SB 861 Virginia Senate · 2020 Regular Session

Group health benefit plans; bona fide associations, benefits consortium.

Summary
Group health benefit plans; bona fide associations; benefits consortium. Provides that certain trusts constitute a benefits consortium and are authorized to sell health benefits plans to members of a sponsoring association that (i) has been formed and maintained in good faith for purposes other than obtaining or providing health benefits; (ii) does not condition membership in the sponsoring association on any factor relating to the health status of an individual, including an employee of a member of the sponsoring association or a dependent of such an employee; (iii) makes any health benefit plan available to all members regardless of any factor relating to the health status of such members or individuals eligible for coverage through a member; (iv) does not make any health benefit plan available to any person who is not a member of the association; (v) makes available health plans or health benefit plans that meet requirements provided for in the bill; (vi) operates as a nonprofit entity under § 501(c)(5) or 501(c)(6) of the Internal Revenue Code; and (vii) has been in active existence for at least five years. The bill replaces references to "bona fide association," as used in provisions applicable to health care plans in the small employer market, with the term "sponsoring association."The bill requires any health benefit plan issued by a self-funded multiple employer welfare arrangement (MEWA) that covers one or more employees of one or more small employers to (a) provide essential health benefits and cost-sharing requirements; (b) offer a minimum level of coverage designed to provide benefits that are actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan; (c) not limit or exclude coverage for an individual by imposing a preexisting condition exclusion on that individual; (d) be prohibited from establishing discriminatory rules based on health status related to eligibility or premium or contribution requirements as imposed on health carriers; (e) meet the renewability standards set forth for health insurance issuers; (f) establish base rates formed on an actuarially sound, modified community rating methodology that considers the pooling of all participant claims; and (g) utilize each employer member's specific risk profile to determine premiums by actuarially adjusting above or below established base rates, and utilize either pooling or reinsurance of individual large claimants to reduce the adverse impact on any specific employer member's premiums.The bill prohibits a self-funded MEWA from issuing health benefit plans in the Commonwealth until it has obtained a license pursuant to regulations promulgated by the Commission. The bill authorizes the Commission to adopt regulations applicable to self-funded MEWAs, including regulations addressing financial condition, solvency requirements, and the exclusion of self-funded MEWAs from the Virginia Life, Accident and Sickness Insurance Guaranty Association.
Bill status vetoed 4 of 5 stages cleared
Introduction
Jan 2020
Committee Review
Mar 2020
Senate Passage
Jan 2020
House of Delegates Passage
Mar 2020
Vetoed
May 2020
Introduced Jan 8, 2020 Vetoed May 21, 2020
Floor votes

How they voted

This bill passed the Senate. No roll call record of that vote is available.
Full legislative history

Actions timeline

Total actions
42
Key actions
11
Committee
11
Amendments
2
May 21, 2020
Vetoed
Vetoed by Governor
executive
Mar 2, 2020
Lower · Passed
Passed House with substitute (57-Y 41-N)
lower
Mar 2, 2020
Lower · Passed
Engrossed by House - committee substitute SB861H1
lower
Mar 2, 2020
Lower · Passed
Committee substitute agreed to 20108216D-H1
lower
Feb 28, 2020
Lower · Passed
Passed by for the day
lower
Feb 25, 2020
Lower · Passed
Reported from Labor and Commerce with substitute (8-Y 7-N)
lower
Feb 20, 2020
Lower · Passed
House committee, floor amendments and substitutes offered
lower
Feb 18, 2020
Lower · Passed
Subcommittee recommends reporting with substitute (8-Y 0-N)
lower
Feb 18, 2020
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Feb 13, 2020
Committee
Referred to Committee on Labor and Commerce
lower
Jan 24, 2020
Upper · Passed
Read third time and passed Senate (35-Y 2-N)
upper
Jan 23, 2020
Introduced
Engrossed by Senate as amended SB861E
upper
Jan 23, 2020
Upper · Passed
Committee amendments agreed to
upper
Jan 23, 2020
Introduced
Reading of amendments waived
upper
Jan 20, 2020
Upper · Passed
Reported from Commerce and Labor with amendments (14-Y 0-N 1-A)
upper
Jan 15, 2020
Committee
Assigned C&L sub: Health Insurance
upper
Jan 8, 2020
Committee
Referred to Committee on Commerce and Labor
upper
Jan 8, 2020
Introduced
Prefiled and ordered printed; offered 01/08/20 20103816D
upper
1 primary · 3 co-sponsors

Sponsors