# Va. Code Ann. § 38.2-3411: Coverage of newborn children required

> Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3411

## Section

- **Citation:** Va. Code Ann. § 38.2-3411
- **Heading:** Coverage of newborn children required
- **Jurisdiction:** Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Virginia Code / Title 38.2 / Chapter 34 / Article 2 / Section 38.2-3411

## Text

A. Each individual and group accident and sickness insurance policy or individual and group subscription contract providing coverage on an expense incurred basis, and each health maintenance organization providing a health care plan for health care services that provides coverage for a family member of the insured or the subscriber shall, as to the family members' coverage, also provide that the accident and sickness insurance benefits applicable for children shall be payable with respect to a newly born child of the insured or subscriber from the moment of birth.

B. Coverage for newly born children shall be identical to coverage provided to the insured or subscriber except that, regardless of whether such coverage would otherwise be provided under the terms and conditions of the insurance policy, subscription contract, or health care plan, coverage shall be provided for:

1. Necessary care and treatment of medically diagnosed congenital defects and birth abnormalities, with coverage limits no more restrictive than for any injury or sickness covered under the insurance policy, subscription contract, or health care plan; and

2. Inpatient and outpatient dental, oral surgical, and orthodontic services that are medically necessary for the treatment of medically diagnosed cleft lip, cleft palate or ectodermal dysplasia. Such coverage shall be subject to any deductible, cost-sharing, and policy, contract, or health care plan maximum provisions, provided they are no more restrictive for such services than for any injury or sickness covered under the insurance policy, subscription contract, or health care plan.

C. If payment of a specific premium or subscription fee is required to provide coverage for a child, the policy, subscription contract, or health care plan may require that notification of birth of a newly born child and payment of the required premium or fees shall be furnished to the insurer issuing the policy or health care plan or corporation issuing the subscription contract within 31 days after the date of birth in order to have the coverage continue beyond the 31-day period.

1975, c. 281, § 38.1-348.6; 1976, c. 342; 1986, c. 562; 1993, c. 263; 2013, c. 653 .

## Nearby sections

- [Va. Code Ann. § 38.2-3408 Policy providing for reimbursement for services that may be performed by certain practitioners other than physicians](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3408.md)
- [Va. Code Ann. § 38.2-3409 Coverage of dependent children](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3409.md)
- [Va. Code Ann. § 38.2-3410 Construction of policy generally; words "physician" and "doctor" to include dentist](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3410.md)
- [Va. Code Ann. § 38.2-3411 Coverage of newborn children required](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3411.md)
- [Va. Code Ann. § 38.2-3411.1 Coverage for child health supervision services](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3411.1.md)
- [Va. Code Ann. § 38.2-3411.2 Coverage of adopted children required](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3411.2.md)
- [Va. Code Ann. § 38.2-3411.3 Coverage for childhood immunizations](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3411.3.md)
- [Va. Code Ann. § 38.2-3411.4 Coverage for infant hearing screening and related diagnostics](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3411.4.md)
- [Va. Code Ann. § 38.2-3412 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3412.md)
- [Va. Code Ann. § 38.2-3412.1 (Effective until July 1, 2027) Coverage for mental health and substance use disorders](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3412.1.md)
- [Va. Code Ann. § 38.2-3412.1:01 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3412.1%3A01.md)
- [Va. Code Ann. § 38.2-3413 Repealed](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3413.md)
- [Va. Code Ann. § 38.2-3414 Optional coverage for obstetrical services](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3414.md)
- [Va. Code Ann. § 38.2-3414.1 Obstetrical benefits; coverage for maternal mental health postpartum services](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3414.1.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C34_A2_S38.2-3411. Check the current official text before relying on it. Not legal advice.
