Frequently asked questions about short-term health insurance in Virginia
Yes. As of mid-2021, there were at least five insurers offering short-term health insurance in Virginia.
As of mid-2021, short-term health insurance plans in Virginia cannot have initial terms of more than three months, and if the plan is renewable, total plan duration cannot exceed six months. The plans also cannot be sold during the open enrollment period for ACA-compliant coverage.
Long-standing regulations in Virginia clarify that various state rules and regulations (including guaranteed renewability and coverage of pre-existing conditions) do not apply to short-term healthcare insurance plans as long as they are nonrenewable and have a duration of not more than six months.
But short-term health insurance in Virginia that is issued via out-of-state associations (which included all of the short-term plans that were available in the state as of 2020) previously did not have to follow the same rules. (For comparison, see group association short-term rules, versus individual short-term plan rules; the former does not have rules pertaining to renewability or general pre-existing condition protections, while the latter does.)
The result was that most of the insurers that offered short-term plans in Virginia were offering plans with 364-day terms, in line with the relaxed rules that the Trump administration issued in 2018.
Virginia gained a Democratic trifecta as of 2020, with a Democratic governor as well as a Democratic majority in the Senate and House of Delegates following the 2019 election. So although the legislature passed bills in prior sessions that would have further relaxed the state’s rules for short-term plans (they were vetoed by the Democratic governor), the legislature took a different approach in 2020.
Under the terms of legislation that was signed into law in April 2020, the state’s rules for short-term plans became much stricter as of mid-2021. And the legislation applies to “any entity that is authorized to sell, offer, or provide a short-term limited-duration medical plan,” which includes in-state insurers as well as out-of-state associations.
Limiting short-term health plans tends to be a goal among progressive lawmakers, as the plans are not subject to the ACA’s regulations and are thus lower quality than ACA-compliant coverage. To that end, SB404 and HB1037 were passed by Virginia lawmakers in 2020, and signed into law by Gov. Northam. Both bills called for the following changes, effective as of July 2021:
- Limit short-term plans to three-month terms. Renewals are still permitted, but the total duration of the plan cannot exceed six months.
- Prohibit the sale of a short-term plan if it would result in a person having short-term coverage for more than six months in any 12-month period.
- Prohibit the sale of short-term plans during the ACA’s annual open enrollment period (November 1 to a proposed end date of January 15; Washington and Maine have enacted similar rules).
The requirements in these bills were relaxed during the course of the legislative session. Initially, the bills called for maximum terms of three months, with no renewals, and also included a requirement that short-term plans have medical loss ratios of at least 85%, with rebates for consumers if medical loss ratios fall below that level. But that last provision was later eliminated, and the total duration rule was changed to six months instead of three.
The bills also initially called for an effective date of July 2020, but that was changed to July 2021. So although Virginia enacted fairly strong limits on short-term plans, there was a delay of more than a year before they took effect.
Another bill enacted in 2020 in Virginia, SB95, requires all state-regulated plans, including short-term health insurance plans, to cover preventive care (as defined under the ACA and implementation regulations in effect as of 2019) with no cost-sharing.
Lawmakers approved more lenient rules for short-term plans in 2018 and 2019, but Governor Northam vetoed the bills
Throughout most of 2017 and 2018, federal regulations limited short-term health insurance plans to no more than three months in duration, and prohibited renewals. New federal regulations for short-term plans took effect in late 2018 (allowing initial terms of up to 364 days and total duration, including renewal, of up to 36 months), but they are clear in noting that states may impose tighter regulations.
Lawmakers in Virginia passed legislation in 2018 that would have allowed short-term plans to have terms of up to 364 days (without the state’s current caveats for plans issued by in-state insurers) but Governor Ralph Northam vetoed it in an effort to protect consumers and the ACA-compliant risk pool.
- Companion Life Insurance Company
- Independence American Insurance Company
- Golden Rule (UnitedHealthcare)
- National General (National Health Insurance Company)
- The North River Insurance Company
Excluding coverage for pre-existing conditions can make short-term policies appear more affordable than ACA-compliant policies. However, that upfront affordability can quickly be wiped out by out-of-pocket expenses (like deductibles and coinsurance) or any costs for a healthcare service for an uncovered condition.
Whether on the shores of Virginia Beach or riding high in the Shenandoah, you might find a situation where a short-term health plan might be a viable option, such as:
- If you missed open enrollment for ACA-compliant coverage and do not have a qualifying event that would trigger a special enrollment period.
- If you are newly employed and have a waiting period until you can be covered by your new employer’s health insurance plan; short-term insurance may provide a much more affordable (but less comprehensive) stopgap than COBRA or an ACA-compliant plan.
- If you will soon be eligible for Medicare and don’t have access to other health insurance in the meantime.
- If you’re not eligible for Medicaid or a premium subsidy in the exchange, an ACA-compliant plan might be unaffordable.
Some examples of who are ineligible for premium subsidies:
- Folks who earn too much money to be subsidy-eligible. This normally applies to households with income of more than 400% of the poverty level, but the American Rescue Plan has eliminated that limit for 2021 and 2022 (subsidies are only available through the Virginia exchange/marketplace).
- People caught in the ACA’s family glitch.