# Va. Code Ann. § 38.2-6509: Choice

> Virginia · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6509

## Section

- **Citation:** Va. Code Ann. § 38.2-6509
- **Heading:** Choice
- **Jurisdiction:** Virginia
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Virginia Code / Title 38.2 / Chapter 65 / Section 38.2-6509

## Text

A. In accordance with § 1312(f)(2)(A) of the Federal Act, a qualified employer may either designate one or more qualified health plans from which its eligible employees may choose or designate any level of coverage to be made available to eligible employees through an Exchange.

B. In accordance with § 1312(b) of the Federal Act, a qualified individual enrolled in any qualified health plan may pay any applicable premium owed by such individual to the health carrier issuing such qualified health plan.

C. In accordance with § 1312(d) of the Federal Act:

1. This section shall not prohibit:

a. A health carrier from offering outside of an Exchange a health benefit plan to a qualified individual or qualified employer; or

b. A qualified individual from enrolling in, or a qualified employer from selecting for its eligible employees, a health benefit plan offered outside of an Exchange; and

2. This section shall not limit the operation of any requirement under state law or regulation with respect to any policy or plan that is offered outside of the Exchange with respect to any requirement to offer benefits.

D. Nothing in this section shall restrict the choice of a qualified individual to enroll or not to enroll in a qualified health plan or to participate in an Exchange.

E. Nothing in this section shall compel an individual to enroll in a qualified health plan or to participate in an Exchange.

F. A qualified individual may enroll in any qualified health plan, except that in the case of a catastrophic plan described in § 1302(e) of the Federal Act, a qualified individual may enroll in the plan only if the individual is eligible to enroll in the plan under § 1302(e)(2) of the Federal Act.

G. In accordance with § 1312(e) of the Federal Act, the Exchange may, for a licensed agent who agrees to comply with regulatory requirements, including advance registration with the Exchange, completion of training, and adherence to privacy and security standards set by the Exchange, allow such licensed agents:

1. To enroll qualified individuals and qualified employers in any qualified health plan or any qualified dental plan offered through the Exchange for which the individual or employer is eligible; and

2. To assist qualified individuals in applying for premium tax credits and cost-sharing reductions for qualified health plans purchased through the Exchange.

2020, cc. 916 , 917 .

## Nearby sections

- [Va. Code Ann. § 38.2-6500 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6500.md)
- [Va. Code Ann. § 38.2-6501 Exchange objectives](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6501.md)
- [Va. Code Ann. § 38.2-6502 Division established; Exchange created](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6502.md)
- [Va. Code Ann. § 38.2-6503 Advisory Committee](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6503.md)
- [Va. Code Ann. § 38.2-6504 Exchange requirements](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6504.md)
- [Va. Code Ann. § 38.2-6505 Duties of Exchange](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6505.md)
- [Va. Code Ann. § 38.2-6506 Certification of health benefit plans as qualified health plans](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6506.md)
- [Va. Code Ann. § 38.2-6507 Appeal of decertification or denial of certification](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6507.md)
- [Va. Code Ann. § 38.2-6508 Open enrollment periods](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6508.md)
- [Va. Code Ann. § 38.2-6509 Choice](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6509.md)
- [Va. Code Ann. § 38.2-6510 Health Insurance Exchange Fund; assessment](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6510.md)
- [Va. Code Ann. § 38.2-6511 Procurement, contracting, and personnel](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6511.md)
- [Va. Code Ann. § 38.2-6512 Confidentiality](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6512.md)
- [Va. Code Ann. § 38.2-6513 Navigators](https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6513.md)

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_VA_T38.2_C65_S38.2-6509. Check the current official text before relying on it. Not legal advice.
