                                 CODE OF VIRGINIA

POLICY FORMS TO BE FILED WITH COMMISSION; NOTICE OF APPROVAL OR DISAPPROVAL;
EXCEPTIONS (§ 38.2-316)

A. No policy of life insurance, industrial life insurance, variable life
insurance, modified guaranteed life insurance, group life insurance, family
leave insurance, accident and sickness insurance, or group accident and sickness
insurance; no annuity, modified guaranteed annuity, pure endowment, variable
annuity, group annuity, group modified guaranteed annuity, or group variable
annuity contract; no health services plan, legal services plan, dental or
optometric services plan, or health maintenance organization contract; no dental
plan organization dental benefit contract; and no fraternal benefit certificate
nor any certificate or evidence of coverage issued in connection with such
policy, contract, or plan issued or issued for delivery in Virginia shall be
delivered or issued for delivery in the Commonwealth unless a copy of the form
has been filed with the Commission. In addition to the above requirement, no
policy of accident and sickness insurance or family leave insurance shall be
delivered or issued for delivery in the Commonwealth unless the rate manual
showing rates, rules, and classification of risks applicable thereto has been
filed with the Commission.

B. Except as provided in this section, no application form shall be used with
the policy or contract and no rider or endorsement shall be attached to or
printed or stamped upon the policy or contract unless the form of such
application, rider or endorsement has been filed with the Commission. No
individual certificate and no enrollment form shall be used in connection with
any group life insurance policy, group accident and sickness insurance policy,
group annuity contract, group variable annuity contract, or group family leave
insurance policy unless the form for the certificate and enrollment form have
been filed with the Commission.

C. 1. None of the policies, contracts, and certificates specified in subsection
A shall be delivered or issued for delivery in the Commonwealth and no
applications, enrollment forms, riders, and endorsements shall be used in
connection with the policies, contracts, and certificates unless the forms
thereof have been approved in writing by the Commission as conforming to the
requirements of this title and not inconsistent with law.

   2. In addition to the above requirement, no premium rate change applicable to
   individual accident and sickness insurance policies, subscriber contracts of
   health services plans, dental or optometric services plans, or fraternal
   benefit contracts providing individual accident and sickness coverage as
   authorized in &#xA7; 38.2-4116 shall be used unless the premium rate change
   has been approved in writing by the Commission. No premium rate change
   applicable to individual or group Medicare supplement policies shall be used
   unless the premium rate change has been approved in writing by the Commission.

D. The Commission may disapprove or withdraw approval of the form of any policy,
contract or certificate specified in subsection A, or of any application,
enrollment form, rider or endorsement, if the form:

   1. Does not comply with the laws of the Commonwealth;

   2. Has any title, heading, backing or other indication of the contents of any
   or all of its provisions that is likely to mislead the policyholder, contract
   holder or certificate holder; or

   3. Contains any provisions that encourage misrepresentation or are misleading,
   deceptive or contrary to the public policy of the Commonwealth.

E. Within 30 days after the filing of any form requiring approval, the
Commission shall notify the organization filing the form of its approval or
disapproval of the form which has been filed, and, in the event of disapproval,
its reason therefor. The Commission, at its discretion, may extend for up to an
additional 30 days the period within which it shall approve or disapprove the
form. Any form received but neither approved nor disapproved by the Commission
shall be deemed approved at the expiration of the 30 days if the period is not
extended, or at the expiration of the extended period, if any; however, no
organization shall use a form deemed approved under the provisions of this
section until the organization has filed with the Commission a written notice of
its intent to use the form together with a copy of the form and the original
transmittal letter thereof. The notice shall be filed in the offices of the
Commission at least 10 days prior to the organization&#8217;s use of the form.

F. If the Commission proposes to withdraw approval previously given or deemed
given to the form of any policy, contract or certificate, or of any application,
rider or endorsement, it shall notify the insurer in writing at least 15 days
prior to the proposed effective date of withdrawal giving its reasons for
withdrawal.

G. Any insurer or fraternal benefit society aggrieved by the disapproval or
withdrawal of approval of any form may proceed as indicated in &#xA7; 38.2-1926.

H. This section shall not apply to any special rider or endorsement on any
policy, except an accident and sickness insurance policy that relates only to
the manner of distribution of benefits or to the reservation of rights and
benefits under such policy, and that is used at the request of the individual
policyholder, contract holder or certificate holder.

I. The Commission may exempt any categories of such policies, contracts, and
certificates and any applicable rate manuals from (i) the filing requirements,
(ii) the approval requirements of this section, or (iii) both such requirements.
The Commission may modify such requirements, subject to such limitations and
conditions which the Commission finds appropriate. In promulgating an exemption,
the Commission may consider the nature of the coverage, the person or persons to
be insured or covered, the competence of the buyer or other parties to the
contract, and other criteria the Commission considers relevant.

J. In lieu of complying with the requirements of subsections A, B, and C, any
legal services organization operating, conducting, or administering a legal
services plan may provide the Commission with an informational filing regarding
a subscription contract, enrollment form, rider, or endorsement used by the
legal services organization in connection with a legal services plan offered in
the Commonwealth together with written notice of its intent to use the form.
Upon providing such informational filing and notice, the legal services
organization may use the subscription contract, enrollment form, rider, or
endorsement without its prior approval by the Commission. This subsection shall
not limit the authority of the Commission to review a legal services plan and
any subscription contract, enrollment form, rider, or endorsement used in
connection therewith and to disapprove the use of such form for any of the
grounds set forth in subsection D.

K. Pursuant to the authority granted by &#xA7; 38.2-223, the Commission may
promulgate such rules and regulations as it may deem necessary to set standards
for policy and other form submissions required by this section or &#xA7;
38.2-3501.

HISTORY: 1952, c. 317, § 38.1-342.1; 1972, c. 836; 1973, c. 504; 1977, c. 325;
1986, c. 562; 1990, c. 332; 1994, c. 316; 1996, c. 12; 1998, c. 17; 2004, c.
668; 2020, c. 408; 2022, cc. 131, 132.