                                 CODE OF VIRGINIA

DEPENDENT COVERAGE FOR INDIVIDUALS TO AGE 26 (§ 38.2-3439)

A. Notwithstanding any provision of § 38.2-3500 or 38.2-3525, or any other
section of this title to the contrary, a health carrier that makes available
dependent coverage for a child shall make that coverage available for a child
until such child attains the age of 26.

   1. A health carrier shall not define &#8220;dependent&#8221; for purposes of
   eligibility for dependent coverage for a child other than in terms of a
   relationship between a child and the covered person.

   2. A health carrier shall not deny or restrict coverage for a child who has
   not attained the age of 26 based on the presence or absence of the
   child&#8217;s financial dependency on the covered person, residency with the
   covered person, marital status, student status, employment, or any combination
   of those factors.

   3. Nothing in this section shall be construed to require a health carrier to
   make coverage available for the child of a child receiving dependent coverage,
   unless the grandparent becomes the legal guardian or adoptive parent of that
   grandchild.

   4. The terms of coverage in a health benefit plan offered by a health carrier
   providing dependent coverage may not vary based on age except for children who
   are 26 years of age or older.

   5. A health carrier shall not deny or restrict coverage of a child based on
   eligibility for other coverage.

B. Any child whose coverage ended, who was denied coverage, or who was not
eligible for group or individual health insurance coverage under a health
benefit plan because, under the terms of such plan, the availability of
dependent coverage of a child ended before the attainment of the age of 26,
shall be given written notice of the opportunity to enroll. The child shall be
offered all the benefit packages available to, and shall not be required to pay
more for coverage than, similarly situated individuals who did not lose coverage
by reason of cessation of dependent status.

   1. The health carrier shall give such child written notice of the opportunity
   to enroll not later than the first day of the next plan year or policy year,
   and shall provide for an enrollment period that continues for at least 30
   days.

   2. The written notice of opportunity to enroll shall include a statement that
   a child is eligible to enroll in dependent coverage if coverage ended,
   coverage was denied, or the child was ineligible for coverage because the
   availability of dependent coverage for a child ended before the attainment of
   the age of 26.
   				a. The notice may be provided to the covered person on behalf of the
   covered person&#8217;s child.
   				b. For group health insurance coverage, the notice may be included with
   other enrollment materials that the health carrier distributes to employees,
   provided the statement is prominent.

   3. For any child of a covered person who enrolls, the coverage shall take
   effect not later than the first day of such plan year or policy year.

C. This section shall apply to any health carrier providing individual or group
health insurance coverage, except that for plan years beginning before January
1, 2014, a grandfathered group health plan that makes available dependent
coverage for a child may exclude a child who has not attained the age of 26 from
coverage only if the child is eligible to enroll in an eligible
employer-sponsored health benefit plan, as defined in &#xA7; 5000A(f)(2) of the
Internal Revenue Code, other than the group health plan of a parent.
			For plan years beginning on or after January 1, 2014, any grandfathered plan
shall comply with the requirements of subsections A and B.

HISTORY: 2011, c. 882; 2013, c. 751.