38.2-6300 - Definition.

§ 38.2-6300. Definition.

As used in this chapter, "health care sharing ministry" means a health carecost sharing arrangement among individuals of the same religion based ontheir sincerely held religious beliefs, which arrangement is administered bya non-profit organization that has been granted an exemption from federalincome taxation pursuant to § 501(c)(3) of the Internal Revenue Code of 1986and that:

1. Limits its membership to individuals who are of a similar faith;

2. Acts as an organizational clearinghouse for information about members whohave financial or medical needs and matches them with members with thepresent ability to assist those with financial or medical needs, all inaccordance with the organization's criteria;

3. Provides for the financial or medical needs of a member through paymentsdirectly from one member to another. The requirements of this subdivision 3may be satisfied by a trust established solely for the benefit of members,which trust is audited annually by an independent auditing firm;

4. Provides amounts that members/subscribers may contribute with (i) noassumption of risk or promise to pay among the members and (ii) no assumptionof risk or promise to pay by the organization to the members;

5. Provides written monthly statements to all members that list the totaldollar amount of qualified needs submitted to the organization by members fortheir contribution; and

6. Provides in substance the following written disclaimer on or accompanyingall promotional documents distributed by or on behalf of the organization,including applications and guideline materials:

"Notice:

This publication is not insurance, and is not offered through an insurancecompany. Whether anyone chooses to assist you with your medical bills will betotally voluntary, as no other member will be compelled by law to contributetoward your medical bills. As such, this publication should never beconsidered to be insurance. Whether you receive any payments for medicalexpenses and whether or not this publication continues to operate, you arealways personally responsible for the payment of your own medical bills."

(2008, c. 232.)