republic-os/legislation/us/states/va/2022/hb-768.md

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type	title	description	jurisdiction	legislature	session	identifier	citation	classification	subjects	status	primary_sponsors	version_count	action_count	vote_count	first_action	last_action	source	source_identifier	source_url	source_hash	vintage	source_snapshot	retrieved_at	confidence	tags
Bill	Health insurance; association health plan for real estate salespersons.	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 is identical to SB 335.	us/states/va	Virginia General Assembly	2022	HB 768	Virginia HB 768 (2022)	bill		enacted	M. Keith Hodges	3	32	7	2022-01-11	2022-04-11	openstates	ocd-bill/753506fe-8fdc-41e4-8440-c047fda372d6	https://lis.virginia.gov/cgi-bin/legp604.exe?221+sum+HB768	2ccc3f73015c8c35d0141770e4e51aa340fc7dfbe5bb9c8da04c0b1bfe5475b5	2026-07-01	https://data.openstates.org/daily/2026-07-01/public.pgdump	2026-07-06	reported	legislation bill us-va

Virginia HB 768 (2022) — Health insurance; association health plan for real estate salespersons.

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 is identical to SB 335.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

1. CHAP0349 (committee substitute) — source
2. HB768ER (committee substitute) — source
3. Prefiled and ordered printed; offered 01/12/22 22104139D (committee substitute) — source

Votes

• Passed Senate with amendments (40-Y 0-N) — 40–0 (pass) · upper
• VOTE: Passage #2 (97-Y 2-N) — 96–2 (pass) · lower
• VOTE: Adoption (95-Y 2-N) — 94–2 (pass) · lower
• Reported from Commerce and Energy (20-Y 1-N) — 20–1 (pass) · lower
• Reported from Commerce and Labor with amendments (15-Y 0-N) — 15–0 (pass) · upper
• VOTE: Passage (95-Y 4-N) — 94–4 (pass) · lower
• Constitutional reading dispensed (40-Y 0-N) — 40–0 (pass) · upper

Sponsors

• M. Keith Hodges — primary (person)
• Amanda E. Batten — cosponsor (person)
• Bill D. Wiley — cosponsor (person)
• David A. Reid — cosponsor (person)
• G. "John" Avoli — cosponsor (person)
• Hyland F. "Buddy" Fowler, Jr. — cosponsor (person)
• Michael J. Webert — cosponsor (person)
• Phillip A. Scott — cosponsor (person)
• Robert B. Bell — cosponsor (person)
• Robert D. Orrock, Sr. — cosponsor (person)
• Ronnie R. Campbell — cosponsor (person)
• Tara A. Durant — cosponsor (person)
• Wren M. Williams — cosponsor (person)

Timeline

The legislative action history — every referral, reading, and vote.

• 2022-01-11 Prefiled and ordered printed; offered 01/12/22 22104139D introduction
• 2022-01-11 Referred to Committee on Commerce and Energy referral-committee
• 2022-01-27 Impact statement from SCC (HB768)
• 2022-01-27 Reported from Commerce and Energy (20-Y 1-N) committee-passage
• 2022-01-31 Read first time reading-1
• 2022-02-01 Read second time and engrossed reading-2
• 2022-02-02 Read third time and passed House (95-Y 4-N) passage, reading-3
• 2022-02-02 VOTE: Passage (95-Y 4-N)
• 2022-02-02 Reconsideration of passage agreed to by House
• 2022-02-02 Passed House (97-Y 2-N) passage
• 2022-02-02 VOTE: Passage #2 (97-Y 2-N)
• 2022-02-03 Constitutional reading dispensed
• 2022-02-03 Referred to Committee on Commerce and Labor referral-committee
• 2022-02-21 Senate committee, floor amendments and substitutes offered
• 2022-02-21 Reported from Commerce and Labor with amendments (15-Y 0-N) committee-passage
• 2022-02-23 Constitutional reading dispensed (40-Y 0-N)
• 2022-02-24 Read third time reading-3
• 2022-02-24 Reading of amendments waived
• 2022-02-24 Committee amendments agreed to
• 2022-02-24 Reading of amendment waived
• 2022-02-24 Amendment by Senator Barker agreed to amendment-passage
• 2022-02-24 Engrossed by Senate as amended
• 2022-02-24 Passed Senate with amendments (40-Y 0-N) passage
• 2022-02-28 Senate amendments agreed to by House (95-Y 2-N)
• 2022-02-28 VOTE: Adoption (95-Y 2-N)
• 2022-03-02 Enrolled
• 2022-03-02 Signed by Speaker
• 2022-03-03 Signed by President
• 2022-03-07 Impact statement from SCC (HB768ER)
• 2022-03-11 Enrolled Bill communicated to Governor on March 11, 2022
• 2022-03-11 Governor's Action Deadline 11:59 p.m., April 11, 2022
• 2022-04-11 Approved by Governor-Chapter 349 (effective 7/1/22) executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/753506fe-8fdc-41e4-8440-c047fda372d6. Confidence: reported (aggregated from official Virginia legislature records).