38.2-3430.3 - Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage.
§ 38.2-3430.3. Guaranteed availability of individual health insurancecoverage to certain individuals with prior group coverage.
A. Guaranteed availability.
1. All eligible individuals shall be provided a choice of all individualhealth insurance coverage currently being offered by a health insuranceissuer and the chosen coverage shall be issued.
2. The coverage provided as required in subdivision A 1 shall not impose anypreexisting condition exclusion or affiliation period with respect to thecoverage.
B. Health insurance issuers are prohibited from imposing any limitations orexclusions based upon named conditions that apply to eligible individuals.
C. Health insurance issuers shall include on all applications for healthinsurance coverage questions which will enable the health insurance issuer todetermine if an applicant is applying for coverage as an eligible individualas defined in § 38.2-3430.2. This requirement shall not apply to applicationsused in connection with managed health care plans administering and providingcare to Medicare beneficiaries in exchange for preestablished compensationfrom Medicare, as permitted under applicable state and federal guidelines.
(1997, cc. 807, 913; 1999, c. 1004; 2000, c. 136; 2005, c. 335.)