                                 CODE OF VIRGINIA

EXCHANGE REQUIREMENTS (§ 38.2-6504)

A. The Exchange shall make qualified health plans and qualified dental plans
available to qualified individuals and qualified employers, beginning on a date
set by the Commission, which date shall not be later than January 1, 2023,
unless the Commission determines that postponement of such date is necessary to
complete the establishment of the Exchange. The Exchange shall not make
available any health benefit plan that is not a qualified health plan. The
Exchange shall allow a health carrier to offer a qualified dental plan either to
supplement a qualified health plan or separately, as practicable.

B. The Exchange shall provide for the establishment of a SHOP exchange that will
permit enrollment of eligible employees of qualified small employers in the
Commonwealth directly through qualified health plan issuers, qualified dental
plan issuers, or licensed agents that meet established Exchange standards.

C. The Exchange shall allow a health carrier to offer a plan that provides
limited scope dental benefits meeting the requirements of &#xA7; 9832(c)(2)(A)
of the Internal Revenue Code of 1986 through the Exchange, if the plan provides
pediatric dental benefits meeting the requirements of &#xA7; 1302(b)(1)(J) of
the Federal Act.

D. Neither the Exchange nor a carrier offering qualified health benefit plans
through the Exchange may charge an individual a fee or penalty for termination
of coverage if the individual enrolls in another type of minimum essential
coverage because the individual has become newly eligible for that coverage or
because the individual&#8217;s employer-sponsored coverage has become affordable
under the standards of &#xA7; 36B(c)(2)(C) of the Internal Revenue Code of 1986.

E. The Exchange and any associated programs shall be established and operated
and offer plans in compliance with &#xA7; 1321 (b) of the Federal Act.

HISTORY: 2020, cc. 916, 917.