care services in\naccordance with the terms of the provider agreement or health care\npolicy’s plan documents. To the extent that self-insured or self-funded\nplans governed by ERISA or Title XVIII of the Social Security Act, 42 U.S.C.\n§ 1395 et seq. (Medicare), Title XIX of the Social Security Act, 42 U.S.C.\n§ 1396 et seq. (Medicaid), or Title XXI of the Social Security Act, 42\nU.S.C. § 1397aa et seq. (CHIP) provide otherwise, health care providers\nshall be permitted to submit claims and coordinate benefits as provided for in\nthe provider agreements or plan documents or as required under applicable\nfederal and state laws and regulations.\n\nC. Any knowing violation of the provisions of this section shall constitute a\nprohibited practice in accordance with § 59.1-200 and shall be subject to\nany and all of the enforcement provisions of the Virginia Consumer Protection\nAct (§ 59.1-196 et seq.).\n\nHISTORY: 2013, c. 700; 2014, cc. 157, 417; 2018, c. 788; 2022, c. 351.","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}}