                                 CODE OF VIRGINIA

APPLICATION OF FINANCIAL CAPACITY LIMITS (§ 38.2-3430.5)

A. A health insurance issuer may deny health insurance coverage in the
individual market to an eligible individual if the health insurance issuer has
demonstrated to the satisfaction of the Commission that:

   1. It does not have the financial reserves necessary to underwrite additional
   coverage; and

   2. It is applying this section uniformly to all individuals in the individual
   market in the Commonwealth consistent with the laws of this Commonwealth and
   without regard to any health status-related factor of such individuals and
   without regard to whether the individuals are eligible individuals.

B. A health insurance issuer, upon denying individual health insurance coverage
in any service area in accordance with subsection A, may not offer such coverage
in the individual market within such service area for a period of 180 days after
the date such coverage is denied or until the health insurance issuer has
demonstrated to the satisfaction of the Commission that the health insurance
issuer has sufficient financial reserves to underwrite additional coverage,
whichever is later.

HISTORY: 1997, cc. 807, 913.