All Roll Calls
Yes: 360 • No: 138
Sponsored By: Jen Kiggans - to resign 12/31 (Republican)
Became Law
Health insurance; essential health benefits benchmark plan. Requires the Bureau of Insurance to select a new essential health benefits benchmark plan for the 2028 plan year, or the soonest plan year thereafter as permitted by the Centers for Medicare and Medicaid Services, that includes, in addition to the essential health benefits package included in the existing benchmark plan, coverage for (i) doula care services; (ii) the treatment of iatrogenic infertility; (iii) fertility treatment and diagnosis, including a maximum of three cycles per lifetime of assisted reproductive technology; (iv) hearing aids for individuals of all ages; (v) pasteurized donor human breast milk; (vi) the prophylaxis, diagnosis, and treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome; and (vii) the treatment of polycystic ovary syndrome. Such mandate for coverage does not apply to the individual or small group markets. The bill has a delayed effective date pursuant to approval by the Centers for Medicare and Medicaid Services of certain coverage as outlined in the bill. As introduced, this bill was a recommendation of the Health Insurance Reform Commission.
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4 provisions identified: 2 benefits, 0 costs, 2 mixed.
Health plans subject to this law cover hearing aids for children age 18 or younger. The plan pays up to $1,500 per hearing aid per hearing‑impaired ear every 24 months. You can pick a more expensive device and pay only the extra cost. There are no copays or fees for this benefit. An ear doctor must recommend the device, and it can be provided by an ear doctor, audiologist, or hearing aid specialist. This applies to policies delivered or renewed on or after January 1, 2024. It does not apply to individual or small‑group plans, certain short‑term policies, or Medicare‑type plans.
The Bureau of Insurance selects a new essential health benefits (EHB) benchmark for 2028 or the first year CMS allows. The benchmark must add doula care; infertility diagnosis and treatment, including up to three ART cycles; treatment of iatrogenic infertility and fertility preservation; hearing aids for all ages; pasteurized donor breast milk; PANS/PANDAS care; and treatment for polycystic ovary syndrome. The first enactment tied to this change takes effect on January 1 of the plan year when CMS approves the new benchmark, and the Bureau certifies that approval. For PANS/PANDAS, once that care is part of the EHB benchmark, the separate state mandate does not apply to individual and small‑group plans. The Bureau must alert lawmakers if federal EHB rules change, and a state commission will recommend any needed benefit reductions.
Health plans subject to this law cover diagnosis and treatment for PANS and PANDAS. Covered care includes antibiotics, medicines, behavioral therapy, immune‑modulating treatments, plasma exchange, and IVIG. Plans cannot deny care because of past treatment or a different prior diagnosis, or force trials that treat symptoms only before immune treatments. Prior authorization can apply, but rules on deductibles and coinsurance must be no stricter than for other illnesses. Plans must cover out‑of‑state care if the service is not available in Virginia. This applies to policies on or after January 1, 2026, or sooner when a term or premium changes. It does not apply to individual or small‑group plans, certain short‑term policies, or Medicare‑type plans.
The State Corporation Commission can only use money the legislature specifically appropriates to cover costs related to the hearing aid mandate. It cannot use special‑fund revenues or license and clerk fees for this purpose. Any appropriated money left at year‑end stays with the Commission to pay these costs.
Jen Kiggans - to resign 12/31
Republican • Senate
There are no cosponsors for this bill.
All Roll Calls
Yes: 360 • No: 138
Senate vote • 4/22/2026
Senate concurred in Governor's recommendation
Yes: 22 • No: 17
House vote • 4/22/2026
House concurred in Governor's recommendation
Yes: 69 • No: 31
House vote • 3/12/2026
Senate substitute agreed to by House
Yes: 68 • No: 30
Senate vote • 3/11/2026
Passed Senate with substitute
Yes: 24 • No: 16
Senate vote • 3/11/2026
Commerce and Labor Substitute agreed to
Yes: 0 • No: 0
Senate vote • 3/10/2026
Constitutional reading dispensed Block Vote (on 2nd reading)
Yes: 37 • No: 0
Senate vote • 3/10/2026
Passed by for the day Block Vote (Voice Vote)
Yes: 0 • No: 0
Senate vote • 3/9/2026
Reported from Finance and Appropriations
Yes: 10 • No: 4
Senate vote • 3/2/2026
Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations
Yes: 8 • No: 5
House vote • 2/17/2026
Read third time and passed House
Yes: 72 • No: 25
House vote • 2/11/2026
Subcommittee recommends reporting
Yes: 7 • No: 0
House vote • 2/11/2026
Reported from Appropriations
Yes: 22 • No: 0
House vote • 1/29/2026
Reported from Labor and Commerce with amendment(s) and referred to Appropriations
Yes: 15 • No: 7
House vote • 1/27/2026
Subcommittee recommends reporting with amendment(s) and referring to Appropriations
Yes: 6 • No: 3
Senate concurred in Governor's recommendation (22-Y 17-N 0-A)
House concurred in Governor's recommendation (69-Y 31-N 0-A)
Acts of Assembly Chapter text (CHAP1048)
Reenrolled bill text (HB328ER2)
Approved by Governor-Chapter 1048 (Effective - see bill)
Signed by President
Signed by Speaker
Governor's recommendation adopted
Governor's recommendation received by House
Governor's Action Deadline 11:59 p.m., April 13, 2026
Enrolled Bill communicated to Governor on March 31, 2026
Signed by Speaker
Bill text as passed House and Senate (HB328ER)
Enrolled
Signed by President
Senate substitute agreed to by House (68-Y 30-N 0-A)
Passed Senate with substitute (24-Y 16-N 0-A)
Commerce and Labor Substitute agreed to
Engrossed by Senate - committee substitute
Read third time
Passed by for the day Block Vote (Voice Vote)
Constitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)
Rules suspended
Reported from Finance and Appropriations (10-Y 4-N)
Fiscal Impact Statement from State Corporation Commission (HB328)
Chaptered
4/22/2026
Reenrolled
4/22/2026
Gov Recommendation
4/11/2026
Enrolled
3/30/2026
Substitute
3/3/2026
Substitute
3/2/2026
Engrossed
2/16/2026
Amendment
1/29/2026
Amendment
1/28/2026
Amendment
1/27/2026
Substitute
1/27/2026
Introduced
1/11/2026
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