Legislation Signed into Law

2023

Primary focus Coverage for mental health and substance use disorders
Title/Description Coverage for mental health and substance use disorders
Citation VA. CODE § 38.2-3412.1
Summary

Group and individual health insurance coverage shall provide coverage for mental health and SUD benefits, and such benefits shall be in parity with the medical and surgical benefits contained in the coverage in accordance with the MHPAEA, even where those requirements would not otherwise apply directly. Limits on these benefits shall not be more restrictive than those for any other illness, with exceptions for a few older, grandfathered health care plans.

The Bureau of Insurance shall develop reporting requirements regarding denied claims, complaints, appeals, and network adequacy involving coverage required by this statute. Each year, the bureau shall produce a report containing summaries of all comparative analyses provided by insurers pursuant to the MHPAEA and explanations of whether the bureau accepted each analysis as compliant. For noncompliant analyses, the report shall include what corrective actions the bureau required the insurer to take. The bureau will release the report to the public and submit it to the House Committee on Commerce and Energy and the Senate Committee on Commerce and Labor.

Notably, the bill does not mandate any insurer reporting or enforcement requirements.

Effective date/most recent amendment July 1, 2023

2018

Primary Focus Mental Health Education in Schools
Title/Description Physical and Health Education
Citation Va. Code Ann. § 22.1–207
Summary

Va. Code Ann. § 22.1–207 was amended to require mental health education in public schools. The Board of Education is required to consult with mental health experts and shall review and update the health Standards of Learning for students in the 9th and 10th grades to include mental health. The health instruction will incorporate standards that recognize the dimensions of health including mental health and the relationship of physical and mental health to enhance student understanding, attitudes and behavior to promote dignity, health, and well-being. The second amendment to Va. Code. Ann. § 22.1–207 includes age-appropriate health instruction on the safe use and risk of abuse of prescription drugs.

Effective Date HB 1604 approved March 19, 2018. HB 1532 approved March 23, 2018.
Notes

House Bill 1604 and House Bill 1552 provided for these amendments.

2015

Primary Focus Mandated Benefits; Provider
Title/Description Coverage for mental health and substance use disorders
Citation Va. Code Ann. § 38.2-3412.1
Summary

Group and individual health insurance coverage must provide mental health and substance use disorder benefits. Such benefits shall be in parity with the medical and surgical benefits contained in the coverage in accordance with the Mental Health Parity and Addiction Equity Act of 2008.

Effective Date 07/01/2015
Notes

Enacted through HB 1747 (2015 Session)

HB 1940
Introduced 01/2015
Sponsor Del. Greason
Status Signed into law 03/2015
Summary

This bill changed the section of the insurance law about autism coverage to what it is currently by raising the age limit for coverage to age 10 and by eliminating language that defined small employer plans as those with 50 or fewer employees.

2013

HB 1900
Introduced 01/2013
Sponsor Del. Rust
Status Signed into law 04/2013
Summary

This bill changed the section of the insurance law about autism coverage to what it is currently by raising the age limit for coverage to age 10 and by eliminating language that defined small employer plans as those with 50 or fewer employees.

2011

Primary Focus Mandated Benefits; Provider
Title/Description Coverage for autism spectrum disorder
Citation Va. Code Ann. § 38.2-3418.17
Summary

Mandates coverage for the diagnosis of autism spectrum disorder and the treatment of autism spectrum disorder, in individuals (i) from January 1, 2012, until January 1, 2016, from age two years through age six years and (ii) from and after January 1, 2016, from age two years through age 10 years, subject to the annual maximum benefit limitation.

Effective Date 04/29/2011
Notes

Enacted through H1940 (2015 Session)

HB 2467
Senate Bill SB 1062
Introduced 01/2011
Sponsor Del. Greason and Sen. Howell

2010

SB 706
Introduced 01/2010
Sponsor Sen. Houck
Status Signed into law 04/2010
Summary

This bill changed the parity section of the state insurance law so that large employer fully-insured plans must cover behavioral health services “in accordance” with the Federal Parity Law.

National Parity Map

View the state parity reports to learn about legislation, regulation, and litigation related to parity implementation

National Parity Map

Get Support

  • Virginia Insurance Division
  • bureauofinsurance@scc.virginia.gov
  • 1-877-310-6560

Common Violations

In seeking care or services, be aware of the common ways parity rights can be violated.