2018 Special Session I

Budget Amendments - HB5002 (Senate Committee Approved)

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Short-Term Limited Duration Insurance Plans (SB 844) (language only)

Item 4-14 #4s

Item 4-14 #4s

Effective Date
Additional Enactments


Page 525, strike line 39, and insert:


§ 1. That notwithstanding any provision of Title 38.2 of the Code of Virginia to the contrary, each health carrier, as defined in § 38.2-3438 of the Code of Virginia, shall be authorized to sell or offer for sale in the Commonwealth short-term health plans.

§ 2. As used in this enactment, "short-term health plan" means a health benefit plan, as defined in § 38.2-3438, with a duration that does not exceed 364 days, regardless of whether the health benefit plan is renewable.

§ 3. The coverage provided to an individual under a short-term health plan shall satisfy any requirement of law or regulation that an individual obtain or maintain health insurance coverage.

§ 4. Any short-term health plan sold or offered for sale in the Commonwealth shall be exempt from:

a. The provisions of Article 6 (§ 38.2-3438 et seq.) of Chapter 34 of Title 38.2 of the Code of Virginia;

b. Any provision of Title 38.2 of the Code of Virginia that provides an exemption for a short-term policy, contract, or plan, regardless of whether such provision states that the exemption applies to a short-term policy, contract, or plan with any stated duration that is fewer than 364 days; and

c. Each of the mandated health insurance benefits set forth in Article 2 (§ 38.2-3408 et seq.) of Chapter 34 of Title 38.2 the Code of Virginia, provided, however, that in lieu of any requirement that a health carrier provide coverage for a mandated benefit, the health carrier shall offer and make available the coverage for such benefit under the short-term health plan.

§ 5. Every short-term health plan sold or offered for sale in the Commonwealth shall include the following disclaimer: "This is a short-term health insurance policy. The policy does not provide comprehensive health insurance coverage. It covers only the services as specifically described in the policy. Such services may be subject to caps, cost-sharing, and other limitations. The premium costs may reflect your age, gender, and pre-existing conditions, which conditions may not be covered or may be subject to coverage limitations. Renewal of the policy after the expiration of its term is not guaranteed. You should read this policy carefully in order to understand all of its terms."

§ 6. The provisions of this enactment shall be contingent upon the promulgation of federal regulations that are promulgated pursuant to Presidential Executive Order 13813 dated October 12, 2017, that expand the availability of short-term, limited duration insurance by allowing short-term plans to have a duration not exceeding 364 days.

3. That the provisions of the first enactment of this act shall expire at midnight on June 30, 2020. The provisions of the second enactment shall have no expiration date."


(This amendment authorizes health insurance carriers in the Commonwealth to offer short-term health plans. Short-term health plans are defined as plans with a duration of 364 days or less. Short-term health plans are required to include a specified disclaimer. The bill is contingent on the adoption of federal regulations expanding the availability of short-term health plans.)