HB 123 Virginia House of Delegates · 2024 Regular Session

Health insurance; ethics and fairness in carrier business practices.

Summary
Health insurance; ethics and fairness in carrier business practices. Makes various changes to requirements governing the business practices of health carriers in the processing and payment of claims. The bill prescribes criteria for what constitutes a "clean claim." The bill prohibits a carrier from imposing any retroactive denial of a previously paid claim or in any other way seeking recovery or refund of a previously paid claim unless the carrier specifies in writing the specific claim or claims for which the retroactive denial is to be imposed or the recovery or refund is sought and the carrier has provided a written explanation of why the claim is being retroactively adjusted. The bill provides that the time limit for a retroactive denial is 12 months; however, a provider and a carrier may agree in writing that recoupment of overpayments by withholding or offsetting against future payments may occur after such 12-month limit. The bill requires carriers, beginning no later than July 1, 2025, to make available an electronic means for providers to determine whether an enrollee is covered by a health plan that is subject to the State Corporation Commission's jurisdiction. The bill provides that the ethics and fairness requirements apply to the carrier and provider, regardless of any vendors, subcontractors, or other entities that have been contracted by the carrier or the provider to perform their duties. The bill provides that if a carrier's claim denial is overturned following completion of a dispute review, the carrier is required to consider the claims impacted by such decision as clean claims and all applicable laws related to the payment of a clean claim apply. The bill prohibits a provider from filing a complaint with the State Corporation Commission for failure to pay claims unless such provider has made a reasonable effort to confer with the carrier in order to resolve the issues related to all claims that are under dispute. Finally, the bill requires all provider contracts, amendments, and notices and certain other communications to be delivered electronically. This bill is identical to SB 425.
Bill status signed all 5 stages cleared
Introduction
Jan 2024
Committee Review
Feb 2024
House of Delegates Passage
Feb 2024
Senate Passage
Mar 2024
Signed into Law
Apr 2024
Introduced Jan 1, 2024 Signed Apr 2, 2024
Floor votes · Senate Feb 21, 2024 · House of Delegates Jan 24, 2024

How they voted

400
Passed
Total votes 40
Feb 21, 2024
D Democratic21
21 Yea
100% Yea
R Republican19
19 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
30
Key actions
11
Committee
6
Apr 2, 2024
Signed into law
Approved by Governor-Chapter 270 (effective 7/1/24)
executive
Mar 1, 2024
Upper · Passed
Signed by President
upper
Feb 27, 2024
Lower · Passed
Signed by Speaker
lower
Feb 27, 2024
Lower · Passed
Bill text as passed House and Senate (HB123ER)
lower
Feb 22, 2024
Upper · Passed
Passed Senate (40-Y 0-N)
upper
Feb 21, 2024
Senate · Passed
Senate Vote: pass (40-0)
senate
Feb 19, 2024
Upper · Passed
Reported from Commerce and Labor (14-Y 0-N)
upper
Jan 25, 2024
Committee
Referred to Committee on Commerce and Labor
upper
Jan 24, 2024
Lower · Passed
VOTE: Block Vote Passage (99-Y 0-N)
lower
Jan 24, 2024
Lower · Passed
Read third time and passed House BLOCK VOTE (99-Y 0-N)
lower
Jan 18, 2024
Lower · Passed
Reported from Labor and Commerce with substitute (22-Y 0-N)
lower
Jan 16, 2024
Lower · Passed
House subcommittee amendments and substitutes offered
lower
Jan 15, 2024
Committee
Assigned L & C sub: Subcommittee #1
lower
Jan 1, 2024
Committee
Referred to Committee on Labor and Commerce
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Rip Sullivan
Rip Sullivan
DDemocratic
VA
6