reglab/housing_qa huggingface dataset:
VA Code § 38.2-6003 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 60 - Viatical Settlements Act|§ 38.2-6003. Approval of viatical settlement contracts and disclosure statements

A. A person shall not use a viatical settlement contract or provide to a viator a disclosure statement form in this Commonwealth unless filed with and approved by the Commission in accordance with procedures set forth in § 38.2-316. In the absence of more specific regulation or rules promulgated by the Commission for the business of viatical settlements, standards and requirements of general application set forth in § 38.2-316 and rules promulgated thereunder shall be deemed applicable to viatical settlement contracts and disclosure statement forms, required by this chapter.B. At the Commission's discretion, the Commission may require the submission of advertising material used or intended for use in this Commonwealth.1997, c. 814, § 38.2-5704; 2003, c. 717.
VA Code § 38.2-6004 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 60 - Viatical Settlements Act|§ 38.2-6004. Reporting requirements

A. Each licensee under this chapter shall file with the Commission on or before March 1 of each year the certification required by subsection E of § 38.2-6011 and an annual report containing such information as the Commission may prescribe by rule or regulation; however, such information shall be limited to only those transactions where the viator is a resident of this Commonwealth.B. A viatical settlement provider shall report in writing to the Commission the following:1. New or revised information about its officers, stockholders owning 10 percent or greater interest in the licensee or an affiliate of the licensee, partners, directors, members, or designated employees within 30 calendar days of the change;2. Any change in business or residence address or name within 30 calendar days of the change.C. A licensed viatical settlement provider convicted of a felony shall report within 30 calendar days to the Commission the facts and circumstances regarding the criminal conviction.1997, c. 814, § 38.2-5703; 1999, c. 59; 2001, c. 706; 2003, c. 717.
VA Code § 38.2-6005 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 60 - Viatical Settlements Act|§ 38.2-6005. Privacy

Except as otherwise allowed or required by law, a viatical settlement provider, viatical settlement broker, insurance company, insurance producer, information bureau, rating agency or company, or any other person with actual knowledge of an insured's identity, shall not disclose that identity as an insured, or the insured's financial or medical information to any other person unless the disclosure:1. Is necessary to effect a viatical settlement between the viator and a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;2. Is provided in response to an investigation or examination by the Commission or another governmental agency or officer or pursuant to the requirements of subsection C of § 38.2-6011;3. Is a term of or condition to the transfer of a policy by one viatical settlement provider to another viatical settlement provider;4. Is necessary to permit a financing entity, related provider trust, or special purpose entity to finance the purchase of policies by a viatical settlement provider and the viator and insured have provided prior written consent to the disclosure;5. Is necessary to allow the viatical settlement provider or viatical settlement broker or their authorized representatives to make contacts for the purpose of determining health status; or6. Is required to purchase stop loss coverage.2003, c. 717.
VA Code § 38.2-6006 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 60 - Viatical Settlements Act|§ 38.2-6006. Examinations; record retention; investigations

A. Viatical settlement providers, viatical settlement brokers, and persons seeking a license under this title to transact the business of viatical settlements in this Commonwealth shall be subject to examination by the Commission pursuant to Article 4 (§ 38.2-1317 et seq.) of Chapter 13 of this title. For purposes of completing such examination, the Commission may examine or investigate any person, or the business of any person, insofar as the examination or investigation is, in the sole discretion of the Commission, necessary or material to the examination of a licensee.B. A person required to be licensed by this chapter shall for five years retain copies of (i) all proposed, offered or executed contracts, purchase agreements, underwriting documents, policy forms, and applications from the date of the proposal, offer or execution of the contract or purchase agreement, whichever is later; (ii) all checks, drafts or other evidence and documentation related to the payment, transfer, deposit, or release of funds from the date of the transaction; and (iii) all other records and documents related to the requirements of this chapter or Article 6.1 (§ 38.2-1865.1 et seq.) of Chapter 18 of this title. This section does not relieve a person of the obligation to produce these documents to the Commission after the retention period has expired if the person has retained the documents. Records required to be retained by this section must be legible and complete and may be retained in paper, photograph, microprocess, magnetic, mechanical, or electronic media, or by any process that accurately reproduces or forms a durable medium for the reproduction of a record.C. The Commission may investigate suspected fraudulent viatical settlement acts and persons engaged or alleged to be engaged in the business of viatical settlements.2003, c. 717.
VA Code § 38.2-6009 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 60 - Viatical Settlements Act|§ 38.2-6009. Prohibited practices

A. It is a violation of this chapter for any person to enter into a viatical settlement contract within a two-year period commencing with the date of issuance of the insurance policy or certificate unless the viator certifies to the viatical settlement provider that one or more of the following conditions have been met within the two-year period:1. The policy was issued upon the viator's exercise of conversion rights arising out of a group or individual policy, provided the total of the time covered under the conversion policy plus the time covered under the prior policy is at least 24 months. The time covered under a group policy shall be calculated without regard to any change in insurance carriers, provided the coverage has been continuous and under the same group sponsorship;2. The viator submits independent evidence to the viatical settlement provider that one or more of the following conditions have been met within the two-year period:a. The insured is terminally or chronically ill, orb. The viator or insured disposes of his ownership interests in a closely held corporation pursuant to terms of a buyout or other similar agreement in effect at the time the insurance policy was initially issued.B. Copies of the certifications and independent evidence required by this subsection and documents required by subsection A of § 38.2-6008 shall be submitted to the insurer when the viatical settlement provider submits a request to the insurer for verification of coverage. The copies shall be accompanied by a letter of attestation from the viatical settlement provider that the copies are true and correct copies of the documents received by the viatical settlement provider.2003, c. 717.
VA Code § 38.2-6012 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 60 - Viatical Settlements Act|§ 38.2-6012. Civil remedies

A. Any person damaged by the acts of a person in violation of this chapter may bring a civil action against the person committing the violation in a court of competent jurisdiction.B. The Commission shall have no jurisdiction to adjudicate controversies between licensees, or between a licensee under this chapter and a viator or an insured.C. If there is more than one viator on a single policy and the viators are residents of different states, contractual disputes arising from the viatical settlement shall be governed by the law of the state in which the viator having the largest percentage ownership resides or, if the viators hold equal ownership, the state of residence of one viator agreed upon in writing by all viators, provided that the application of another state's laws shall not impair or limit the ability of the Commission to apply and enforce the provisions of this chapter or Article 6.1 (§ 38.2-1865.1 et seq.) of Chapter 18 of this title in its regulation of transactions with a resident of this Commonwealth.2003, c. 717.
VA Code § 38.2-6013 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 60 - Viatical Settlements Act|§ 38.2-6013. Unfair trade practices

A violation of this chapter shall be considered an unfair trade practice under Chapter 5 (§ 38.2-500 et seq.) of this title and subject to the penalties contained in that chapter.1997, c. 814, § 38.2-5707; 2003, c. 717.
VA Code § 38.2-6014 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 60 - Viatical Settlements Act|§ 38.2-6014. Commission authority

Pursuant to the authority granted by § 38.2-223, the Commission may promulgate such rules and regulations as it may deem necessary to implement this chapter, including, but not limited to:1. Establishing standards for evaluating reasonableness of payments under viatical settlement contracts for insureds who are terminally or chronically ill. This authority includes, but is not limited to, regulation of discount rates used to determine the amount paid in exchange for assignment, transfer, sale, devise, or bequest of a benefit under a life insurance policy. Viatical settlement providers, where the insured is not terminally ill or chronically ill, shall pay an amount greater than the cash surrender value or accelerated death benefit then available;2. Establish appropriate licensing requirements, fees, and standards for continued licensure for viatical settlement providers and viatical settlement brokers;3. Requiring and setting the amount of any bond or other mechanism for financial accountability for viatical settlement providers and viatical settlement brokers; and4. Adopting rules governing the relationship and responsibilities of both insurers and viatical settlement providers and viatical settlement brokers during the viatication of a life insurance policy or certificate.1997, c. 814, § 38.2-5706; 2003, c. 717.
VA Code § 38.2-6016 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 60 - Viatical Settlements Act|§ 38.2-6016. Applicability of securities laws

Nothing in this chapter shall preempt or otherwise limit the provisions of the Virginia Securities Act (§ 13.1-501 et seq.), or any regulations, notices, bulletins or other interpretations issued by or through the Commission acting pursuant to the Virginia Securities Act. Compliance with the provisions of this chapter shall not constitute compliance with any applicable provision of the Virginia Securities Act and any amendments thereto or any regulations, notices, bulletins, or other interpretations issued by or through the Commission acting pursuant to the Virginia Securities Act.2003, c. 717.
VA Code § 38.2-6100 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 61 - Dental Plan Organizations|§ 38.2-6100. Applicability of chapter

A. Except as otherwise provided by law, no dental plan organization shall be organized, conducted, or offered in the Commonwealth other than in the manner set forth in this chapter.B. This chapter shall not apply to a prepaid dental services plan organized under Chapter 45 (§ 38.2-4500 et seq.) of this title, a health maintenance organization or limited health care services plan licensed to provide dental services under Chapter 43 (§ 38.2-4300 et seq.) of this title, any health service plan licensed under Chapter 42 (§ 38.2-4200 et seq.) of this title, or any insurer whose activities are regulated under other provisions of this title.C. Nothing contained in this chapter prohibits any dentist individually, in partnership with other dentists, or as part of a professional corporation of dentists from entering into agreements directly with his own patients, or with a parent, guardian, conservator, spouse, or other family member acting on such patient's behalf, involving payment for professional services to be rendered or made available in the future.2004, c. 668.
VA Code § 38.2-6101 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 61 - Dental Plan Organizations|§ 38.2-6101. Definitions

As used in this chapter:  "Contract holder" means (i) with respect to group contracts, the organization or entity to which the dental benefit contract is issued, and (ii) with respect to individual contracts, the individual who enters into a dental benefit contract covering the individual or the individual and dependents of the individual.  "Copayment" means the amount payable for a particular service by an enrollee in accordance with the patient charge schedule or for which the enrollee is responsible as a condition for receiving benefits under a dental benefit contract. A copayment may be expressed as a specific dollar amount or as a percentage of the allowable charge for a service.  "Dental benefit contract" means a contract that provides benefits for dental services entered into between the dental plan organization and a contract holder.  "Dental plan" means a contractual arrangement for dental services provided or arranged for, that pays benefits or is administered on an individual or group basis. A dental plan includes, but is not limited to, an arrangement where fixed indemnity benefits are paid to an individual or provider for dental services.  "Dental plan organization" means a company that provides directly or arranges for a dental plan.  "Dental service" means a service included in the current Dental Terminology Manual issued by the American Dental Association.  "Dependent" means an individual who is the spouse or child of a subscriber.  "Enrollee" means an individual or a dependent of an individual who is enrolled in a dental plan.  "Evidence of coverage" means any certificate, agreement, or contract issued to a subscriber of a group that sets out the dental services to which the enrollees are entitled.  "Fixed indemnity benefits" means the payment amount or amounts stated in the reimbursement schedule of a dental plan organization that will be paid to a subscriber, or to the subscriber's dentist, for dental services.  "Plan dentist" means any dentist, licensed by the Virginia Board of Dentistry, who has contracted with the dental plan organization or with an entity acting on behalf of the dental plan organization to provide dental services to the enrollees. A dental plan organization may, but is not required to, utilize plan dentists.  "Plan dentist contract" means a contract between the dental plan organization or an entity acting on behalf of the dental plan organization and a plan dentist.  "Subscriber" means (i) with respect to group dental benefit contracts, the person who is covered by the contract, other than as a dependent, by satisfying the eligibility requirements of the group, and (ii) with respect to individual dental benefit contracts, the individual who obtains coverage of the individual only or the individual and dependents of the individual. 2004, c. 668.
VA Code § 38.2-6103 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 61 - Dental Plan Organizations|§ 38.2-6103. Issuance of license; capital and surplus; impairment

A. The Commission shall issue a license to a dental plan organization after the filing of a complete application and payment of a $500 nonrefundable application fee, if the Commission is satisfied that:1. The persons who are responsible for conducting the affairs of the dental plan organization are trustworthy and capable of providing, arranging for, or paying benefits for the services offered by its dental plan;2. The dental plan organization is financially responsible and may reasonably be expected to meet its obligations to enrollees. In making this determination, the Commission shall consider, among other things, the following:a. The financial statements of the dental plan organization;b. The adequacy of working capital;c. Any contracts with plan dentists;d. The deposit of acceptable securities, which shall be in an amount of no less than $50,000; ande. The applicant's minimum capital and surplus, which shall be the greater of $750,000 or 45 days of anticipated operating expenses and incurred claims expenses.3. Nothing in the method of operation is contrary to the public interest, as shown in the information submitted pursuant to § 38.2-6102 or Chapter 58 (§ 38.2-5800 et seq.) of this title or by independent investigation.B. A licensed dental plan organization shall have and maintain at all times the minimum capital and surplus described in subdivision A 2 e. The licensee's capital and surplus shall be subject also to the risk-based capital requirements of Chapter 55 (§ 38.2-5500 et seq.) of this title.1. If the Commission finds that the minimum capital and surplus of a domestic dental plan organization is impaired, the Commission shall issue an order requiring the dental plan organization to eliminate the impairment within a period not exceeding 90 days. The Commission may by order served upon the dental plan organization prohibit the dental plan organization from issuing any new dental benefit contracts while the impairment exists. If at the expiration of the designated period the dental plan organization has not satisfied the Commission that the impairment has been eliminated, an order for the rehabilitation or liquidation of the dental plan organization may be entered as provided in Chapter 15 (§ 38.2-1500 et seq.) of this title.2. If the Commission finds an impairment of the minimum capital and surplus of any foreign dental plan organization, the Commission may order the dental plan organization to eliminate the impairment. The Commission may, by order served upon the dental plan organization, prohibit the dental plan organization from issuing any new dental benefit contracts while the impairment exists. If the dental plan organization fails to comply with the Commission's order within a period of not more than 90 days, the Commission may suspend or revoke the license of the dental plan organization.2004, c. 668.
VA Code § 38.2-6104 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 61 - Dental Plan Organizations|§ 38.2-6104. License renewals

A. Each dental plan organization organized under this chapter shall obtain an annual renewal of its license from the Commission by July 1 of each year. The Commission may refuse to renew the license of any dental plan organization or may renew the license, subject to any restrictions considered appropriate by the Commission, if it finds an impairment of the minimum capital and surplus or that the dental plan organization has not satisfied all of the conditions set forth in subsection A of § 38.2-6103.B. The Commission shall not fail or refuse to renew the license of any dental plan organization without first giving the dental plan organization 10 days' notice of its intention not to renew the license and giving it an opportunity to be heard and to introduce evidence on its behalf. The hearing may be informal and the required notice may be waived by the Commission and the dental plan organization.2004, c. 668.
VA Code § 38.2-6107 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 61 - Dental Plan Organizations|§ 38.2-6107. Grace period requirements

The contract holder shall be given a 31-day grace period for the payment of any premium falling due after the first premium during which coverage remains in effect. If payment is not received within the 31 days, coverage may be cancelled after the thirty-first day and the contract holder may be held liable for the payment of the premium for the period of time coverage remained in effect during the grace period. 2004, c. 668.
VA Code § 38.2-6108 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 61 - Dental Plan Organizations|§ 38.2-6108. Plan dentist contracts; preferred providers; assignment of benefits

A. Each contract with a plan dentist shall contain the following provisions:1. A hold harmless clause that satisfies the requirements of subdivision C 9 of § 38.2-5805.2. A provision specifying when the contract becomes effective.3. A provision specifying the date the contract terminates.4. A provision specifying the renewal terms.5. Provisions incorporating the rights, remedies and obligations applicable to providers and dental plan organizations set forth in §§ 38.2-3407.1, 38.2-3407.10, 38.2-3407.15, and 38.2-5805.B. A dental plan organization that offers or administers a plan under which preferred provider policies or contracts are issued shall comply with the requirements of § 38.2-3407 in contracting with dentists for services in connection with the preferred provider policies or contracts.C. All dental plan organizations shall comply with the provisions of § 38.2-3407.13 relating to assignments of benefits by subscribers and enrollees.2004, c. 668.
VA Code § 38.2-6109 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 61 - Dental Plan Organizations|§ 38.2-6109. Delivery of contract forms

The dental plan organization:1. Shall provide a written dental benefit contract to each group contract holder within 15 days of acceptance of the group's application by the dental plan organization;2. Shall provide a written evidence of coverage to each individual covered under a group dental benefit contract within 15 days of acceptance of the group's application by the dental plan organization; and3. Shall provide a written dental benefit contract to each individual who applies for individual dental coverage within 15 days of acceptance of the individual's application by the dental plan organization. 2004, c. 668.
VA Code § 38.2-6110 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 61 - Dental Plan Organizations|§ 38.2-6110. Filing requirements for premium rates and subscription fees

A. The filing with the Commission of any dental benefit contract or rider or endorsement by a dental plan organization shall be accompanied by the filing of premium rates or subscription fees.B. A subsequent change in premium rates or subscription fees shall be filed with supporting data at least 30 days before the change is proposed to become effective. 2004, c. 668.
VA Code § 38.2-6111 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 61 - Dental Plan Organizations|§ 38.2-6111. Examinations

A. The Commission shall examine the affairs of each dental plan organization as provided for in § 38.2-1317.B. Instead of making its own examination, the Commission may accept the report of an examination of a foreign dental plan organization certified by the insurance supervisory official, similar regulatory agency, or the state health commissioner of another state.C. The Commission may coordinate its examinations with the State Health Commissioner to ensure an appropriate level of regulatory oversight and to avoid any undue duplication of effort or regulation.2004, c. 668.
VA Code § 38.2-6112 (2021)
2021 Code of Virginia|Title 38.2 - Insurance|Chapter 61 - Dental Plan Organizations|§ 38.2-6112. Licensing of agents

Dental benefit contracts may be solicited only through health insurance agents and limited lines life and health agents licensed in accordance with Chapter 18 (§ 38.2-1800 et seq.) of this title. Home office salaried officers whose principal duties and responsibilities do not include the negotiation or solicitation of dental benefit contracts shall not be required to be licensed.2004, c. 668.