                                 CODE OF VIRGINIA

GUARANTEED AVAILABILITY OF INDIVIDUAL HEALTH INSURANCE COVERAGE TO CERTAIN
INDIVIDUALS WITH PRIOR GROUP COVERAGE (§ 38.2-3430.3)

A. Guaranteed availability.

   1. All eligible individuals shall be provided a choice of all individual
   health insurance coverage currently being offered by a health insurance issuer
   and the chosen coverage shall be issued.

   2. The coverage provided as required in subdivision A 1 shall not impose any
   preexisting condition exclusion or affiliation period with respect to the
   coverage.

B. Health insurance issuers are prohibited from imposing any limitations or
exclusions based upon named conditions that apply to eligible individuals.

C. Health insurance issuers shall include on all applications for health
insurance coverage questions which will enable the health insurance issuer to
determine if an applicant is applying for coverage as an eligible individual as
defined in &#xA7; 38.2-3430.2. This requirement shall not apply to applications
used in connection with managed health care plans administering and providing
care to Medicare beneficiaries in exchange for preestablished compensation from
Medicare, as permitted under applicable state and federal guidelines.

D. The provisions of this section shall not apply in any instance in which the
provisions of this section are inconsistent or in conflict with a provision of
Article 6 (&#xA7; 38.2-3438 et seq.) of Chapter 34.

HISTORY: 1997, cc. 807, 913; 1999, c. 1004; 2000, c. 136; 2005, c. 335; 2013, c.
751.