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Virginia has enacted portability and nondiscrimination concepts for health coverage into its own statutes. Where do agents find Virginia's version of these HIPAA provisions?

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Answer & full 3-part explanation (select an option above, or peek)

Why D is correct

Virginia codified the HIPAA portability and availability concepts into its own law at Va. Code § 38.2-3430.1 and the related sections. A Virginia-licensed producer therefore operates under the state version of these rules as applied by the Virginia Bureau of Insurance, alongside the federal framework. The key licensing point: HIPAA is not solely federal material in Virginia — the state has its own statutory provisions, and questions about portability in Virginia practice run to those codified sections of the Virginia Insurance Code.

Why the other options are wrong

  • A) The HMO administrative rules govern HMO operations; the codified portability provisions sit in their own sections of the Virginia Insurance Code at Va. Code § 38.2-3430.1 and related sections.
  • B) The insurance fraud chapter addresses fraudulent insurance acts, not portability and nondiscrimination of health coverage.
  • C) Virginia has its own codified counterparts, so the rules are not found exclusively at the federal level.

Memory hook

HIPAA lives in the Virginia Insurance Code too — start at Va. Code § 38.2-3430.1.

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