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2000 Virginia House Legislation

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The Virginia General Assembly met in long session from mid-January through mid-March, 2000 and considered several thousand pieces of legislation and budget amendments. Enactment or defeat for hundreds of these bills, resolutions and budget amendments could dramatically alter Virginia's aging and health policies. The Alzheimer's Association provides information here on many of these legislative initiatives.

The following information is provided about selected legislation:

  • document number and current status from sub-committee docket to the Governor's veto or signature
  • chief patron
  • hyper-link to the full-text of the legislation
  • notation of whether the Alzheimer's Association supports or opposes enactment
  • summary description

Updates were available weekly throughout the 2000 General Assembly Session which ended March 10.


Enacted Legislation

HB378
HB454
HB660
HB714
HB726
HB818
HB836
HB837
HB923
HB1051
HB1076
HB1168
HB1169
HB1194
HB1199
HB1200
HB1249
HB1251
HB1367
HB1368
HB1511
HJ168
HJ242

Terminated Legislation

HB92
HB604
HB661
HB839
HB840
HB878
HB885
HB891
HB915
HB1006
HB1072
HB1113
HB1208
HB1215
HB1403
HB1476


Enacted Legislation

HB378 - passed House (98-Y 0-N) with Committee substitute; passed Senate (39-Y 0-N) with Committee amendments; Senate amendments rejected by House (2-Y 96-N); Conference report agreed to by House (94-Y 0-N); Senate amendments rejected by conference committee; Amended by conference committee; Conference report agreed to by Senate (37-Y 0-N); approved by GovernorPatron: Thelma S. Drake
Alzheimer's Association position:
Summary as passed:
Abuse and neglect of incapacitated adults; penalty. Amends the definition of abuse to include "knowing and willful conduct." The bill provides that neglect must be knowing as well as willful. The bill expands the exemptions to abusive or neglectful conduct to exclude bona fide, recognized or approved medical care practices and conduct incident to necessary movement, placement, or protection from harm of the incapacitated adult.

HB454 - passed House (Block Vote) (98-Y 0-N); passed Senate (38-Y 0-N); approved by GovernorPatron: Eric I. Cantor
Alzheimer's Association position:
Summary:
Virginia Fair Housing Law; housing for older persons. Conforms the Virginia Fair Housing Law to the federal Fair Housing Law in the area of housing for older persons. The bill removes the requirement that, in order to qualify for housing for older persons, there be significant facilities and services specifically designed to meet the physical or social needs of older persons, or, if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons. The bill also provides that the 80% threshold necessary to qualify for housing for older persons shall be based on the number of occupied units and not the total number of units occupied by persons aged 55 years or older. As a result, it may be easier to qualify for housing for older persons and exclude families with children.

HB660 - passed House with Committee substitute (Block Vote) (98-Y 0-N); passed Senate (40-Y 0-N); approved by GovernorPatron: George W. Grayson
Alzheimer's Association position: SUPPORT
Summary as passed:
Health insurance; access to ambulance services. Prohibits health insurers, health maintenance organizations and corporations providing accident and sickness subscription contracts from requiring a person covered under such policy, contract or plan to obtain prior authorization before accessing an emergency 911 system or other state, county or municipal emergency medical system for ambulance services, and from establishing an emergency medical response and transportation system in competition with a governmental 911 or other emergency system.

HB714 - passed House with Committee amendment (100-Y 0-N); passed Senate (39-Y 0-N); approved by GovernorPatron: Michele B. McQuigg
Alzheimer's Association position: SUPPORT
Summary as passed:
Certified nursing facility education initiative. Authorizes the Board of Medical Assistance Services (Board), assisted by the Department of Medical Assistance Services (DMAS), to administer education initiatives for certified nursing facilities. The Director of DMAS shall contract with a nonprofit organization for early on-site training and assistance to promote quality of care in such facilities. Competitive procurement shall not apply. Such nonprofit organization shall be governed by a board of directors composed of the Director of DMAS, or his designee, a representative from the Virginia Department of Health, a representative from the Department of Social Services' Adult Protective Services Unit, a representative from the Office of the State Long-Term Care Ombudsman, and representatives from the consumer, long-term care provider, and business communities. The board of directors shall report on accomplishments, priorities, and activities of the nonprofit organization and submit a strategic plan to the Board, the Governor and the General Assembly. Funding to initially implement the nonprofit organization shall be from civil money penalty funds, and thereafter such organization shall be self-sustaining. Funding for services shall come from charges to nursing facilities, from general appropriations, and from civil money penalty funds. Civil money penalty funds are those funds collected by the DMAS for enforcement of nursing facility remedies pursuant to Title XIX of the Social Security Act.

HB726 - passed House with Committee substitute (97-Y 1-N 1-A); passed Senate (40-Y 0-N); approved by GovernorPatron: John H. Rust, Jr.
Alzheimer's Association position:
Summary as passed:
Managed care health insurance plans; Office of Managed Care Ombudsman; External Review Process. Clarifies provisions of the 1999 omnibus health insurance legislation regarding the Managed Care Ombudsman and the external review process. The amendments make clear that legislation created an Office of Managed Care Ombudsman, rather than a single position. Other amendments regarding the External Review Process (i) establish the threshold for the External Review Process at $300 in out-of-pocket costs to the covered person if the adverse decision is not reversed; (ii) increase to 30 days the time period for the external reviewer to complete its review; (iii) increase the other time periods for actions by the parties related to the review and the Bureau; (iv) make a utilization review entity's failure to comply with the Commissioner's written ruling subject to sanctions as a knowing and willful violation of the statute; (v) provide that fees paid by utilization review entities are paid to the Bureau's maintenance fund; (vi) establishes sanctions against utilization review entities who fail to pay the fee within a reasonable time; (vii) provide that, before entering in to contracts with an impartial health entity to conduct external reviews, the Bureau shall determine that the entity possesses the necessary credentials and is otherwise qualified to conduct the review; (viii) limits access to the external review process to individuals covered under a contract issued in this Commonwealth; and (ix) clarify that the Commissioner of Insurance is to affirm recommendations of the independent review entity unless they are arbitrary, capricious or beyond the review entity's authority. The bill also makes a number of housekeeping amendments to other provisions of the 1999 legislation.

HB818 - passed House (79-Y 19-N); passed Senate (40-Y 0-N) with Committee substitute and floor amendments; Senate substitute with amendments agreed to by House (88-Y 9-N); approved by GovernorPatron: Jeannemarie Devolites
Alzheimer's Association position:
Summary as passed:
Health professions; nurse practitioners. Expands the prescriptive authority of nurse practitioners, as follows: Schedules V and VI controlled substances on and after July 1, 2000; Schedules IV through VI on and after January 1, 2002; and Schedules III through VI controlled substances on and after July 1, 2003. Currently, nurse practitioners'prescriptive authority is limited to Schedule VI drugs. The bill also removes from the Boards of Nursing and Medicine the responsibility of developing a formulary for the specific drugs that nurse practitioners are allowed to prescribe and requires the supervising physician to develop a written agreement with each nurse practitioner under his supervision listing the controlled substances the nurse practitioner is or is not authorized to prescribe. In addition to the requirement of periodic site visits by physicians who supervise nurse practitioners which is currently in the law, the joint regulations of the Boards of Nursing and Medicine will include requirements for continued nurse practitioner competency, e.g., continuing education, testing, and/or any other requirement. The regulations must also address the need to promote ethical practice, an appropriate standard of care, patient safety, the use of new pharmaceuticals, and appropriate communication with patients. A second enactment clause requires the Joint Commission on Health Care, with the full cooperation of the Medical Society of Virginia, the Old Dominion Medical Society, the Board of Medicine, the Board of Nursing, and nurse practitioner associations, to study nurse practitioner prescriptive authority as provided in this act to determine the impact of the authority to prescribe Schedules III through VI controlled substances and devices on patient care, provider relationships, third-party reimbursement, physician practices, and patient satisfaction with nurse practitioner treatment. A preliminary report on this study must be provided by the Joint Commission to the Senate Committee on Education and Health and the House Committee on Health, Welfare and Institutions by July 1, 2003. The Joint Commission must complete its work in time to submit its written findings and recommendations to the Governor and 2004 General Assembly as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents.

HB836 - passed House (98-Y 0-N) with Committee amendment; passed Senate (39-Y 0-N); approved by GovernorPatron: Phillip A. Hamilton
Alzheimer's Association position: SUPPORT
Summary as passed:
Adult care residences; access. Provides that adult care residences shall provide reasonable access to staff of community services boards for the purpose of (i) assessment or evaluation, (ii) case management or other services or assistance, or (iii) monitoring the care for community services board clients in the facility, or to evaluate other facility residents who have previously requested services. This bill is a recommendation of the Joint Commission on Health Care.

HB837 - passed House (97-Y 0-N) with amendment; passed Senate (39-Y 0-N); approved by GovernorPatron: Phillip A. Hamilton
Alzheimer's Association position: SUPPORT
Summary as passed:
Adult care residences; disclosure of staffing levels. Requires licensed adult care residences, upon admission and upon request, to provide in writing a description of the types of staff working in the facility and the services provided, including the hours such services are available. This bill is a recommendation of the Joint Commission on Health Care.

HB923 - Passed House with Committee substitute (Block Vote) (98-Y 0-N); passed Senate with Committee amendments (40 -Y 0-N); Senate amendments agreed to by House (75-Y 0-N); approved by GovernorPatron: Vivian E. Watts
Alzheimer's Association position: SUPPORT
Summary as passed:
Long-term care insurance; refund of unearned premiums. Requires individual long-term care insurance policies and certificates to return unearned premiums on a pro-rata basis to insureds in the event of cancellation by the carrier or the insured. The measure does not apply to single-premium policies.

HB1051 - passed House with Committee amendment (98-Y 0-N 1-A); Passed Senate (31-Y 7-N 1-A) with amendment; Senate amendment agreed to by House (96-Y 1-N 1-A); approved by GovernorPatron: Eric I. Cantor
Alzheimer's Association position: OPPOSE (consumers need consistent regulatory protection)
Summary as passed:
Adult care residences. Directs the State Board of Social Services to implement emergency regulations for adult care residences that take into consideration cost constraints of smaller operations in complying with such regulations.

HB1076 - Passed House (99-Y 0-N) with Committee amendment; passed Senate (38-Y 0-N); approved by GovernorPatron: Kenneth R. Melvin
Alzheimer's Association position: SUPPORT
Summary as passed:
Health; health workforce recruitment and retention. Requires the State Health Commissioner to direct activities and programs for recruitment and retention of health care providers for underserved populations, underserved areas, and health professional shortage areas (HPSAs). To assist in this, a Health Workforce Advisory Committee is established within the Department and includes representatives of various organizations and types of health care. The Commissioner is required to report to the Governor and the General Assembly by October 1 of each year.

HB1168 - passed House (99-Y 0-N); passed Senate (39-Y 0-N); approved by GovernorPatron: R. Creigh Deeds
Alzheimer's Association position: SUPPORT
Summary as passed:
Adult protective services; mandatory reporters. Requires nursing home, certified nursing facilities and adult care residences to train all employees who are mandatory reporters of adult abuse, neglect, and exploitation on the reporting procedures and the consequences for failing to report.

HB1169 - passed House (99-Y 0-N); passed Senate (39-Y 0-N); approved by GovernorPatron: R. Creigh Deeds
Alzheimer's Association position: SUPPORT
Summary as passed:
Adult protective services. Requires that nursing homes, certified nursing facilities, and adult care residences post the Adult Protective Services toll-free number in a place that is conspicuous and public.

HB1194 - passed House (98-Y 0-N 2-A) with Committee amendment; passed Senate (39-Y 0-N); approved by GovernorPatron: Alan A. Diamonstein
Alzheimer's Association position: SUPPORT
Summary as passed:
Adult care residences; training. Requires applicants for licensure of an adult care residence who have not previously owned or managed or do not currently own or manage an adult care residence in Virginia to undergo training by the Department of Social Services or other Commissioner-approved training program. The training will focus on health and safety issues and rights of residents and must be completed prior to the granting of an initial license, unless the Commissioner, at his discretion, grants the license conditioned upon the owner or manager's completion of the required training. The Commissioner may also approve for licensure applicants who meet requisite experience criteria as established by the Board. This bill is a recommendation of the Joint Commission on Health Care.

HB1199 - passed House (Block Vote) (100-Y 0-N); passed Senate (38-Y 0-N); approved by GovernorPatron: M. Kirkland Cox
Alzheimer's Association position: SUPPORT
Summary as passed:
Department for the Aging toll-free hotline. Establishes within the Department for the Aging a toll-free number to provide resource and referral information to older Virginians and their families, and to provide such other assistance and advice as may be requested.

HB1200 - passed House (100-Y 0-N) with Committee and floor amendments; passed Senate (39-Y 0-N) with Committee amendments; Senate amendments agreed to by House (78-Y 19-N); approved by GovernorPatron: M. Kirkland Cox
Alzheimer's Association position: SUPPORT
Summary as passed:
Grant program for respite care services. Provides up to $100,000 in matching funds to organizations for the development or expansion of adult day care services or other services that provide respite care to aged, infirm, or disabled adults. The bill will not become effective unless an appropriation effectuating the purpose of the bill is included in the 2000 appropriation act enacted into law by the Governor. SB 518 provides a similar grant program for respite care services, with the effective date of the bill as of January 1, 2001.

HB1249 - passed House (92-Y 6-N) with Committee amendments; passed Senate (39-Y 0-N); approved by GovernorPatron: Robert H. Brink
Alzheimer's Association position: SUPPORT
Summary as passed:
Health; nursing workforce information. Requires, with such funds as are appropriated for this purpose, the Board of Nursing to collect certain information about the nursing workforce in the Commonwealth and make such nonidentifying information available to interested parties.

HB1251 - passed House (97-Y 0-N 2-A) with Committee amendments; Passed Senate (39-Y 0-N) with Committee amendments; Senate amendments agreed to by House (95-Y 0-N); approved by GovernorPatron: Robert H. Brink
Alzheimer's Association position: SUPPORT (technical objections addressed by Senate amendments)
Summary as passed:
Adult care residences; revised definitions. Renames adult care residences as assisted living facilities, which are defined as congregate residential settings that provide or coordinate personal and health care services, 24-hour supervision, and assistance (scheduled and unscheduled) for the maintenance or care of four or more adults who are aged, infirm or disabled and who are cared for in a primarily residential setting. Exceptions are made for facilities licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services, the Department of Social Services, and certain U.S. Department of Housing and Urban Development, U.S. Department of Agriculture, and Virginia Housing Development Authority projects that may fall within the definition of assisted living facilities. The bill permits a person meeting the qualifications of administrator of a nursing home, as defined by the State Board of Social Services (State Board), to be deemed qualified to serve as an administrator of an assisted living facility or a combined assisted living facility/nursing home provided they are part of the same building. The bill directs the State Board to promulgate regulations to enable assisted living facilities to provide safe, secure environments for residents having serious cognitive impairments. This bill is a recommendation of the Joint Commission on Health Care.

HB1367 - passed House (99-Y 0-N) with Committee substitute; passed Senate with amendment (39-Y 0-N) with Committee amendment; Senate amendment agreed to by House (98-Y 0-N); approved by GovernorPatron: H. Morgan Griffith
Alzheimer's Association position: OPPOSE (unnecessarily alters the existing advance directive statute)
--> Summary as passed: Health care decisions. Requires, in those instances in which a physician determines the terms of an advance directive of a qualified patient or the treatment decision of a person designated to make the decision on the treatment to be medically or ethically inappropriate, that the physician make reasonable effort to inform the patient or the patient's designated decision-maker of such determination and the reasons for the determination. If the conflict remains unresolved, the physician must make a reasonable effort to transfer the patient to another physician who is willing to comply with the terms of the advance directive. The physician must provide the patient or his authorized decision-maker a reasonable time of not less than 14 days to effect such transfer and must continue to provide, during this period, any life-sustaining care to the patient which is reasonably available to him, as requested by the patient or his designated decision-maker; however, the physician is not required to provide treatment that he is physically or legally unable to provide or treatment that he is physically or legally unable to provide without denying the same treatment to another patient. "life-sustaining care" is defined as "any ongoing medical treatment that utilizes mechanical or other artificial means to sustain, restore or supplant a spontaneous vital function, including hydration, nutrition, maintenance medication, and cardiopulmonary resuscitation."

HB1368 - passed House (100-Y 0-N) with Committee amendment; passed Senate (38-Y 0-N); approved by GovernorPatron: Robert H. Brink
Alzheimer's Association position: SUPPORT
Summary as passed:
Long-term care nursing scholarship and loan repayment program. Establishes a scholarship and loan repayment program for registered nurses, licensed practical nurses, and certified nurse aides who agree to work in a Commonwealth long-term care facility for a given period of time. This bill is a recommendation of the Joint Commission on Health Care.

HB1511 - passed House with substitute (99-Y 0-N); passed Senate (40-Y 0-N); approved by GovernorPatron: Harvey B. Morgan
Alzheimer's Association position: SUPPORT
Summary as passed:
Long-term care insurance. Establishes limits on periods for contestability of long-term care insurance policies. Each long-term care policy is required to include an incontestability provision providing that a policy may be rescinded or a claim denied: (i) during the six months following issuance, upon a showing of misrepresentation that is material to the acceptance of coverage; (ii) between six months and two years following issuance, upon a showing of misrepresentation that is both material to the acceptance of coverage and that pertains to the condition for which benefits are sought; and (iii) after two years, only upon a showing that the insured knowingly and intentionally misrepresented relevant facts relating to the insured's health. The bill also (i) requires that policyholders be offered the option of purchasing a policy containing a nonforfeiture benefit; (ii) authorizes the State Corporation Commission to issue regulations regarding long-term care insurance policies and certificates; (iii) prohibits the marketing of a long-term care insurance policy or certificate as a qualified long-term care insurance policy or federally tax-qualified long-term care insurance contract unless the policy or contract contains a statement prominently disclosing that such policy or certificate is a qualified long-term care insurance policy or federally tax-qualified long-term care insurance contract; (iv) prohibits the field issuance of such policies by an agent or third-party administrator; and (v) prohibits such policies from providing that an insurer who has paid benefits may recover the benefit payments in the event that the policy is rescinded. The Joint Commission on Health Care and Bureau of Insurance are required to conduct a study of the NAIC's efforts in the area of reporting requirements and comparative disclosure for long-term care insurance policies in other states. The provision regarding nonforfeiture benefits will take effect on January 1, 2001, or 60 days following the adoption of regulations by the SCC, whichever first occurs.

HJ168 - passed House (99-Y 0-N); agreed to by Senate by voice vote
Patron: P. E. (Phil) Larrabee
Alzheimer's Association position: SUPPORT
Summary as passed:
Long-term care. Urges Congress to protect senior assets from liquidation to meet the eligibility requirements for federal medical and long-term care benefits.

HJ242 - passed House (95-Y 3-N); agreed to by Senate by voice vote
Patron: Robert H. Brink
Alzheimer's Association position: SUPPORT
Summary as passed:
Health; advance directives. Requests the Virginia Board of Medicine, the Medical Society of Virginia, the Old Dominion Medical Society, the Virginia Academy of Family Physicians, the Virginia Hospital and Healthcare Association, the Virginia Healthcare Association, the Virginia Association of Non-Profit Homes for the Aging, the Virginia Association for Home Care, the Virginia Bar Association, the Virginia State Bar, and other appropriate entities to encourage their members to promote greater awareness of advance directives. This is a recommendation of the Joint Commission on Health Care.

Terminated Legislation

HB92 - Passed by indefinitely in Committee for Courts of Justice (13-Y 9-N)
Patron: A. Donald McEachin
Alzheimer's Association position: SUPPORT
Summary:
Civil Remedies; HMO liability; health care treatment decisions. Establishes a cause of action for persons who suffer damages as a result of a health maintenance organization's failure to exercise ordinary care in making a health care treatment decision affecting such person. Persons may file claims directly with the court and are not required to follow the procedures governing the utilization review process.

HB604 - Continued to 2001 in Committee on Health, Welfare and Institutions (22-Y 0-N)
Patron: Michele B. McQuigg
Alzheimer's Association position: SUPPORT
Summary:
Confidentiality of health records. Requires the State Health Commissioner or his designee to obtain (i) the written consent of a patient with a noncommunicable disease or his agent or guardian or (ii) a court order in order to divulge the patient's identity in the course of investigations, research or studies of diseases or deaths of public health importance.

HB661 - Reported from Committee on Health, Welfare and Institutions with amendment (22-Y 0-N); Tabled in Committee on Appropriations
Patron: R. Creigh Deeds
Alzheimer's Association position:
Summary:
Virginia Prescription Drug Payment Assistance Program. Establishes a program to administered by the Department of Medical Assistance Services, modeled on Delaware's Prescription Drug Payment Assistance Program, to assist eligible elderly and disabled Virginians in paying for prescription drugs. The benefit is limited to prescription drugs manufactured by pharmaceutical companies that agree to provide manufacturer rebates. Eligible persons must have incomes below 200 percent of the federal poverty level or have prescription drug expenses that exceed 40 percent of his or her annual income. They must also be age 65 or older or eligible for federal Old Age, Survivors and Disability Insurance Benefits, and be ineligible for Medicaid prescription benefits and/or not receiving a prescription drug benefit through a Medicare supplemental policy or other third party payer prescription benefit. Eligible persons enrolled in the program are eligible for an annual benefit of up to $2,500. Eligible enrollees will receive an identification card to be presented to pharmacists, and will start receiving the benefit the month after their eligibility is determined. Benefits will be paid to pharmacies under a point-of-service claims procedure to be established by DMAS. Participants are required to make a co-payment for each prescription, which in general will not exceed 25 percent of the cost but not less than $5. Money to pay the claims will come from the newly established Prescription Assistance Fund, which is to be financed by 20 percent of the proceeds received by the Commonwealth under the Master Tobacco Settlement Agreement. To the extent available, administrative costs are to be paid from the pharmaceutical manufacturer rebates.

HB839 - passed House (87-Y 11-N) with Committee and floor amendments; passed by indefinately in Senate Committee on Finance (12-Y 4-N)
Patron: Phillip A. Hamilton
Alzheimer's Association position:
Summary:
Medicaid reimbursement of nursing facilities. Requires the Department of Medical Assistance Services to develop a revised nursing home reimbursement procedure, effective July 1, 2000, consisting of two distinct cost centers: direct care costs and indirect costs; and to develop a price-based methodology for indirect costs using a Resource Utilization Group (RUG) methodology, by January 1, 2001. The RUG methodology will be differentiated for the specialized care program (heavy-care patients). The Department is required to publicize the regulations and provide a searchable electronic format.

HB840 - Continued to 2001 in Committee on Health, Welfare and Institutions with amendments (22-Y 0-N)
Patron: Phillip A. Hamilton
Alzheimer's Association position:
Summary:
Health; Medical assistance services. Changes the name of the Board and Department of Medical Assistance Services to the Board and Department of Health Care Financing. All duties and powers of the Board and Department shall remain the same. Current appointments to the Board shall expire on June 30, 2000, and shall be replaced by a board of eleven members with experience and expertise in health care delivery and health care financing to be comprised in the following manner and on staggered terms: six members shall be appointed by the Governor; three members shall be appointed by the Speaker of the House of Delegates; and two members shall be appointed by the Senate Committee on Privileges and Elections. The Board will be required to submit an annual report to the Governor and General Assembly rather than biennially as now provided. The bill includes technical amendments. In addition, the Director assumes new responsibilities to ensure that programs are being administered efficiently and effectively, to advise the Governor and General Assembly on pertinent matters, to consult regularly with the appropriate staff and committees of the General Assembly, and to work with other agencies and stakeholders to ensure efficient enrollment of children in any appropriate health insurance program.

HB878 - Tabled in Committee on Health, Welfare and Institutions (22-Y 0-N)
Patron: Clarence E. (Bud) Phillips
Alzheimer's Association position:
Summary:
Medical assistance services' audits and investigations. Permits the attorney for the Commonwealth to audit and investigate providers of services furnished under the State Medical Plan within their jurisdictions, if the Office of the Attorney General declines to do so.

HB885 - Tabled in Committee on Health, Welfare and Institutions (22-Y 0-N)
Patron: Clarence E. (Bud) Phillips
Alzheimer's Association position:
Summary:
Medical assistance services. Provides that the spouse of a nursing home resident who remains in the community shall have a protected resource minimum of $74,820.

HB891 - Continued to 2001 in Committee on Health, Welfare and Institutions (22-Y 0-N)
Patron: John A. (Jack) Rollison, III
Alzheimer's Association position: OPPOSE (technical objections))
Summary:
Adult protective services registry. Establishes the adult protective services registry, which shall contain a listing of any person employed by a facility or program licensed or funded by the Departments of Health, Social Services, or Mental Health, Mental Retardation and Substance Abuse Services who has abused, neglected or exploited a person 60 years of age and older, when that abuse, neglect or exploitation resulted in a local department of social services' determination that such person had or has need of protective services. Applicants for employment at nursing homes, adult care residences, and mental health, mental retardation, and substance abuse programs and facilities are required to obtain a search of the adult protective services registry for a record of any investigation of adult abuse, neglect or exploitation undertaken on the applicant. The adult protective services registry is to be maintained by the Adult Protective Services Unit of the Department of Social Services. The bill contains an amendment to correct an internal inconsistency resulting from HB 2572 (1999) that a felon convicted of possession of drugs is barred from employment for five years or if he continues on probation or parole or failed to pay court costs rather than barred completely.

HB915 - Passed by indefinitely in Committee on Corporations, Insurance & Banking (14-Y 11-N)
Patron: C. Richard Cranwell
Alzheimer's Association position: SUPPORT
Summary:
Managed care health insurance plans; freedom of choice. Requires carriers offering preferred provider contracts, corporations offering subscription contracts, and health maintenance organizations, that operate a managed care health insurance plan (MCHIP), to allow covered persons to choose their health care services provider. This right of choice extends to any provider that is not a member of the MCHIP's provider panel if the provider has previously notified the carrier of its agreement to accept, as payment in full, the reimbursement for health care services at the rates applicable to providers that are members of the MCHIP's provider panel. In addition, if the carrier requests in writing, an outside provider must execute the form of contract or agreement that the carrier requires all of the members of its provider panel to execute. Such agreement or contract must be signed by the outside provider within 30 days of the provider's receipt of the carrier's request. The bill prohibits reduced or disparate coverage and the imposition of monetary penalties if individuals receive their health care services from an outside provider. The bill also bars carriers from (i) denying immediate access to electronic claims filing to an outside provider that has executed the carrier's provider panel contract or agreement and (ii) requiring a covered person to make payment at point of service unless members of the MCHIP's provider panel are subject to the same requirement. A similar freedom to choose provision is added to the state employee's health insurance plan. The existing provision requiring HMO plans to offer optional point of service coverage is repealed.

HB1006 - Continued to 2001 in Committee on Health, Welfare and Institutions (22-Y 0-N)
Patron: Vivian E. Watts
Alzheimer's Association position:
Summary:
Health; nursing homes. Requires the Board of Health to develop staffing standards for nursing homes that will provide an average of five hours of direct care services per resident per 24-hour period. The Board shall develop a definition of direct care services by regulation.

HB1072 - Continued to 2001 in Committee on Health, Welfare and Institutions (22-Y 0-N)
Patron: Kenneth R. Melvin
Alzheimer's Association position:
Summary:
Health; Medical assistance services. Changes the name of the Board and Department of Medical Assistance Services to the Board and Department of Health Care Financing. All duties and powers of the Board and Department shall remain the same. Current appointments to the Board shall expire on June 30, 2000, and shall be replaced by a board of eleven members with experience and expertise in health care delivery and health care financing to be comprised in the following manner and on staggered terms: six members shall be appointed by the Governor; three members shall be appointed by the Speaker of the House of Delegates; and two members shall be appointed by the Senate Committee on Privileges and Elections. The Board will be required to submit an annual report to the Governor and General Assembly rather than biennially as now provided. The bill includes technical amendments.

HB1113 - Continued to 2001 in Committee on Health, Welfare and Institutions (22-Y 0-N)
Patron: John H. Tate, Jr.
Alzheimer's Association position:
Summary:
Virginia Pharmaceutical Assistance Program. Establishes, within the Department of Health, the Virginia Pharmaceutical Assistance Program for the purpose of assuring that individuals who are 65 years old or older and whose incomes do not exceed 200 percent of the federal poverty level have access to medically necessary prescription drugs. The Board of Health is required to (i) use the Medicaid methodology for calculating income eligibility, (ii) establish a methodology for allowing participation of individuals who are eligible and whose prescription drug costs are covered, in part, by a health benefits plan or health insurance; (iii) give priority to individuals who do not have prescription drug coverage from any health benefits plan or health insurance; (iv) establish a formulary of covered drugs; and (v) appoint an advisory committee of no more than 20 citizens with expertise in prescription drug formularies or experience with the issues related to prescription drug coverage and senior citizens. The Board's regulations will also include a sliding fee scale of copayments, establish supply limits, and establish criteria for contracting for the procurement of drugs. This program will not be an entitlement and would only be available to the extent that funds are appropriated. The Board of Health is provided an exception from the procurement act for this program. Emergency regulations are required in a second enactment clause, and a third enactment clause authorizes the Board of Health to implement the program as a pilot to serve a predetermined number of clients on a first-come, first-served basis in the 2000-2002 biennium.

HB1208 - Continued to 2001 in Committee on Corporations, Insurance & Banking (25-Y 0-N)
Patron: Eric I. Cantor
Alzheimer's Association position:
Summary:
Managed care health insurance plans. Excludes preferred provider policies or contracts from the definition of a managed care health insurance plan (MCHIP). MCHIPs are required, among other things, to (i) apply to the Department of Health for quality assurance certification; (ii) establish procedures addressing complaint resolution and consumer satisfaction, access, availability, and continuity of care; and (iii) use a system of utilization review standards and an appeal process.

HB1215 - Reported from Committee on Health, Welfare and Institutions with amendments (22-Y 0-N); Tabled in Committee on Appropriations (27-Y 1-N)
Patron: John H. Tate, Jr.
Alzheimer's Association position:
Summary:
Medical assistance services. Requires the Board of Medical Assistance Services to include in the state plan a provision for coverage of aged, blind and disabled individuals, in compliance with federal law, whose income does not exceed 100 percent of the federal poverty level as authorized by Title XIX of the Social Security Act, as amended.

HB1403 - Tabled in Appropriations (29-Y 0-N)
Patron: Mary T. Christian
Alzheimer's Association position:
Summary:
Virginia Prescription Drug Payment Assistance Program. Establishes a program to administered by the Department of Medical Assistance Services, modeled on Delaware's Prescription Drug Payment Assistance Program, to assist eligible elderly and disabled Virginians in paying for prescription drugs. The benefit is limited to prescription drugs manufactured by pharmaceutical companies that agree to provide manufacturer rebates. Eligible persons must have incomes below 200 percent of the federal poverty level or have prescription drug expenses that exceed 40 percent of his or her annual income. They must also be age 65 or older or eligible for federal Old Age, Survivors and Disability Insurance Benefits, and be ineligible for Medicaid prescription benefits and/or not receiving a prescription drug benefit through a Medicare supplemental policy or other third party payer prescription benefit. Eligible persons enrolled in the program are eligible for an annual benefit of up to $2,500. Eligible enrollees will receive an identification card to be presented to pharmacists, and will start receiving the benefit the month after their eligibility is determined. Benefits will be paid to pharmacies under a point-of-service claims procedure to be established by DMAS. Participants are required to make a co-payment for each prescription, which in general will not exceed 25 percent of the cost but not less than $5. Money to pay the claims will come from the newly established Prescription Assistance Fund, which is to be financed by 20 percent of the proceeds received by the Commonwealth under the Master Tobacco Settlement Agreement. To the extent available, administrative costs are to be paid from the pharmaceutical manufacturer rebates.

HB1476 - Continued to 2001 in Committee on General Laws (14-Y 11-N)
Patron: Franklin P. Hall
Alzheimer's Association position: OPPOSE (inadequate consumer representation among voting members)
Summary:
Advisory Council on Adult Care Residences. Creates a 24-member Advisory Council on Adult Care Residences to advise the Board of Social Services on the review and enforcement of regulations promulgated by the Board. The 16 citizen members of the Advisory Council are voting members and the eight members representing state government entities are ex officio members with no voting power.


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Last updated: April 17, 2000

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