                                 CODE OF VIRGINIA

PLAN MANAGEMENT FUNCTIONS (§ 38.2-326)

A. As used in this section:
			&#8220;Exchange&#8221; means either the (i) federal health benefit exchange
established by the Secretary of the U.S. Department of Health and Human Services
pursuant to &#xA7; 1321 of the Patient Protection and Affordable Care Act
codified as 42 U.S.C. &#xA7; 18041(c) in the Commonwealth or (ii) state-based
exchange established pursuant to Chapter 65 (&#xA7; 38.2-6500 et seq.) and
&#xA7; 1311(b) of the Patient Protection and Affordable Care Act codified as 42
U.S.C. &#xA7; 18031.
			&#8220;Plan management functions&#8221; means analyses and reviews necessary
to support the certification, decertification, and recertification of qualified
health plans and stand-alone dental plans for the participation in an exchange
and the collection of data necessary to perform the above functions.

B. The Commission&#8217;s Bureau of Insurance, with the assistance of the
Virginia Department of Health, shall perform plan management functions required
to certify health benefit plans and stand-alone dental plans for participation
in the exchange, provided that: (i) full funding is available; (ii) the
technology infrastructure, including integration with federal, state, and other
necessary entities, is made available to the Commission in order for it to carry
out the plan management functions authorized in this section; and (iii) there
are no other impediments that effectively prevent the Commission from performing
any required plan management functions.

C. The Commission&#8217;s Bureau of Insurance may contract and enter into
memoranda of understanding to carry out its plan management functions.

D. The Commission shall not use any special fund revenues dedicated to its other
functions and duties unrelated to exchange operations, including revenues from
utility consumer taxes or fees from licensees or registrants regulated by the
Commission or fees paid to the Clerk&#8217;s Office, to fund the plan management
functions.

E. Technology resources provided by the Commission in carrying out the plan
management functions shall be limited to existing Commission technology support
functions such as desktop support, network administration support, web services
support, or other similar support functions.

F. The Commission shall make available to the public on its website a written
report on the implementation and performance of its plan management functions
during the preceding fiscal year, including, at a minimum, the manner in which
all funds utilized for its plan management functions were expended.

HISTORY: 2013, cc. 670, 679; 2020, cc. 916, 917.