Health insurance; association health plan for real estate salespersons.
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SB 335 — Health insurance; association health plan for real estate salespersons.
Last action — Approved by Governor-Chapter 350 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
-
Enacted
Current position in the legislative process.
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11 sponsors
1 primary, 10 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee that is domiciled in the Commonwealth or self-employed individuals; (ii) membership in the association not be conditioned on any health status–related factor; (iii) the coverage offered through the association be available to all members regardless of any health status–related factor; (iv) the association not make health insurance coverage offered through the association available other than in connection with a member of the association; and (v) premiums for the policy be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members. The bill also requires that the association (a) has at the outset a minimum of 25,000 members; (b) has been organized and maintained in good faith for purposes other than that of obtaining insurance; (c) has been in active existence for at least five years; and (d) has a constitution and bylaws that provide that the association hold regular meetings not less than annually to further purposes of the members, that the association collects dues or solicits contributions from members, and that the members have voting privileges and representation on the governing board and committees.The bill provides that any such policy shall (1) be considered a large group market plan subject to all coverage mandates applicable to a large group market plan, (2) be subject to the group health plan coverage requirements under the federal Patient Protection and Affordable Care Act, (3) be prohibited from denying coverage under the policy on the basis of a pre-existing condition, (4) be guaranteed issue and guaranteed renewable, (5) provide essential health benefits and cost-sharing requirements, and (6) 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.The bill requires an insurer issuing such policy to an association to (A) treat all of the members and employees of employer members who are enrolled in coverage under the policy as a single risk pool; (B) set premiums on the basis of the collective group experience of the members and employees of employer members who are enrolled in coverage under the policy; (C) not vary premiums by age, except that the rate shall not vary by more than four to one for adults; (D) not vary premiums on the basis of gender; (E) not vary premiums on the basis of the health status of an individual employee of an employer member or a self-employed individual member; and (F) not establish discriminatory rules based on the health status of an employer member, an individual employee of an employer member, or a self-employed individual for eligibility or contribution.Finally, the bill provides that a policy that meets certain requirements of the bill is considered to be compliant with the large group market insurance regulations under the federal Public Health Service Act and, as such, the Commonwealth is considered to be substantially enforcing the federal Patient Protection and Affordable Care Act with regard to such policy. The bill requires the State Corporation Commission to regulate the policy in a manner that is consistent with such provisions. The bill provides that, in any case in which a federal agency renders a decision that is contrary to such provisions, notwithstanding any other provision of law, the Attorney General may resolve any difference between federal law and the laws of the Commonwealth. This bill incorporates SB 397 and is identical to HB 768.
Bill Text
What changed in the latest version
199 added · 191 removedPlain-language change summary
The recent amendment to Bill SB 335 clarifies the definition of "employees" eligible for health insurance coverage under group accident and sickness insurance policies in Virginia. It emphasizes that the term "employees" can include former employees and officials of public bodies, ensuring broader coverage options for various groups. This change matters because it allows more individuals, including retirees and elected officials, to access health insurance benefits, which can lead to improved healthcare access and protections for a wider range of workers.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E350 An Act to amend and reenact § 38.2-3521.1 of the Code of Virginia, relating to health insurance;
R O [S 335] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:
E § 38.2-3521.1.
DExcept as provided in § 38.2-3522.1, no policy of group accident and sickness insurance shall be delivered in this Commonwealth unless it conforms to one of the following descriptions:ncedescriptions: shall be A.
AA. policy issued to an employer, or to the trustees of a fund established by an employer, which employer or trustees shall be deemed the policyholder, to insure employees of the employer for the benefit of persons other than the employer, subject to the following requirements:
1.A policy issued to an employer, or to the trustees of a fund established by an employer, which employer or trustees shall be deemed the policyholder, to insure employees of the employer for the ben1.
The policy may provide that the term "employees" shall include the employees of one or more subsidiary corporations, and the employees, individual proBrietors,proprietors, and partners of one or more affiliated corporations, proprietorships or partnerships if the bus3nessbusiness of the Theemployer policyand mayof providesuch thataffiliated thecorporations, termproprietorships "employees"or shallpartnerships includeis retiredunder employees,common formercontrol. employEesrol.
The policy may provide that the term "employees" shall include retired employees, former employees and directors of a corporate employer.
An insurer may exclude or limit the coverage on any person as to whom evidence of individual insB.insurability is not satisfactory to the insurer, except as otherwise prohibited in this title.
AB. policy which that is:ory to the insurer, except as otherwise prohibited in this title.
A policy which that is:
The policy may provide that the term "debtors" shall inc(1)include: Borrowers of money or purchasers or lessees of goods, services, or property for which payment is arranged through a credit transaction;
(1) Borrowers of money or purchasers or lessees of goods, services, or property for which payment is arranged through a credit transaction;
Except as provided in subdivision 3 of this subsection, specificallya forpolicy theiron insurancewhich mustno insurepart allof eligiblethe debtors.dspremium is to be derived from funds contributed by insured debtors 3.specifically for their insurance must insure all eligible debtors.
3.
Such payment or payments shall reduce or extinguish the unpaid indebtedness of the debtor to the extent of each such payment and any excess of the insurance shall be payable to the insured or the estate of the insured.
payment and any excess of the insurance shall be payable to the insured or 6.
Notwithstanding the preceding provisions of this section, insurance on agricultural credit of 4 transaction commitments may be written up to the amount of the loan commitment.
Insurance on educational credit transaction commitments may be written up to the amount of the loan commitment of 4 less the amount of any repayments made on the loan.
of 4 a.
The policy may insure members of such association or associations, employees thereof or employees of members, or one or more of the preceding or all of any class or classes thereof foEfor the benefit of persons other than the employee's employer.
The premium for the policy shall be paid from funds contributed by the association or N associations, or by employer members, or by both, or from funds contributed by the covered persRnspersons or of 4 from both the covered persons and the association, associations, or employer members.
is3. to be derived from funds contributed by the covered persons specifically for their insurance mustum insure all eligible persons, except those who reject such coverage in writing.
LExcept 4.as provided in subdivision 4 of this subsection, a policy on which no part of the premium is to be derived from funds contributed by the covered persons specifically for their insurance must insure all eligible persons, except those who reject such coverage in writing.
4.
L F.
A policy issued to a credit union or to a trustee or trustees or agent designated by two Eror more credit unions, which credit union, trustee, trustees, or agent shall be deemed the policyholder, to insure members of such credit union or credit unions for the benefit of persons other than the credit union or credit unions, trustee or trustees, or agent or any of their officials, subject to the following requirements:
The members eligible for insurance shall be all of the members of the credit union or credit uni2.unions, or all of any class or classes thereof.
2.
S G.
Notwithstanding the provisions of subsection J, a policy issued to an association of real3estatereal estate salespersons, as defined in § 54.1-2101, which the association shall be deemed the policyholder5policyholder, to insure members of such association, subject to the following requirements:
R 1.
Members shall include (i) an employer member with at least one employee that is domiciled in the Commonwealth or (ii) a self-employed individual who (a) has an ownership right in a "trade or business," regardless of whether the trade or business is incorporated or unincorporated, (b) earns wages or self-employment income from the trade or business, and (c) works at least 20 hours a week or 80 hours a month providingmeproviding personal services to the trade or business or earns income from the trade or business that at least equals the self-employed individual's cost of the health coverage.
relating3. to an individual, including an employee of an employer or a dependent of an employee.ed factor 4.
In no case shall membership in the association be conditioned on any health status-related factor relating to an individual, including an employee of an employer or a dependent of an employee.
4.
to7. all coverage mandates applicable to a large group market plan offered in the Commonwealth and theject large group market insurance regulations under the federal Public Health Service Act, P.L.
The policy issued to such an association shall (i) be considered a large group market plan subject to all coverage mandates applicable to a large group market plan offered in the Commonwealth and the large group market insurance regulations under the federal Public Health Service Act, P.L.
and (vi) 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.ariallyplan. equivalent to 60 8.
The8. insurer issuing such a policy shall (i) treat all of the members and employees of employer of 4 members who are enrolled in coverage under the policy as a single risk pool;
Show all 42 changed lines (2 more)
The insurer issuing such a policy shall (i) treat all of the members and employees of employer members who are enrolled in coverage under the policy as a single risk pool;
of 4 9.
Show all 42 changed rows (2 more)
View plain text versions (4)
- CHAP0350 View text Current pdf April 11, 2022
- SB335ER View text pdf March 04, 2022
- Committee Substitute Committee substitute printed 22105198D-S1 pdf January 24, 2022
- Prefiled Prefiled and ordered printed; offered 01/12/22 22104136D pdf January 11, 2022
Action History
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Approved by Governor-Chapter 350 (effective 7/1/22)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 11, 2022
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Impact statement from SCC (SB335ER)
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Signed by Speaker
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Signed by President
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Enrolled
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House amendments agreed to by Senate (40-Y 0-N)
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VOTE: Passage (97-Y 2-N)
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Passed House with amendments (97-Y 2-N)
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Engrossed by House as amended
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Amendment by Delegate Hodges agreed to
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Committee amendments agreed to
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Read third time
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House committee, floor amendments and substitutes offered
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Read second time
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Reported from Commerce and Energy with amendment(s) (22-Y 0-N)
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House committee, floor amendments and substitutes offered
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Referred to Committee on Commerce and Energy
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Read first time
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Placed on Calendar
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Impact statement from SCC (SB335S1)
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Read third time and passed Senate (39-Y 0-N)
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Engrossed by Senate - committee substitute SB335S1
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Committee substitute agreed to 22105198D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (38-Y 0-N)
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Incorporates SB397 (Cosgrove)
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Committee substitute printed 22105198D-S1
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Reported from Commerce and Labor with substitute (15-Y 0-N)
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Impact statement from SCC (SB335)
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Referred to Committee on Commerce and Labor
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Prefiled and ordered printed; offered 01/12/22 22104136D
Sponsors
- Jennifer B. Boysko · Cosponsor
- Jeremy S. McPike · Cosponsor
- Richard H. Stuart · Cosponsor
- David R. Suetterlein · Cosponsor
- Ghazala F. Hashmi · Cosponsor
- Ruff, Frank M., Jr. · Cosponsor
- J. Chapman Petersen · Cosponsor
- T. Montgomery "Monty" Mason · Cosponsor
- Siobhan S. Dunnavant · Cosponsor
- Cosgrove, John A., Jr. · Cosponsor
- George L. Barker · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 10 co-sponsors · 137 not signed on · 2 voted No
"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 96 | 2 | 0 | 1 |
| Total | 96 | 2 | 0 | 1 |
| % of votes cast | 97% | 2% | 0% | 1% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 22 | 0 | 0 | 0 |
| Total | 22 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| Adams, Les R. | — | Yea |
| Alfonso H. Lopez | — | Yea |
| Batten, Amanda E. | — | Yea |
| Byron, Kathy J. | — | Yea |
| Christopher T. Head | — | Yea |
| Don Scott | — | Yea |
| Gooditis, Wendy W. | — | Yea |
| Guzman, Elizabeth R. | — | Yea |
| Israel D. O'Quinn | — | Yea |
| Jeion A. Ward | — | Yea |
| Joseph P. McNamara | — | Yea |
| Keam, Mark L. | — | Yea |
| Kory, Kaye | — | Yea |
| Lamont Bagby | — | Yea |
| Marshall, Daniel W., III | — | Yea |
| Michael J. Webert | — | Yea |
| Mullin, Michael P. | — | Yea |
| R. Lee Ware | — | Yea |
| Ransone, Margaret B. | — | Yea |
| Richard C. "Rip" Sullivan, Jr. | — | Yea |
| Terry G. Kilgore | — | Yea |
| Tony O. Wilt | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 2 |
| Total | 38 | 0 | 0 | 2 |
| % of votes cast | 95% | 0% | 0% | 5% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Spruill, Lionell, Sr. | — | Yea |
| Barker, George L. | — | Yea |
| Bell, John J. | — | Yea |
| David W. Marsden | — | Yea |
| Ebbin, Adam P. | — | Yea |
| Edwards, John S. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mark D. Obenshain | — | Yea |
| Mason, T. Montgomery "Monty" | — | Yea |
| Newman, Stephen D. | — | Yea |
| Norment, Thomas K., Jr. | — | Yea |
| R. Creigh Deeds | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Scott A. Surovell | — | Yea |
Subjects
Frequently asked questions
- What does SB 335 do?
- Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee that is domiciled in the Commonwealth or self-employed individuals; (ii) membership in the association not be conditioned on any health status–related factor; (iii) the coverage offered through the association be available to all members regardless of any health status–related factor; (iv) the association not make health insurance coverage offered through the association available other than in connection with a member of the association; and (v) premiums for the policy be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members. The bill also requires that the association (a) has at the outset a minimum of 25,000 members; (b) has been organized and maintained in good faith for purposes other than that of obtaining insurance; (c) has been in active existence for at least five years; and (d) has a constitution and bylaws that provide that the association hold regular meetings not less than annually to further purposes of the members, that the association collects dues or solicits contributions from members, and that the members have voting privileges and representation on the governing board and committees.The bill provides that any such policy shall (1) be considered a large group market plan subject to all coverage mandates applicable to a large group market plan, (2) be subject to the group health plan coverage requirements under the federal Patient Protection and Affordable Care Act, (3) be prohibited from denying coverage under the policy on the basis of a pre-existing condition, (4) be guaranteed issue and guaranteed renewable, (5) provide essential health benefits and cost-sharing requirements, and (6) 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.The bill requires an insurer issuing such policy to an association to (A) treat all of the members and employees of employer members who are enrolled in coverage under the policy as a single risk pool; (B) set premiums on the basis of the collective group experience of the members and employees of employer members who are enrolled in coverage under the policy; (C) not vary premiums by age, except that the rate shall not vary by more than four to one for adults; (D) not vary premiums on the basis of gender; (E) not vary premiums on the basis of the health status of an individual employee of an employer member or a self-employed individual member; and (F) not establish discriminatory rules based on the health status of an employer member, an individual employee of an employer member, or a self-employed individual for eligibility or contribution.Finally, the bill provides that a policy that meets certain requirements of the bill is considered to be compliant with the large group market insurance regulations under the federal Public Health Service Act and, as such, the Commonwealth is considered to be substantially enforcing the federal Patient Protection and Affordable Care Act with regard to such policy. The bill requires the State Corporation Commission to regulate the policy in a manner that is consistent with such provisions. The bill provides that, in any case in which a federal agency renders a decision that is contrary to such provisions, notwithstanding any other provision of law, the Attorney General may resolve any difference between federal law and the laws of the Commonwealth. This bill incorporates SB 397 and is identical to HB 768.
- Who sponsors SB 335?
- SB 335 is sponsored by Jennifer B. Boysko, Jeremy S. McPike, Richard H. Stuart, David R. Suetterlein, Ghazala F. Hashmi, Ruff, Frank M., Jr., Petersen, J. Chapman, Mason, T. Montgomery "Monty", Dunnavant, Siobhan S., Cosgrove, John A., Jr., and Barker, George L..
- What is the current status of SB 335?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track SB 335?
- Track SB 335 free on One Click Politics — get push/email alerts when it moves.
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