State insurance exchanges - Virginia

Summary of differences between federal and state regulations

The U.S. Department of Health and Human Services (HHS) must make a determination on or before January 1, 2013, that a state will in fact have an exchange in operation by 2014 and that the exchange meets the requirements of the Affordable Care Act (ACA) and HHS guidance. In a letter dated November 15, 2012, Secretary Sebelius indicated that a state may submit both a letter of intent and an application to operate its own exchange by December 14, 2012. If a state elects not to operate an exchange, or if the HHS determines that the state will not be able to have an exchange operational by 2014 that meets the law’s requirements, the ACA gives the HHS the authority to establish and operate such exchange within the state.

Virginia received a $1,000,000 State Planning Grant in September 2010.

On April 6, 2011, Virginia Gov. Bob McDonnell signed HB 2434 which declared Virginia’s intention to establish a health insurance exchange and direct the governor to submit recommendations concerning the establishment of an exchange to the Virginia General Assembly. It also prohibits qualified health insurance plans from providing abortion coverage, except in cases of rape, incest or when the mother’s life is endangered.

On November 8, 2012, Gov. McDonnell announced that Virginia will not establish a state-operated exchange.

State

Contacts

Virginia State Corporation Commission Bureau of Insurance

Regulations

Laws:

HB 2434 as chaptered: http://lis.virginia.gov/cgi-bin/legp604.exe?111+ful+CHAP0823

Federal

Contacts Center for Consumer Information and Insurance Oversight (CCIIO)

U.S. Department of Health and Human Services (HHS)

Regulations

45 CFR Parts 155, 156, and 157