What it means for you
Since July 1, 2026, Virginia plans subject to the law have needed a physician—or a pharmacist if none is available—to approve prescription prior-authorization denials on clinical grounds. On Jan. 1, 2027, the rule extends to other health care services.
Who benefits: Virginians in health plans subject to the law whose prior-authorization requests are denied on clinical grounds.
Many health plans make your doctor ask permission before they will cover a drug, test, or treatment. This is called prior authorization. Under this Virginia law, a plan cannot deny one of those requests on clinical grounds—such as medical necessity, appropriateness, or effectiveness—until the denial has been reviewed and approved by a licensed physician or an allowed substitute when no physician is available.
For prescription drugs, that rule has applied since July 1, 2026. If no physician is available, a licensed pharmacist can review and approve the denial instead. Starting January 1, 2027, the same rule covers other health care services. For mental health care, a licensed mental health provider can do the review if no physician is available, and for dental care, a licensed dentist can. You do not have to apply for this protection because the rule is written into provider contracts. It applies to plans and contracts governed by Virginia insurance law, with exceptions for certain coverage and HMOs. Self-insured employer plans are generally governed by federal law, so they usually fall outside it.
Del. Patrick Hope, an Arlington Democrat, carried the bill. It drew almost no opposition. The House passed it 97–0, and the Senate passed a revised version 39–0. The House then accepted the Senate’s changes 98–1. Gov. Abigail Spanberger signed it on April 13, 2026.
Health careRights
Where it stands, and how we know
Source for this status, checked November 12, 2026.
Sources
- HB 481, Prior authorization; requiring physician review for denial (2026 Regular Session)Virginia Legislative Information System, April 13, 2026
- § 38.2-3407.15:8. Carrier contracts; required provisions regarding prior authorization for health care services (effective January 1, 2027)Code of Virginia
- § 38.2-3407.15:2. Carrier contracts; required provisions regarding prior authorizationCode of Virginia
- § 38.2-3556. DefinitionsCode of Virginia
- Virginia Health Care Legislative Update, 2026Christian & Barton
How we checked this
Drafted by Claude Opus 5.5 (Anthropic) on November 11, 2026. Checked against its sources by GPT-5.6-sol (OpenAI) on November 12, 2026, which corrected it. Confirmed enactment, sponsor, signer, effective dates, current status, and all three votes. Narrowed the claims to clinical denials, added the statute’s permitted non-physician reviewers and coverage limits, and fixed the vote and source links.
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