                                 CODE OF VIRGINIA

STATE INNOVATION WAIVER REQUEST (§ 38.2-6606)

A. The Commission shall apply to the appropriate federal agencies under 42
U.S.C. &#xA7; 18052 for a State Innovation Waiver for benefit years beginning
January 1, 2023, and future years, (i) to establish a reinsurance program, in
accordance with the provisions of this chapter; (ii) to maximize federal
pass-through funding for the reinsurance program; (iii) to be able to use
remaining funds for other uses as recommended by a work group established by the
Secretary of Health and Human Resources; and (iv) to waive any applicable
provisions of the Affordable Care Act. An application for a State Innovation
Waiver or for federal funds shall clearly state that operation of the Program is
contingent on approval of the waiver or funding request. The Commission shall
include in the application a request for pass-through of federal funding in
accordance with &#xA7; 1332(a)(3) of 42 U.S.C &#xA7; 18052 to allow the
Commonwealth to obtain and use, for purposes of helping finance the Program, any
federal funds that would, absent the waiver, be used to pay advance payment tax
credits and cost-sharing reductions authorized under the federal act. The
Commission is authorized to apply for, accept, administer, and expend gifts,
grants, and donations, and any federal funds that become available for the
implementation of the Program, including the use of amounts necessary to develop
and submit the State Innovation Waiver and request for federal funding.

B. The Commission shall submit the waiver application to the appropriate federal
agencies by January 1, 2022. The Commission shall make a draft application
available for public review and comment by October 1, 2021. The Commission may
amend the waiver application as necessary to carry out the provisions of this
chapter. The Commission shall promptly notify the Chairmen of the House
Committees on Labor and Commerce and Appropriations and the Senate Committees on
Commerce and Labor and Finance and Appropriations of any federal actions
regarding the waiver request and of any amendment to the waiver application.

HISTORY: 2021, Sp. Sess. I, c. 480.