                                 CODE OF VIRGINIA

COVERAGE FOR HOSPITALIZATION AND ANESTHESIA FOR DENTAL PROCEDURES (§
38.2-3418.12)

A. Notwithstanding the provisions of &#xA7; 38.2-3419, each insurer proposing to
issue individual or group accident and sickness insurance policies providing
hospital, medical and surgical, or major medical coverage on an expense-incurred
basis; each corporation providing individual or group accident and sickness
subscription contracts; and each health maintenance organization providing a
health care plan for health care services shall provide coverage for medically
necessary general anesthesia and hospitalization or facility charges of a
facility licensed to provide outpatient surgical procedures for dental care
provided to a covered person who is determined by a licensed dentist in
consultation with the covered person&#8217;s treating physician to require
general anesthesia and admission to a hospital or outpatient surgery facility to
effectively and safely provide dental care and (i) is under the age of five, or
(ii) is severely disabled, or (iii) has a medical condition and requires
admission to a hospital or outpatient surgery facility and general anesthesia
for dental care treatment. For purposes of this section, a determination of
medical necessity shall include but not be limited to a consideration of whether
the age, physical condition or mental condition of the covered person requires
the utilization of general anesthesia and the admission to a hospital or
outpatient surgery facility to safely provide the underlying dental care.

B. Such insurer, corporation or health maintenance organization may require
prior authorization for general anesthesia and hospitalization or surgical
facility charges for dental procedures in the same manner that prior
authorization is required for other covered benefits.

C. Such insurer, corporation or health maintenance organization shall restrict
coverage for general anesthesia expenses to those health care providers who are
licensed to provide anesthesia services and shall restrict coverage for facility
charges to facilities licensed to provide surgical services.

D. The provisions of this section shall not be construed to require coverage for
dental care incident to the coverage provided in this section.

E. The provisions of this section are applicable to any policy, contract or plan
delivered, issued for delivery or renewed in this Commonwealth on and after July
1, 2000.

F. The provisions of this section shall not apply to short-term travel,
accident-only, limited or specified disease policies, nor to policies or
contracts designed for issuance to persons eligible for coverage under Title
XVIII of the Social Security Act, known as Medicare, or any other similar
coverage under state or federal governmental plans.

HISTORY: 2000, c. 157.