A. Notwithstanding any provision of § 38.2-3432.2, 38.2-3501, 38.2-4306, or any other section of this title to the contrary, a health carrier offering a health benefit plan providing individual or small group health insurance coverage shall develop its premium rates based on the following:
1. Whether the health benefit plan covers an individual or family;
2. Rating areas, as may be established by the Commission;
3. Age, except that the rate shall not vary by more than 3 to 1 for adults; and
4. Tobacco use, except that the rate shall not vary by more than 1.5 to 1.
B. A premium rate shall not vary with respect to any particular health benefit plan by any other factor not described in subsection A.
C. Rating variations for family coverage shall be applied based on the portion of the premium that is attributable to each family member covered under the health benefit plan.