Group health benefit plans; bona fide associations; formation of benefits consortium. Provides that certain trusts constitute a benefits consortium and are authorized to sell health benefit 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 State Corporation 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. This bill is identical to HB 884.
Sponsored bills
Damage to motor vehicles; catalytic converter; penalties. Makes it a Class 6 felony for a person to commit larceny of a catalytic converter from a motor vehicle, regardless of the converter's value, and provides that any person found in possession of a catalytic converter that has been detached from a motor vehicle shall be presumed to have committed larceny of the catalytic converter unless such person (i) is an authorized scrap seller or (ii) has in his possession documentation establishing that such person lawfully possesses the catalytic converter. The bill also makes it a Class 6 felony for a person to willfully break, injure, tamper with, or remove any part or parts of any vehicle, aircraft, boat, or vessel for the purpose of injuring, defacing, or destroying said vehicle, aircraft, boat, or vessel, or temporarily or permanently preventing its useful operation, or for any purpose against the will or without the consent of the owner, or to in any other manner willfully or maliciously interfere with or prevent the running or operation of such vehicle, aircraft, boat, or vessel, when such violation causes damage to such vehicle, aircraft, boat, or vessel of $1,000 or more. Current law makes such violation a Class 1 misdemeanor with no limit on the amount of damage. Under the bill, the penalty for damage of less than $1,000 remains a Class 1 misdemeanor. For the purposes of determining whether there is damage of $1,000 or more, the bill provides that the cost of any replacement part or parts of any vehicle, aircraft, boat, or vessel and any additional cost necessary to install such replacement part or parts shall be included in the cost of the damage. The bill also requires a scrap metal purchaser, when purchasing proprietary articles from a person who is not an authorized scrap seller, to (a) make copies of the documentation received from the seller establishing the seller lawfully possesses the proprietary articles and keep such copies with the permanent ledger maintained at the scrap metal purchaser's place of business and (b) after purchasing a proprietary article from a person, submit a report to the local sheriff's department or the chief of police within five business days describing the proprietary article and including a copy of the seller's identifying information and documentation that the seller lawfully possessed such article. The bill also requires the scrap metal purchaser to hold such proprietary article for not less than 15 days following submission of such report.
State and local elections officials; acceptance of certain gifts and funding prohibited. Prohibits state and local elections officials from soliciting, accepting, using, or disposing of any moneys, grants, property, or services given by a private individual or nongovernmental entity for the purpose of funding voter education and outreach programs, voter registration programs, or any other expense incurred in the conduct of elections. The bill specifically provides that it is not a violation of this prohibition to (i) operate a polling place or voter satellite office in a facility furnished by a private individual or nongovernmental entity or (ii) accept a federal government grant funded in whole or part by donations from private individuals or nongovernmental entities. This bill is identical to SB 80.
Local cigarette tax; unsold inventory. Requires any locality that increases its cigarette tax rate to allow, for one calendar year after the increase, a person with unsold inventory to pay the tax increase on the unsold inventory by filing a return, rather than requiring the use of a stamp or meter impression. The bill imposes a duty on regional cigarette tax boards to effectuate the policy. This bill is identical to HB 1076.
Cemetery Board; appointment of receiver upon revocation or surrender of license to operate cemetery in Virginia. Requires the Cemetery Board to petition a court of record having equity jurisdiction over the licensee or any of the funds held by him if the Board has reason to believe that (i) the licensee is not able to adequately protect the interest of the person involved; (ii) the licensee has had his license suspended, revoked, or surrendered; and (iii) the conduct of the licensee or the operation of the cemetery threatens the interests of the public. Current law allows, but does not require, the Board to file such petition upon a showing of at least one of the three requirements. If a receiver is appointed, the bill provides that the expenses of such receivership and a reasonable fee, as determined by the court, shall be paid from the assets of the cemetery company.
Income tax; major business facility job tax credit; sunset. Extends the sunset of the major business facility job tax credit from July 1, 2022, to July 1, 2025. This bill is identical to HB 269.
Virginia Parole Board; monthly reports. Requiresthe Virginia Parole Board (the Board) to publish a statement regardingany action taken by the Board on the parole of a prisoner within30 days of such action and to include in such statement informationregarding the length of sentence and the date such sentence was imposedfor each prisoner considered for parole.
Department of Education; local school boards; policies on sexually explicit content in instructional material. Requires the Department of Education to develop no later than July 31, 2022, model policies and each local school board to adopt no later than January 1, 2023, policies for ensuring parental notification of any instructional material that includes sexually explicit content and include information, guidance, procedures, and standards relating to (i) ensuring parental notification; (ii) directly identifying the specific instructional material and sexually explicit subjects; and (iii) permitting the parent of any student to review instructional material that includes sexually explicit content and provide, as an alternative, nonexplicit instructional material and related academic activities to any student whose parent so requests. The bill provides that the local school board policies shall be consistent with but may be more comprehensive than the model policies developed by the Department. The bill states that the provisions of the bill shall not be construed as requiring or providing for the censoring of books in public elementary and secondary schools.
Charter; Town of Blackstone; elections. Updates election provisions for the Town of Blackstone in Nottoway County to reflect the shift from May to November elections. This bill is identical to HB 220.
Charter; Town of Clarksville; town council. Makes various changes related to the Town of Clarksville's upcoming transition from May to November municipal elections. This bill is identical to HB 218.