38.2-3420 - Authority and jurisdiction of Commission; exception. - Virginia Statutes

§ 38.2-3420. Authority and jurisdiction of Commission; exception.

A. Except as provided in subsection B, any person offering or providingcoverage in the Commonwealth for health care services, whether the coverageis by direct payment, reimbursement, or otherwise, shall be presumed to besubject to the jurisdiction of the Commission to the extent the person is notregulated by another agency of the Commonwealth, any subdivision of theCommonwealth, or the federal government relating to the offering or providingof coverage for health care services.

B. Neither the provisions of this section nor any other provision of thistitle shall be construed to affect or apply to a multiple employer welfarearrangement (MEWA) comprised only of banks and their employees, provided themultiple employer welfare arrangement (i) is duly licensed as a MEWA by theinsurance regulatory agency of a state contiguous to the Commonwealth, (ii)files with the Commission a copy of its certificate of authority or otherproper license from the contiguous state, and (iii) has no more than 50Virginia residents who are employees of its member banks enrolled in orreceiving accident and sickness benefits as insureds, members, enrollees, orsubscribers of the MEWA. For purposes of this subsection, a "bank" shall bedefined as an institution that has or is eligible for insurance of depositsby the Federal Deposit Insurance Corporation.

(1983, c. 417, § 38.1-43.7; 1986, c. 562; 1990, c. 477; 2004, c. 236.)