Information contained in this publication is intended for informational purposes only and does not constitute legal advice or opinion, nor is it a substitute for the professional judgment of an attorney.
The Virginia bill, in contrast, would add the following section to the State Code:
§ 38.2-3430.1:1. Health insurance coverage not required.
No resident of this Commonwealth, regardless of whether he has or is eligible for health insurance coverage under any policy or program provided by or through his employer, or a plan sponsored by the Commonwealth or the federal government, shall be required to obtain or maintain a policy of individual insurance coverage. No provision of this title shall render a resident of this Commonwealth liable for any penalty, assessment, fee, or fine as a result of his failure to procure or obtain health insurance coverage. This section shall not apply to individuals voluntarily applying for coverage under a state-administered program pursuant to Title XIX or Title XXI of the Social Security Act.
Should a federal health care overhaul bill be enacted that requires an individual to obtain health insurance, H.B. 10 and any other state bill outlawing individual mandates could be preempted, although the issue of preemption is likely to be challenged.
This entry was written by Ilyse Schuman.