Legislative Update

Top 10 Bills, 2016 Legislative Session

Bills Committee Last action Date
HB 133 - Cole - Employees; exclusions for home healthcare workers and home adult day care service providers. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Provides that home healthcare workers and home adult day care service providers are not employees for purposes of labor and employment laws, unemployment compensation, workers' compensation, and state income tax withholding.
HB 226 - Stolle - Patients; medically or ethically inappropriate care not required. (H) Committee for Courts of Justice

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0368)03/19/18
notes: Establishes a process whereby a physician may cease to provide health care that has been determined to be medically or ethically inappropriate for a patient.
HB 325 - Campbell - Southwestern Va. Training Center & the Central Va. Training Center; closure prohibited. (H) Committee on Appropriations(H) Left in Appropriations02/13/18
notes: Provides that the Southwestern Virginia Training Center and the Central Virginia Training Center shall not be closed and shall instead remain open and continue to accept new admissions of individuals with intellectual disability for whom treatment in a training center is appropriate.
HB 338 - Miyares - Medicaid; Training, Education, Employment, and Opportunity Program for able-bodied adult recipients. (H) Committee on Appropriations

(S) Committee on Education and Health
(S) Continued to 2019 in Education and Health (12-Y 3-N)03/01/18
notes: Directs the Secretary of Health and Human Resources to apply for a waiver to implement a work requirement for able-bodied adult recipients of medical assistance services.
HB 348 - Sickles - Medical assistance; eligibility for state plan. (H) Committee on Rules(H) Left in Rules02/13/18
notes: Requires the Board of Medical Assistance Services to include in the state plan for medical assistance provision for the payment of medical assistance on behalf of individuals described in 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) who are under 65 years of age and not otherwise eligible for medical assistance and whose household income does not exceed 133 percent of the federal poverty level for a family of that size. The bill provides that such provision shall expire on December 31 of any year in which the federal medical assistance percentage for such individuals falls below the percentages set forth in 42 C.F.R. 433.10(c)(6). This bill also repeals provisions of the Code of Virginia establishing the Medicaid Innovation and Reform Commission.
HB 406 - Levine - Guardianship; communication between incapacitated persons & others, notification of relatives. (H) Committee for Courts of Justice(H) Left in Courts of Justice02/15/18
notes: Prohibits a guardian of an incapacitated person from restricting such incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has expressed a desire to communicate with, visit, or interact with, or with whom the incapacitated person has an established relationship. The bill creates a means by which a guardian may petition the court to restrict such incapacitated person's right to communicate. The bill allows the court to restrict such communication for good cause shown but specifies that the court shall limit itself to the least restrictive means possible if it finds such a restriction to be necessary. The bill allows the court to require a guardian found to have brought such a petition in bad faith or not for the benefit of the incapacitated person to pay or reimburse all or some of the incapacitated person's reasonable costs and fees. The bill also specifies that such a finding may be grounds for termination of the guardianship appointment. The bill requires the guardian to notify certain relatives of the incapacitated person of certain life events of the incapacitated person, unless the guardian is notified in writing that any such relative does not wish to be notified or if there exists between such relative and the incapacitated person a protective order or court order otherwise prohibiting contact.
HB 673 - Davis - Transitional Medical Assistance Services Program; established, report. (H) Committee on Rules(H) Left in Rules02/13/18
notes: Establishes the Transitional Medical Assistance Services Program (the Program) to provide medical assistance services to individuals transitioning from the Commonwealth's program for medical assistance services pursuant to Title XIX of the Social Security Act to self-sufficiency. The bill sets out eligibility criteria for participation in the Program, including annual premium payments, and requires the Secretary of Health and Human Resources to develop a plan for implementation of the Program by December 1, 2018. The bill has a delayed effective date of July 1, 2019.
HB 850 - Peace - Adult protective services; emergency order, appointment of temporary conservator. (H) Committee for Courts of Justice

(S) Committee for Courts of Justice
(G) Acts of Assembly Chapter text (CHAP0019)02/26/18
notes: Requires courts issuing an emergency order for adult protective services to (i) appoint, when applicable, a temporary conservator with responsibility and authority limited to managing the adult's estate and financial affairs related to the approved adult protective services until the expiration of the order and (ii) set the bond of the temporary guardian and the bond and surety, if any, of the temporary conservator. The bill allows the temporary conservator to petition the court to have the emergency order set aside or modified upon a substantial change in circumstances and requires the temporary conservator to submit to the court a report describing any services provided to the adult.
HB 874 - Orrock - Certificates of public need; creates a three-phase process to sunset requirements. (H) Committee on Health, Welfare and Institutions(H) Continued to 2019 in Health, Welfare and Institutions02/06/18
notes: Creates a three-phase process to sunset certificate of public need requirements for many categories of medical care facilities and projects, with the requirement for a certificate of public need eliminated (i) for the establishment of a new imaging service or addition of new equipment for imaging services beginning July 1, 2019; (ii) for ambulatory and outpatient surgery centers beginning July 1, 2020; and (iii) for hospitals and all other categories of projects other than nursing homes and facilities and equipment for open heart surgery and organ or tissue transplant services beginning July 1, 2021. The bill also creates a new permitting process for categories of facilities and projects exempted from the certificate of public need process that requires the Commissioner of Health to issue a permit but allows the Commissioner to condition a permit (a) on the agreement of the applicant to provide a specified level of care at a reduced rate to indigents, accept patients requiring specialized care, or facilitate the development and operation of primary medical care services in designated medically underserved areas of the applicant's service area or (b) on compliance of the applicant with quality of care standards. The bill allows the Commissioner to refuse to issue a permit if he determines that the project for which the permit is sought would be detrimental to the provision of health services in underserved areas of the Commonwealth.
HB 1026 - Adams, L.R. - Adult protective services; appealability of findings made by local department of social services. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0182)03/05/18
notes: Provides that all written findings and actions of a local department of social services or its director regarding adult protective services investigations are final and shall not be (i) appealable to the Commissioner for Aging and Rehabilitative Services or (ii) considered a final agency action for purposes of judicial review pursuant to the provisions of the Administrative Process Act.
HB 1109 - Tran - Wages; payment for overtime work, penalties. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Requires an employer to compensate its employees who are entitled to overtime compensation under the federal Fair Labor Standards Act at a rate (i) not less than one and one-half times the employee's regular rate of pay for any hours worked in excess of 40 hours in any one workweek and (ii) not less than twice the employee's regular rate of pay for (a) any hours worked in excess of 12 hours in one workday and (b) any hours worked on the seventh day of work in any workweek to the extent that the hours worked on such day exceed 40 hours worked in such week. The sanctions for an employer's failure to pay such overtime wages, including civil and criminal penalties, are the same as currently provided for failing to pay wages generally.
HB 1130 - Rasoul - Assisted living facilities, etc.; licensure of facilities operated by agencies of the Commonwealth. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(G) Acts of Assembly Chapter text (CHAP0274)03/09/18
notes: Provides for licensure of assisted living facilities, adult day care centers, and child welfare agencies operated by the agencies of the Commonwealth.
SB 225 - Stanley - Patient-Centered Medical Home Advisory Council; DBHDS shall establish a pilot program. (H) Committee on Appropriations

(S) Committee on Finance
(H) Left in Appropriations03/06/18
notes: Establishes the Patient-Centered Medical Home Advisory Council (Council) as an advisory council in the executive branch. The bill requires the Council to advise and make recommendations to the Secretary of Health and Human Services and the agencies within his secretariat on health care reforms designed to increase access to and improve outcomes of treatment and recovery services for opioid addiction and opioid-related disorders through the use of a patient-centered medical home system.

The bill also requires the Department of Behavioral Health and Developmental Services, in partnership with community services boards, a hospital licensed in the Commonwealth, and telemedicine networks, to establish a two-year pilot program in Planning District 12 designed to provide comprehensive treatment and recovery services to uninsured or underinsured individuals suffering from opioid addiction or opioid-related disorders. The bill requires the Department and its partners to collaborate with the Patient-Centered Medical Home Advisory Council to develop the pilot program.
SB 305 - Dance - Cognitive impairment; VDH to include certain information in its public health outreach programs. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0468)03/23/18
notes: Directs the Department of Health, in partnership with the Alzheimer's Disease and Related Disorders Commission, the Department for Aging and Rehabilitative Services, and the Alzheimer's Association, to incorporate in its existing, relevant public health outreach programs information (i) to educate health care providers on the importance of early detection and timely diagnosis of cognitive impairment, validated cognitive assessment tools, the value of a Medicare Annual Wellness visit for cognitive health, and the new Medicare care planning billing code for individuals with cognitive impairment and (ii) to increase understanding and awareness of early warning signs of Alzheimer's disease and other types of dementia, the value of early detection and diagnosis, and how to reduce the risk of cognitive decline, particularly among persons in diverse communities who are at greater risk of developing Alzheimer's disease and other types of dementia.
SB 310 - DeSteph - Medical Assistance Services, Department of; eligibility for services under waiver. (H) Committee on Appropriations

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0566)03/30/18
notes: Prohibits the Department of Medical Assistance Services from reducing, terminating, suspending, or denying services for an individual enrolled in a waiver who is otherwise eligible for such services on the basis of such individual's informed choice of place of residence in the Commonwealth.
SB 369 - Newman - All-Payer Claims Database; participation by certain insurers. (S) Committee on Education and Health(S) Incorporated by Education and Health (SB634-Dunnavant) (15-Y 0-N)01/18/18
notes: Provides that participation in the All-Payer Claims Database by (i) issuers of individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; corporations providing individual or group accident and sickness subscription contracts; and health maintenance organizations providing a health care plan for health care services; (ii) third-party administrators and any other entities that receive or collect charges, contributions, or premiums for, or adjust or settle health care claims for, Virginia residents; (iii) the Department of Medical Assistance Services with respect to services provided under programs administered pursuant to Titles XIX and XXI of the Social Security Act; and (iv) federal health insurance plans, if available, including but not limited to Medicare, TRICARE, and the Federal Employees Health Benefits Plan, shall be mandatory, to the extent permitted by federal law. Currently, participation is optional.
SB 417 - Barker - Community health worker; VDH to approve one or more entities to certify workers in the Commonwealth. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(H) Left in Health, Welfare and Institutions03/06/18
notes: Requires the Department of Health to approve one or more entities to certify community health workers in the Commonwealth and prohibits a person from using or assuming the title of community health worker unless he is certified by an entity approved by the Department.
SB 505 - Carrico - Doctorate of medical science; establishes requirements for licensure and practice. (S) Committee on Education and Health(S) Continued to 2019 in Education and Health (15-Y 0-N)02/08/18
notes: Establishes requirements for licensure and practice as a doctorate of medical science. The bill provides that it is unlawful to practice as a doctorate of medical science unless licensed by the Board of Medicine (Board) and requires that an applicant for licensure, among other requirements, (i) hold an active unrestricted license to practice as a physician assistant in the Commonwealth or another jurisdiction and be able to demonstrate engagement in active clinical practice as a physician assistant under physician supervision for at least three years and (ii) be a graduate of at least a two-year doctor of medical science program or an equivalent program that is accredited by a regional body under the U.S Department of Education and an accrediting body approved by the Board. The bill provides that doctorates of medical science can practice only as part of a patient care team at a hospital or group medical practice engaged in primary care and are required to maintain appropriate collaboration and consultation, as evidenced in a written or electronic practice agreement, with at least one patient care team physician. The bill requires the Board to establish the scope of practice for doctorates of medical science and to promulgate regulations regarding collaboration and consultation among a patient care team and requirements for the practice agreement. The bill outlines the prescriptive authority of doctorates of medical science. The bill also authorizes various powers and requires various duties of a doctorate of medical science where such powers and duties are, under current law, given to and required of physician assistants and nurse practitioners.
SB 634 - Dunnavant - All-Payer Claims Database; participation by certain insurance. (S) Committee on Education and Health(S) Continued to 2019 in Education and Health (15-Y 0-N)01/18/18
notes: Provides that participation in the All-Payer Claims Database by (i) issuers of individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; corporations providing individual or group accident and sickness subscription contracts; and health maintenance organizations providing a health care plan for health care services; (ii) third-party administrators and any other entities that receive or collect charges, contributions, or premiums for, or adjust or settle health care claims for, Virginia residents; (iii) the Department of Medical Assistance Services with respect to services provided under programs administered pursuant to Titles XIX and XXI of the Social Security Act; and (iv) federal health insurance plans, if available, including but not limited to Medicare, TRICARE, and the Federal Employees Health Benefits Plan, shall be mandatory, to the extent permitted by federal law. Currently, participation is optional.
SB 637 - Dunnavant - Virginia Longitudinal Data System; workforce data. (H) Committee on Education

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0590)03/30/18
notes: Requires the State Council of Higher Education for Virginia (SCHEV), through the Virginia Longitudinal Data System, to report additional information regarding the alignment of postsecondary education and workforce in the Commonwealth. The bill also directs the Department of Motor Vehicles, the Virginia Employment Commission, and the Department of Taxation to cooperate with SCHEV to further assist in the collection and sharing of data regarding workforce analysis.
SB 719 - Dunnavant - Substance Abuse Data Sharing and Analytics Clearinghouse; established, report. (S) Committee on General Laws and Technology(S) Incorporated by General Laws and Technology (SB580-Hanger) (14-Y 0-N)02/05/18
notes: Establishes a Substance Abuse Data Sharing and Analytics Clearinghouse (the Clearinghouse), to be administered by the Secretary of Health and Human Resources in consultation with the Substance Abuse Data Sharing and Analytics Advisory Committee (the Advisory Committee), also created by the bill. To the extent allowed by federal law, state and local health and human services and public safety agencies are required to provide data to the Clearinghouse to be used for data analytics and analysis related to improving the efficiency and efficacy of the treatment and prevention of substance abuse, with a focus on opioid addiction and abuse. The Secretary of Health and Human Resources may also enter into agreements with private entities and public institutions of higher education to further the goals of the Clearinghouse. The bill requires the Secretary to report annually to the Governor and the General Assembly regarding the results achieved through the use of the Clearinghouse, including the identification of cost savings and policy recommendations.
The Advisory Committee shall have 14 members, consisting of three members of the House of Delegates, two members of the Senate, the Secretaries of Health and Human Resources, Public Safety and Homeland Security, and Technology, and six nonlegislative citizen members representing local government, the medical profession, and community services boards. The Advisory Committee is charged with advising on all matters related to the Clearinghouse.
The bill also makes changes to the Government Data Collection and Dissemination Practices Act to codify that data sharing among state and local agencies in certain circumstances is a proper use of personal data.
SB 760 - Newman - Online Va. Network Authority; adds Chancellor of Va. Community College System to board of trustees. (H) Committee on Education

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0200)03/05/18
notes: Adds the Chancellor of the Virginia Community College System and one nonlegislative citizen member appointed by the State Board for Community Colleges to the members of the board of trustees of the Online Virginia Network Authority (Authority). The bill also provides that the Online Virginia Network, established by the Authority, will facilitate the completion of degrees at comprehensive community colleges as well as at George Mason University and Old Dominion University.
SB 891 - Wagner - Assisted living facility administrator; exempt from licensure if licensed practical nurse. (S) Committee on Education and Health(S) Stricken at request of patron in Education and Health (14-Y 0-N)01/25/18
notes: Exempts from licensure by the Board of Long-Term Care Administrators any assisted living facility administrator who is a licensed practical nurse and serves as the administrator of an assisted living facility that provides care for not more than 20 residents. The bill allows such assisted living facility administrators to serve as the administrator of record for more than one assisted living facility, provided that the combined total of residents at such assisted living facilities does not exceed 20 residents.
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