HB2443
Group health benefit plans; bona fide associations, etc.
Summary
As Passed Both Chambers. Group health benefit plans; bona fide associations; benefits consortium.
Provides that certain trusts constitute a benefits consortium and are authorized to sell health benefits plans to members of a sponsoring association that is a nonstock corporation, has five or more members participating in one or more benefits plans, has been formed for purposes other than obtaining or providing health ... (More) benefits, and operates as a nonprofit entity under § 501(c)(6) of the federal Internal Revenue Code. The bill provides that a person may be a member of sponsoring association if he conducts business operations within the Commonwealth, employs individuals who reside in the Commonwealth, and is a member of the sponsoring association. The bill provides that the trust is subject to the federal Employee Retirement Income Security Act of 1974 and U.S. Department of Labor regulations applicable to multiple employer welfare arrangements and to the authority of the U.S. Department of Labor to enforce such law and regulations. The bill (i) prohibits a self-funded multiple employer welfare arrangement (MEWA) from issuing health benefit plans in the Commonwealth until it has obtained a license from the State Corporation Commission; (ii) provides that health benefit plans issued by a self-funded MEWA shall be subject to taxes and maintenance assessments levied upon insurance companies; (iii) provides that health benefit plans issued by a self-funded MEWA are subject to protections of and other provisions of the Virginia Life, Accident and Sickness Insurance Guaranty Association; (iv) makes domestic self-funded MEWAs subject to all financial and solvency requirements imposed by provisions of Title 38.2 on domestic insurers unless domestic self-funded MEWAs are otherwise specifically exempted; and (v) provides that health benefit plans issued by a self-funded MEWA shall be exempt from all statutory requirements relating to insurance premium rates, policy forms, and policy cancellation and nonrenewal. The bill provides that the sponsoring association shall not, by virtue of its sponsorship of the benefits consortium or any benefits plan, be subject to the insurance laws of the Commonwealth or the tax levied on insurance companies pursuant to § 58.1-2501. The measure removes the requirements that an association to which a group accident and sickness insurance policy is issued has at the outset a minimum of 100 persons, has been organized and maintained in good faith for purposes other than that of obtaining insurance, and has been in active existence for at least five years. The measure also 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." (Less)-
Bill History
- 01/09/2019 - House: Prefiled and ordered printed; offered 01/09/19 19101684D
- 01/09/2019 - House: Referred to Committee on Commerce and Labor
- 01/15/2019 - House: Assigned C & L sub: Subcommittee #1
- 01/17/2019 - House: Impact statement from SCC (HB2443)
- 01/29/2019 - House: House subcommittee amendments and substitutes offered
- 01/29/2019 - House: Subcommittee recommends reporting with substitute (5-Y 2-N)
- 01/31/2019 - House: Committee substitute printed 19105509D-H1
- 01/31/2019 - House: Reported from Commerce and Labor with substitute (15-Y 4-N)
- 02/03/2019 - House: Read first time
- 02/04/2019 - House: Floor substitute printed 19106408D-H2 (Wilt)
- 02/04/2019 - House: Read second time
- 02/04/2019 - House: Committee substitute rejected 19105509D-H1
- 02/04/2019 - House: Substitute by Delegate Wilt agreed to 19106408D-H2
- 02/04/2019 - House: Engrossed by House - floor substitute HB2443H2
- 02/05/2019 - House: Read third time and passed House (67-Y 31-N)
- 02/05/2019 - House: VOTE: PASSAGE (67-Y 31-N)
- 02/06/2019 - Senate: Constitutional reading dispensed
- 02/06/2019 - Senate: Referred to Committee on Commerce and Labor
- 02/10/2019 - House: Impact statement from SCC (HB2443H2)
- 02/11/2019 - Senate: Reported from Commerce and Labor with substitute (15-Y 0-N)
- 02/11/2019 - Senate: Committee substitute printed 19106849D-S1
- 02/13/2019 - Senate: Constitutional reading dispensed (39-Y 0-N)
- 02/14/2019 - Senate: Read third time
- 02/14/2019 - House: Impact statement from SCC (HB2443S1)
- 02/14/2019 - Senate: Reading of substitute waived
- 02/14/2019 - Senate: Committee substitute agreed to 19106849D-S1
- 02/14/2019 - Senate: Reading of amendment waived
- 02/14/2019 - Senate: Amendment by Senator Wagner agreed to
- 02/14/2019 - Senate: Engrossed by Senate - committee substitute with amendment HB2443S1
- 02/14/2019 - Senate: Passed Senate with substitute with amendment (29-Y 11-N)
- 02/18/2019 - House: Placed on Calendar
- 02/18/2019 - House: Senate substitute with amendment agreed to by House 19106849D-S1 (67-Y 30-N)
- 02/18/2019 - House: VOTE: ADOPTION (67-Y 30-N)
- 02/19/2019 - House: Impact statement from SCC (HB2443H1)
- 02/21/2019 - House: Enrolled
- 02/21/2019 - House: Bill text as passed House and Senate (HB2443ER)
- 02/21/2019 - House: Signed by Speaker
- 02/21/2019 - Senate: Signed by President
- 02/22/2019 - House: Impact statement from SCC (HB2443ER)
- 02/28/2019 - House: Enrolled Bill communicated to Governor on February 28, 2019
- 02/28/2019 - Governor: Governor's Action Deadline Midnight, March 26, 2019
- 03/26/2019 - House: Governor's recommendation received by House
- 03/26/2019 - House: Governor's substitute printed 19107827D-H3
- 04/03/2019 - House: Placed on Calendar
- 04/03/2019 - House: House rejected Governor's recommendation (34-Y 64-N)
- 04/03/2019 - House: VOTE: REJECTED (34-Y 64-N) Close Floor Vote
- 04/03/2019 - House: Communicated to Governor
- 04/03/2019 - Governor: Governor's Action Deadline Midnight, May 3, 2019
