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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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