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The Virginia
General Assembly met in short session from mid-January through late-February, 1999 and
considered several thousand pieces of legislation. 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 Virginia Advocacy
Coalition has provided 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 will be available each Monday morning throughout the 1999 General Assembly
Session.
Enacted Legislation
Terminated Legislation
Enacted Legislation
HB 699 - Passed
House (92-Y 5-N) with Committee Substitute; Passed Senate (39-Y 0-N); approved by GovernorPatron: Vincent F. Callahan, Jr.
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Accident and sickness insurance; coverage for hospice care. Requires health insurers,
health maintenance organizations and corporations providing accident and sickness
subscription contracts to provide coverage for hospice care. "Hospice care"
means a coordinated program of home and inpatient care provided directly or under the
direction of a licensed hospice and includes palliative and supportive physical,
psychological, psychosocial and other health services to individuals with a terminal
illness utilizing a medically directed interdisciplinary team. "Terminal
illness" means a condition in an individual that has been diagnosed as terminal by a
licensed physician, whose medical prognosis is death within six months, and who elect to
receive palliative rather than curative care. The bill stipulates that documentation
requirements for hospice coverage must be no greater than those required for the same
services under Medicare. This bill does not prevent insurers, corporations, or health
maintenance organizations from offering or providing coverage for hospice services where
it cannot be demonstrated that the illness is terminal or that the individual's life
expectancy is longer than six months. The provisions of this bill do not apply to
short-term travel, accident only short-term nonrenewable policies of not more than six
months duration or to Medicare supplement policies.
HB 871 - Passed
House (73-Y 23-N 2-A) with Committee Substitute; Passed Senate (40-Y 0-N) with Floor Substitute and Amendments; Senate
Substitute and Amendments agreed to by House (98-Y 0-N 1-A); approved by GovernorPatron: H. Morgan Griffith
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Health care coverage networks; any willing provider; hospitals. Requires health insurers
and corporations issuing health care coverage policies and subscription contracts
administered through preferred provider networks, together with health maintenance
organizations (HMOs) to accept any hospital within a 75 mile radius of such hospital as a
preferred or participating provider if it is willing to accept the same terms and
conditions of network inclusion applicable to other hospitals accepted as network
providers. The bill has a reenactment clause; its provisions will not become effective
unless reenacted by the 2000 Session of the General Assembly.
HB 1274
- Passed House (99-Y 0-N) with Committee Substitute; Passed Senate (32-Y 0-N 6-A) with Committee Substitute; Senate substitute agreed to by House
(97-Y 0-N); approved by GovernorPatron: William K. Barlow
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Insurance; rebates and charges in excess of premium prohibited; exceptions. Prohibits
insurance agents and other insurer representatives from requesting or receiving from an
insurance applicant any compensation in excess of required insurance premium payments,
unless (i) the applicant consents to such additional compensation, in writing, before
insurance services are rendered and (ii) a schedule of fees and documentation for services
is made available to applicants and policy holders, upon request.
HB 1546 - Passed
House (100-Y 0-N) with Committee
Amendment; Passed Senate (40-Y 0-N); approved by GovernorPatron: Harry R. Purkey
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Income tax; deduction for long term health care insurance. Provides a deduction, from
federal adjusted gross income in calculating Virginia taxable income, for long term health
care insurance premiums, for taxable years beginning on and after January 1, 2000,
provided the individual has not claimed a deduction for federal income tax purposes.
HB 2033 - Passed House (85-Y 15-N) with Committee
Amendments; Passed Senate (39-Y 0-N) with Committee Amendments; Senate amendment agreed to by House
(94-Y 6-N); approved by GovernorPatron: Brian J. Moran
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Definition of family abuse. Redefines "family abuse" to mean any act involving
violence, force, threat or intimidation, rather than the current "act of
violence" which causes or results in any forceful detention or physical injury or
places a person in reasonable apprehension of serious bodily injury and which is committed
by a person against a family or household member.
HB 2193 - Passed
House (100-Y 0-N) with Committee Substitute; Passed Senate (40-Y 0-N) with Committee Substitute; Senate substitute rejected by House
(7-Y 88-N); House acceded to Senate request for appointment of conferees; Senators:
Stosch, Gartlan, K. G. Miller, Marye; Delegates: Hall, Tate, Cantor, Rhodes; Conference Report agreed to by House (96-Y 0-N) and Senate
(40-Y 0-N); approved by GovernorPatron: John H. Tate, Jr.
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Tax credit for care provided to impaired elderly relatives. Provides a $500 tax credit to
individuals or couples whose Virginia adjusted gross income does not exceed $50,000 who
provide unreimbursed care to an impaired elderly relative who required assistance with one
or more activities of daily living during more than half the year and is at least age 60.
Includes HB 1478 (Darner), HB 1509 (Deeds) and HB 2742 (Hall).
HB 2213 - Passed House (97-Y 1-N 1-A)
with Committee Substitute; Passed Senate (39-Y 0-N) with Committee Amendments; Senate amendments agreed to by House
(98-Y 0-N); approved by GovernorPatron: Harry J. Parrish
Alzheimer's Association position:
Summary as Passed House:
Health insurance; fair business practices. Establishes fair business practices standards
applicable to the claim reimbursement practices of health insurance carriers, health
services plans and HMOs (referred to as "carriers"). The section requires
carriers to (i) pay claims within 40 days of claim receipt, unless the claim is not a
clean claim, is disputed in good faith, or there is otherwise no obligation to pay, (ii)
contact health care providers within 30 days of receiving reimbursement claims if they
desire further claim information or documentation, and (iii) establish reasonable policies
giving providers notice of and detailed information concerning carriers' required
administrative claims processing procedures. The legislation also prohibits retroactive
claim denial unless claims are fraudulent, previously paid, or retroactively reviewed
within the lesser of 12 months or a period equal to the number of days in which claims
must be submitted after a health care service is provided. On and after July 1, 2000, a
carrier must notify a provider at least 30 days in advance of any retroactive denial of a
claim. The bill also requires that carriers' provider contracts (and any subsequent
amendments) disclose carrier reimbursement fee schedules and policies. The legislation
establishes private rights of action for providers who suffer actual damages resulting
from carrier violations of the bill's provisions. Providers are entitled to recover treble
damages for any willful violations. The Virginia State Corporation Commission is given
regulatory oversight cncerning the bill's provisions.
HB 2228 - Passed
House (100-Y 0-N); Passed Senate (40-Y 0-N) with Committee Amendment; Senate amendment agreed to by House
(99-Y 0-N); approved by GovernorPatron: Phillip A. Hamilton
Alzheimer's Association position: SUPPORT
Summary:
Health regulation; nursing homes and certified nursing aides. Requires nursing homes to
fully inform patients in summary form of the findings concerning the facility in federal
Health Care Financing Administration surveys and inspections, if any. The bill also
requires nursing aide education programs designed to prepare nurse aides for certification
to be a minimum of 120 clock hours in length. The curriculum of such programs shall
include, but not be limited to, communication and interpersonal skills, safety and
emergency procedures, personal care skills, appropriate clinical care of the aged and
disabled, skills for basic restorative services, clients' rights, legal aspects of
practice as a certified nurse aide, occupational health and safety measures, culturally
sensitive care, and appropriate management of conflict. The Board of Nursing shall
promulgate emergency regulations to implement the nurse aide education program provisions.
HB
2283 - passed House (97-Y 0-N 1-A); Passed Senate (40-Y 0-N) with Committee Substitute; Senate substitute agreed to by House
(86-Y 0-N); Governor's Amendments proposed; House concurred in
Governor's recommendation (93-Y 2-N); Senate concurred in Governor's recommendation (39-Y
0-N); Governor's recommendation adopted
Patron: Harvey B. Morgan
Alzheimer's Association position: SUPPORT
Summary:
Accident and sickness insurance; guaranteed availability of individual health insurance
coverage. Requires health insurance issuers to include questions on forms for individual
health insurance that will enable the health insurance issuer to determine whether an
applicant qualifies as an "eligible individual." "Eligible
individuals" must be issued individual health insurance coverage without a
preexisting conditions limitation if the coverage is issued within 63 days of termination
of coverage under a prior group health insurance contract.
HB 2314 - Passed House (100-Y 0-N); Passed
Senate (39-Y 0-N 1-A); approved by GovernorPatron: Thomas G. Baker, Jr.
Alzheimer's Association position:
Summary:
Health; certificate of public need. Eliminates a certificate of public need for the
replacement of certain diagnostic imaging equipment, including computed tomography,
positron emission tomography, and magnetic source imaging. This is a recommendation of the
Joint Commission on Health Care.
HB
2341 - Passed House (100-Y 0-N) with floor
amendments; Passed Senate (40-Y 0-N); approved by GovernorPatron: S. Chris Jones
Alzheimer's Association position:
Summary as Passed House:
Health professions; prescriptive authority of nurse practitioners and physician
assistants. Adds authority for licensed nurse practitioners and physician assistants who
have prescriptive authority to receive and dispense manufacturers' professional samples.
HB 2358 - Passed
House (100-Y 0-N) with Committee Substitute; Passed Senate (40-Y 0-N) with Committee Amendments; Senate amendments agreed to by House
(95-Y 0-N); approved by GovernorPatron: James F. Almand
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Income tax; accessibility features for the disabled tax credit. Provides an income tax
credit to individuals who add certain features to their homes so they are accessible to
the disabled, effective for taxable years beginning on and after January 1, 2000, provided
none of the car tax triggers occurs prior to that date. If one or more of such triggers
occurs, the bill is effective January 1 of the year following the year in which none of
the triggers occurs. The amount of the credit is 25 percent of the amount spent on such
features, not to exceed $500 or the individual's tax liability in the taxable year the
feature is completed. The taxpayer must apply for the credit on their tax return or when
filing for an extension. Tax credits granted for such proposals shall not exceed $1
million in any taxable year.
HB 2369 - Passed House (99-Y
0-N 1-A) with Committee Substitute; Reported from Senate Committee on
Education and Health (15-Y 0-N) with Committee Substitute; Senate substitute rejected by House
(2-Y 94-N 1-A); House acceded to Senate request for appointment of conferees; Senators:
Woods, Couric, Martin; Delegates: Rust, Hamilton, DeBoer; Conference Report agreed to by House (92-Y 0-N) and Senate
(40-Y 0-N); approved by GovernorPatron: John H. Rust, Jr.
Alzheimer's Association position:
Summary as Passed House:
Medical care facilities certificate of public need. Eliminates the requirement for a
certificate of public need for the replacement of any equipment; requires registration
with the Commissioner of Health and the appropriate health systems agency, within thirty
days of becoming contractually obligated, of purchases of any medical equipment for the
provision of cardiac catheterization, computed tomographic (CT) scanning, gamma knife
surgery, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI),
open heart surgery, positron emission tomographic (PET) scanning, radiation therapy, or
other specialized service designated by the Board regulation; and revises the
administrative process for obtaining a certificate.
The administrative procedures for review of applications for certificate of public need
are revised to require (i) timelines for review procedures to be speedy and concise; (ii)
reduction by 25 percent, upon each failure to adhere to the established timelines, of the
fee maximums allowed in the present law, up to 75 percent of the fee; (iii) transmission
of the application by certified mail or a delivery service, return receipt requested; (iv)
the 120-day-review period to begin on the date identified in the batching process; (v) the
application review by the health systems agencies to be limited to 60 days; (vi) if the
health systems review is not completed within 60 days and recommendations are not
submitted within ten days after the completion of the 60-day review, the Department, on
the seventy-first day, to proceed as though the health systems agency has recommended
project approval without conditions or revision; (vii) the establishment of a date by the
Department between the 80th and the 90th days of the review period for holding an informal
fact-finding conference; (viii) the informal fact-finding hearing to be on the record and
not de novo; and (ix) only the applicant authority to extend established time lines. If
the Commissioner does not make a decision within sixty days of the closing of the record
following the informal fact-finding conference, the application will be deemed to be
approved, and the certificate must be granted. Deemed approvals will be construed as the
Commissioner's case decision on the application pursuant to the Administrative Process Act
and will be subject to judicial review on appeal as provided in the APA. In any case when
no informal fact-finding conference is held and no decision is made with 105 days of the
120-day review period, the application will be deemed to be approved, and the certificate
will granted. Any person who has sought to participate in the Department's review of a
deemed-to-be approved application as a person showing good cause who has not received a
final determination from the Commissioner concerning the good-cause petition will be
deemed to be a person showing good cause for purposes of appeal of the approval of the
certificate.
The Commissioner's annual report on COPN must include an analysis of the effectiveness
of the application review procedures used by the health systems agencies and the
Department which details the review time required during the past year for various project
categories, the number of contested or opposed applications and the project categories of
these contested or opposed projects, the number of deemed approvals from the health
systems agencies and the Department because of their failure to comply with the timelines,
any other data determined by the Commissioner to be relevant to the efficient operation of
the program, and an analysis of the equipment registrations, including the type of
equipment replaced and purchased and the equipment costs.
HB 2427 - Passed House (100-Y 0-N) with Committee Substitute; Passed Senate (40-Y 0-N); Governor's Amendments proposed; House concurred in
Governor's recommendation (99-Y 0-N); Senate concurred in Governor's recommendation (40-Y
0-N); Governor's recommendation adopted
Patron: S. Chris Jones
Alzheimer's Association position:
Summary as Passed House:
Patient health records. Clarifies that no person receiving patient records from the
patient or a provider can redisclose or otherwise reveal the records of the patient,
beyond the purpose for which the disclosure was made, without first obtaining the
patient's specific consent to the redisclosure. This redisclosure prohibition does not
prevent (i) any provider who receives records from another provider from making subsequent
disclosures as permitted by the law or (ii) any provider from furnishing records and
aggregate or other data, from which patient-identifying information has been removed, to
qualified researchers, including, but not limited to, pharmaceutical manufacturers, and
their agents or contractors, for purposes of clinical, pharmaco-epidemiological,
pharmaco-economic, or other health services research. "Patient-identifying
prescription information" includes all prescriptions, drug orders or any other
prescription information that specifically identifies an individual patient. This bill
also modifies the subdivision relating to disclosure to third-party payors and their
agents to note that such disclosure is "for purposes of reimbursement." There
are technical amendments.
HB 2428 - Passed House (98-Y 0-N) with Committee
Substitute and floor amendment; Passed Senate (40-Y 0-N) with Committee Substitute; Senate Substitute agreed to by
House (100-Y 0-N); Governor's Amendments proposed; House concurred in
Governor's recommendation (99-Y 0-N); Senate concurred in Governor's recommendation (40-Y
0-N); Governor's recommendation adopted
Patron: S. Chris Jones
Alzheimer's Association position:
Summary as Passed House:
Health professions; pharmacy. Provides authority for pharmacists to enter into
collaborative agreements with practitioners of medicine, osteopathy, or podiatry for the
purpose of improving patient outcomes.
HB 2439 - Passed House (100-Y 0-N) with Committee Amendments; Passed Senate (39-Y 0-N); approved by GovernorPatron: John H. Tate, Jr.
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Adult protective services. Clarifies that adult protective services shall be provided to
persons who are found to be abused, neglected or exploited and who meet one of the
following criteria: (i) the person is 60 years of age or older or (ii) the person by
reason of impaired health, or physical or mental disability, cannot take care of himself
or his affairs. The bill also requires mandated reporters of adult abuse, neglect and
exploitation who maintain a record on a person who is the subject of such a report to
cooperate with the investigating adult protective services worker and make available
information, records or reports which are relevant to the investigation to the extent
permitted by state and federal law.
HB 2539 - Passed House
(100-Y 0-N) with Committee Substitute; Passed Senate (40-Y 0-N); approved by GovernorPatron: Whittington W. Clement
Alzheimer's Association position:
Summary:
Professional corporations; licensed nurse practitioners. Allows nurse practitioners to
organize professional corporations.
HB 2632
Passed House (69-Y 30-N) with Amendments;
Passed Senate (39-Y 0-N) with Committee Substitute; Senate substitute agreed to by House
(84-Y 7-N); Governor's Amendments proposed; House concurred in
Governor's recommendation (99-Y 0-N); Senate concurred in Governor's recommendation (40-Y
0-N); Governor's recommendation adopted
Patron: L. Karen Darner
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Department for the Aging; duties; exemption from the Public Procurement Act. Gives the
Department for the Aging the additional duty to contract with the Virginia Association of
Area Agencies on Aging for the administration of elder rights programs under the federal
Older Americans Act (Public Law 89-73), including the long-term care ombudsman program,
insurance counseling and assistance, legal assistance development and elder abuse
prevention, and to create an elder information/elder rights center. The bill also allows
the Department for the Aging to enter into contracts with designated area agencies on
aging or their collective representatives without competitive sealed bidding or
competitive negotiation (an exemption to the Public Procurement Act) for the
administration of elder rights programs. The bill contains technical amendments.
HB 2708 - Passed House (100-Y 0-N); Passed Senate
(40-Y 0-N) with Floor Substitute; Senate substitute agreed to by House (88-Y
1-N); approved by GovernorPatron: Eric I. Cantor
Alzheimer's Association position:
Summary:
Medical savings accounts. Authorized financial institutions within the Commonwealth of
Virginia to establish medical savings accounts in accordance with federal law.
HB 2751 - Passed House (100-Y 0-N); Passed Senate (40-Y
0-N); approved by GovernorPatron: Jay W. DeBoer
Alzheimer's Association position: SUPPORT
Summary:
Health; data reporting. Extends the sunset provision for the health care data reporting
requirements from July 1, 1999, to July 1, 2003. This is a recommendation of the Joint
Commission on Health Care.
HJ 527 - Passed House
(100-Y 0-N); Agreed to by Senate by voice vote
Patron: Harry J. Parrish
Alzheimer's Association position: SUPPORT
Summary:
Nursing home and adult care residence staffing guidelines. Directs the Joint Commission on
Health Care to review staffing guidelines for nursing homes and facilities and adult care
residences to determine whether staffing requirements currently in effect in the
Commonwealth adequately protect the health, safety and welfare of nursing home and
facility and adult care residence residents. Such review shall also include the adequacy
of the enforcement of such staffing guidelines, and a recommendation for enhanced staffing
guidelines based on objective data resulting from the study.
HJ 552
- Passed House (99-Y 0-N) with Committee Substitute; Agreed to by Senate with Committee Substitute by voice vote; Senate substitute
agreed to by House (88-Y 0-N)
Patron: Phillip A. Hamilton
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Memorializing Congress; ERISA regulation of employer-based health plans. Memorializes
Congress to amend the Employee Retirement Income Security Act (ERISA) to grant authority
to the several states to regulate self-funded, employer-based health plans in order to
provide greater consumer protection and effect health care reforms.
HJ 555 - Passed House
(100-Y 0-N) with Committee Amendments; Agreed to by Senate by voice vote
Patron: Linda T. Puller
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Study; Medigap and Medicare managed care. Directs the Joint Commission on Health Care to
study Medigap and Medicare managed care programs available in Virginia. The Commission
shall examine insurance options for Medicare beneficiaries in Virginia, including (i) the
availability of Medicare managed care products, (ii) the availability of Medigap policies
for medicare beneficiaries who are not yet 65, and (iii) such other issues as the
Commission may seem appropriate.
HJ 603 - Passed House (98-Y 2-N); Agreed to by Senate
by voice vote
Patron: Robert H. Brink
Alzheimer's Association position: SUPPORT
Summary:
Study; advance directives. Requests the Joint Commission on Health Care to study the use
of advance directives, or living wills, in the Commonwealth.
HJ 682 - Passed House (100-Y 0-N) with Committee Substitute; Agreed to by Senate by voice vote
Patron: Robert H. Brink
Alzheimer's Association position: SUPPORT
Summary:
Study; healthcare work-force data. Requests the Joint Commission on Health Care to examine
the need to collect work-force data on nurse practitioners, clinical nurse specialists,
registered nurses, licensed practical nurses, and certified nurse aides similar to the
action taken in the 1998 Session for physicians.
HJ 689
- Passed House (96-Y 0-N); Agreed to by Senate by voice vote
Patron: Glenn R. Croshaw
Alzheimer's Association position: SUPPORT
Summary:
Study; efficacy of providing additional protections for vulnerable adults. Requests the
Joint Commission on Health Care to study the efficacy of providing additional protections
for vulnerable adults. This resolution notes that the vulnerable adult population is
growing, resulting in greater need for long-term care and the response of the free
enterprise system to this need. Although the Commonwealth has laws relating to undue
influence in the context of various wills and trusts, adult protective services, criminal
records checks of persons who work in certain health care facilities, and regulation of
health professionals and facilities, additional mechanisms may be needed to protect
vulnerable adults in the information/technology age. The Joint Commission is directed to:
(i) review the settings and delivery of care to vulnerable adults in Virginia; (ii) enlist
the input of the agencies providing services to vulnerable adults and those agencies
licensing or otherwise regulating facilities and individuals providing care; (iii) review
other states' laws and regulations concerning personal care services, home health care,
hospice, and personal attendants; (iv) seek advice from Virginia's vulnerable adults and
their families; (v) evaluate any administrative or court cases which may be reviewed
without breach of confidentiality; and (vi) review such reports and academic studies of
the issues as may be available.
HJ
743 - Passed House (96-Y 0-N); Agreed to by Senate by voice vote
Patron: James F. Almand
Alzheimer's Association position: SUPPORT
Summary:
Department of Housing and Community Development; affordable assisted living options for
seniors. Requests the Department of Housing and Community Development, with assistance
from certain other state agencies, to foster the development of affordable assisted living
options for seniors in the Commonwealth through training, education, and information.
HJ 749 - Passed House (96-Y 0-N);
Agreed to by Senate by voice vote
Patron: Alan A. Diamonstein
Alzheimer's Association position:
Summary:
Study; VHDA; Assisted Living Loan Program. Requests the Virginia Housing Development
Authority to analyze its Assisted Living Loan Program with the goal of increasing loan
production in such program.
HJ
750 - Passed House (96-Y 0-N); Agreed to by Senate by voice vote
Patron: Alan A. Diamonstein
Alzheimer's Association position:
Summary:
Study; Department of Housing and Community Development; affordable assisted living
options. Requests the Department of Housing and Community Development to review national
model building and safety codes to identify any such appropriate category for health and
safety features, in addition to I-1 and I-2, as may foster development of affordable
assisted living options in the Commonwealth.
HJ 751 - Passed House (96-Y
0-N); Agreed to by Senate with Committee Substitute by voice vote; Senate substitute
agreed to by House (90-Y 0-N)
Patron: Alan A. Diamonstein
Alzheimer's Association position:
Summary:
Board of Social Services; adult care residences. Requests the Board of Social Services to
consider addressing the issue of flexibility in regulations to meet changing consumer
needs as the Board initiates its regular three-year review of the regulations of adult
care residences.
Terminated
Legislation
HB 2192 - Passed House (99-Y 0-N 1-A)
with Committee Substitute; Referred to Senate Committee on
Commerce and Labor; Left in Commerce and Labor; Incorporated in other legislation (HB871-Griffith)
Patron: John H. Tate, Jr.
Alzheimer's Association position:
Summary as Passed House:
Health insurance; assignment of benefits. Prohibits (i) insurers issuing individual or
group accident and sickness insurance policies providing hospital, medical and surgical or
major medical coverage on an expense incurred basis, (ii) corporations providing
individual or group accident and sickness subscription contracts, and (iii) dental
services plan offering or administering prepaid dental services from refusing to accept or
make reimbursement pursuant to an assignment of benefits made to a dentist or oral surgeon
by an insured, subscriber or plan enrollee. An "assignment of benefits" means
the transfer of dental care coverage reimbursement benefits or other rights under an
insurance policy, subscription contract or dental services plan by an insured, subscriber
or plan enrollee. Such insured, subscriber or enrollee must notify the insured, subscriber
or enrollee in writing of the assignment.
HB 1478 - Incorporated in other
legislation (HB2193-Tate)
Patron: L. Karen Darner
Alzheimer's Association position: SUPPORT
Summary:
Income tax; tax credit for caregivers. Provides a $500 tax credit to taxpayers with
adjusted gross incomes between $5,000 and $50,000, inclusive, who provide unreimbursed
care to a physically or mentally impaired relative who required assistance with two or
more activities of daily living during more than half the year. The credit will be
available for taxable years beginning on and after January 1, 2000.
HB 1509 - Incorporated in other
legislation (HB2193-Tate)
Patron: R. Creigh Deeds
Alzheimer's Association position: SUPPORT
Summary:
Income tax; tax credit for caregivers. Provides a $500 tax credit to taxpayers with
Virginia adjusted gross income between $5,000 and $50,000 who provide unreimbursed care to
a physically or mentally impaired relative who required assistance with two or more
activities of daily living during more than half the year. The credit will be available
for taxable years beginning on and after January 1, 2000.
HB 1920 - Reported from Corporations, Insurance
and Banking (26-Y 0-N); Referred to Committee for Courts of Justice; No action taken by
Courts of Justice
Patron: Clarence E. Phillips
Alzheimer's Association position: OPPOSE
Summary:
Guardianship or conservatorship. Deletes the provisions in the evaluation report for
guardianship or conservatorship detailing the proposed ward's incapacity, the dates of
evaluation and evaluator's credentials and, instead, requires the evaluator's opinion as
to whether the proposed ward has the ability to care for himself or his estate.
HB 2117 - Passed by
indefinitely in Finance with amendment (22-Y 2-N)
Patron: William P. Robinson, Jr.
Alzheimer's Association position: SUPPORT
Summary:
Individual income tax; indexing age subtraction amounts. Requires the $6,000 and $12,000
age deduction amounts to be indexed annually based on the most recent percentage increase
in the social security wage base, for taxable years beginning on and after January 1,
1999.
HB 2214 - No action
taken by Finance
Patron: John J. Davies, III
Alzheimer's Association position: SUPPORT
Summary:
Income tax; deduction for long-term health care insurance. Provides a deduction, from
federal adjusted gross income in calculating Virginia taxable income, for long-term health
care insurance premiums, for taxable years beginning on and after January 1, 2000.
HB 2310 - No action taken by
Health, Welfare and Institutions
Patron: Robert G. Marshall
Alzheimer's Association position:
Summary:
Medical care facilities certificate of public need. Requires the purchaser or the
governing board of a facility that has been sold or restructured from nonprofit status to
for-profit status to obtain a certificate of public need prior to assuming ownership or
beginning operation as a for-profit institution. Present law requires notice to the
Commissioner and the health systems agency of a sale of a facility for $600,000 or more
and authorizes the Commissioner to require a certificate of public need for such purchase.
HB
2353 -Incorporated in other legislation (HB2594-Purkey)
Patron: Patron-John J. Davies III
Alzheimer's Association position: SUPPORT
Summary:
Review of adverse utilization review decisions; review of claims appeal by an independent
external panel; penalty. Establishes, within the State Corporation Commission's Bureau of
Insurance, a process of independent external review for individuals denied a course of
treatment by their managed care health insurance plan. If the person seeking review is
determined by the Bureau of Insurance (i) to have coverage by the health plan, (ii) to be
seeking a treatment that appears to be covered by the plan, (iii) to have exhausted all
available utilization review complaint and appeals procedures and (iv) to have provided
all information necessary to begin review, an impartial appeals panel comprised of one
representative from a licensee operating a managed care health insurance plan not involved
in the complaint, one health care practitioner (selected by the individual who submitted
the appeal from a list of three practitioners compiled by the Board of Medicine and
selected by the State Corporation Commission) and the Commissioner of Insurance or his
designee. Each individual seeking such review will pay a filing fee of $50, which is
returned if the covered person prevails as a result of the review. Insurers writing
accident and sickness insurance in Virginia will pay an assessment not to exceed 0.01
percent of the direct gross premium income during the preceding year to fund such appeals.
The State Corporation Commission will also promulgate regulations implementing the
provisions of this bill, including establishing provisions for expedited consideration of
appeals involving emergency health care. Any managed care health insurance plan that does
not comply within 10 working days after receipt of notification of a decision by the
External Appeals Panel shall be subject to, in addition to other penalties currently in
Title 38.2, an additional penalty of $500 per day noncompliance with the decision of the
External Appeals Panel. Managed care health insurance plans are required to include
information about the External Appeals Panel in their complaint procedures, as well as to
provide information about this process anytime an adverse utilization review decision is
communicated to a covered person. The bill's provisions become effective on July 1, 1999;
however, the appeals process set forth in the bill does not take effect until the earlier
of (i) 90 days following the promulgation of regulations by the State Corporation
Commission or (ii) July 1, 2000.
HB 2389 - No
action taken by Health, Welfare and Institutions
Patron: Robert H. Brink
Alzheimer's Association position: SUPPORT
Summary:
Health care; Office of the State Managed Care Consumer Advocate. Creates the Office of the
State Managed Care Consumer Advocate. Such Office will be established by the Virginia
State Corporation Commission's Commissioner of Insurance via contract with a nonprofit
entity. The Office will assist health insurance consumers with (i) health plan selection
(ii) individual health care coverage complaints, and (iii) other information and advocacy
concerning managed health care plans. The Office will be funded through an annual
assessment of up to 0.01 percent of the net direct premiums of Virginia-licensed health
insurers, health service plans, and health maintenance organizations. The Office will
submit an annual report of its activities to the Governor and the General Assembly.
Additionally, the Office will make an annual report to the Virginia Joint Commission on
Health Care concerning (i) the implementation of this managed care consumer advocacy
program and (ii) the Office's coordination of its activities with other health care and
information programs within Virginia.
HB 2395 - Passed House (99-Y 0-N 1-A)
with Committee Substitute and floor amendment; Referred to
Senate Committee on Commerce and Labor; Left in Commerce and Labor; Incorporated in other
legislation (HB871-Griffith)
Patron: William K. Barlow
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Prohibited incentives. Prohibits health insurance, health services plans, and health
maintenance organization contracts from containing provisions which include an incentive
or specific payment made directly, in any form, to a health care provider as an inducement
to deny services that the provider or group knows to be medically necessary and
appropriate that are provided with respect to a specific enrollee or group of enrollees
with similar medical conditions. This bill does not prohibit the use of capitation as a
method of payment, nor does it prohibit the inclusion of incentives or payments that
reward providers or provider groups for providing services in a cost effective manner or
that promote the quality initiative established under a managed care health insurance
plan.
HB
2404 - Passed House (88-Y 10-N 1-A) with Committee
Substitute and floor amendments; Referred to Senate Committee on Commerce and Labor;
Left in Commerce and Labor; Incorporated in other legislation (HB871-Griffith)
Patron: Gladys B. Keating
Alzheimer's Association position: No Position on House
Substitute with Amendements (Supported HB 2404 as introduced)
Summary as Passed House:
Accident and sickness insurance; coverage for clinical trials for life-threatening
diseases. Requires health insurers, health maintenance organizations and corporations
providing accident and sickness subscription contracts to provide coverage for patient
costs associated with clinical trials for treatment studies on cancer, including ovarian
cancer. Patient costs covered include the costs of medically necessary health care
services required in conjunction with the clinical trials. Costs not covered include the
costs of research management or the cost of an investigational drug or device. The
clinical trials must be approved by the National Cancer Institute, the Department of
Veteran's Affairs, the Food and Drug Administration or the other specified organizations.
Phases II, III and IV cancer trials would be covered. Coverage of Phase I trials would be
on a case-by-case basis. The bill's provisions are applicable to policies, plans and
contracts delivered, issued for delivery or renewed on and after July 1, 1999. They are
not applicable to short-term travel, accident-only, limited or specified disease policies,
or to short-term nonrenewable policies of not more than six months' duration.
HB
2419 - Reported from General Laws (26-Y 0-N); Referred to Committee on Appropriations;
Passed by indefinitely in Appropriations (30-Y 0-N)
Patron: George W. Grayson
Alzheimer's Association position:
Summary:
Department of Personnel and Training (DPT); personnel policies of the Commonwealth; Family
and Medical Leave Act (FMLA). Requires DPT's personnel policies to permit a state employee
to substitute up to 50 percent of his accrued paid sick leave for leave taken pursuant to
the FMLA. Current law, enacted in 1997, permits substitution of 33 percent of such leave.
The FMLA permits eligible employees to take up to 12 work weeks of unpaid leave in a
12-month period for the birth of a child or the placement of a child for adoption or
foster care, to care for an immediate family member (spouse, child, or parent) with a
serious health condition, or when the employee is unable to work because of a serious
health condition. Subject to conditions established by the employer, the FMLA also permits
employees to substitute paid leave for unpaid FMLA leave. Under the Commonwealth's new
sickness and disability program, which is optional for workers employed before January 1,
1999, and mandatory for new employees hired after that date, a participating employee will
receive eight to ten days of sick leave annually (depending on his length of service) in
lieu of earning five hours of sick leave per pay period under the current state benefits
system. Under this bill, the maximum amount of unpaid FMLA sick leave that an employee
receiving ten days of sick leave could substitute is five days. Without the bill, that
same employee could substitute only 3.3 days. Employees who do not participate in the new
program would be able to substitute 50 percent of their accrued paid sick leave balances
earned under the current state benefits system.
HB 2449 - No action taken by Health, Welfare
and Institutions
Patron: John A. Rollison III
Alzheimer's Association position:
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 sixty 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, 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. There is a technical amendment.
HB 2452 - Passed House (100-Y 0-N); Passed Senate
(40-Y 0-N); Vetoed by Governor Gilmore; Motion to override Governor's veto rejected by
House (53-Y 47-N); House sustained Governor's veto
Patron: Donald L. Williams
Alzheimer's Association position: SUPPORT
Summary:
Patient's health records. Provides that any limitation on the patient's ability to obtain
his own record by reason of his treating physician placing a written statement in his
record must be based on the physician's opinion that the furnishing to or review by the
patient of such records would cause actual harm to the patient's physical or mental health
or cause the patient to be an imminent danger to himself or others.
HB 2456 - Passed House (99-Y 0-N
1-A) with Committee Substitute and floor amendment; Referred to Senate
Committee on Commerce and Labor; Left in Commerce and Labor; Incorporated in other
legislation (HB871-Griffith)
Patron: Donald L. Williams
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Health care provider panels, preauthorization. Provides that any health insurers, nonstock
corporations providing health services plans, and health maintenance organizations (HMOs)
requiring preauthorization before providing medical treatment must have someone available
to give authorization at all times when such preauthorization is required. The bill
provisions are also applicable to the state health care plan.
HB 2457 - Passed
House (99-Y 0-N 1-A) with amendments;
Referred to Senate Committee on Commerce and Labor; Left in Commerce and Labor;
Incorporated in other legislation (HB871-Griffith)
Patron: Donald L. Williams
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Health care provider panels; notice of benefit restrictions. Requires carriers to furnish
group policyholders written notice of any new benefit restrictions at least 60 days before
such restrictions become effective. Group policyholders, in turn, are required by the bill
to give corresponding notice to affected enrollees at least 30 days before such
restrictions become effective.
HB 2492 - Passed by indefinitely
in Health, Welfare and Institutions (22-Y 0-N)
Patron: R. Creigh Deeds
Alzheimer's Association position: SUPPORT
Summary:
Prescription drugs for Medicare beneficiaries. Authorizes participating licensed
pharmacies under agreements with the Board of Pharmacy to issue prescriptions to Medicare
beneficiaries at a reduced price. The bill permits such pharmacies to purchase drugs under
the same conditions as local health departments and dispense drugs to Medicare
beneficiaries pursuant to Board of Pharmacy regulations. The bill also permits hospice
programs to enter into agreements with participating licensed pharmacies to procure for
and deliver discounted prescription drugs to Medicare beneficiaries.
HB 2495 - Passed by indefinitely
in Courts of Justice (12-Y 12-N)
Patron: A. Donald McEachin
Alzheimer's Association position: SUPPORT
Summary:
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 medical malpractice review panel or the utilization review process.
HB 2498 - Stricken from docket by Rules (15-Y 0-N)
Patron: Robert H. Brink
Alzheimer's Association position:
Summary:
Council on Aging; membership. Increases the number of members appointed by the House of
Delegates and Senate from four to six each.
HB 2540 - Passed by indefinitely in Health,
Welfare and Institutions (12-Y 10-N)
Patron: Robert G. Marshall
Alzheimer's Association position: OPPOSE
Summary:
Health care decisions; study. Revises various provisions relating to health care decision
makers to prohibit the withdrawing or withholding of artificially administered nutrition
and hydration if such removal or withholding would be the direct cause of death; prohibits
judicial decisions to withdraw or withhold artificially administered nutrition and
hydration for incompetent persons for whom there is no legally authorized person available
to give consent; and defines "minimally conscious state." The bill provides that
"terminal condition" does not include a "minimally conscious state";
no physician is authorized to withhold or withdraw a particular treatment on the
authorization of a guardian or committee for the patient if any members of any prioritized
class objects; any person in any priority class may obtain, upon request, the medical
records of the patient for whom treatment is proposed to be provided, withheld or
withdrawn; in any case where a petition is filed to prevent the removal of artificially
administered nutrition and hydration for a patient who may be in a persistent vegetative
state or a minimally conscious state, the petitioner may call experts to testify to the
condition of the patient; and no judge can assess attorney's fees against any person who
is a member of any priority class, regardless of order of priority, who has filed a
petition for a finding that the action being contemplated is not lawfully authorized by
law upon denying such petition for an injunction. Under this bill, the Secretary of Health
and Human Resources must appoint and convene a task force to study the operation of the
Health Care Decisions Act. The task force will consist of physicians, medical experts
having experience with the management of coma patients and patients in persistent
vegetative state, nurses, clergymen, family members, and other relevant parties. The task
force will be charged with collecting data on the number of persons diagnosed as in a
persistent vegetative state in Virginia; collecting data on the circumstances and ability
to make an informed consent of the various patients having advance directives in
Virginia's institutions; developing, with the assistance of any other experts, guidelines
for identification of a diagnosis as being in a persistent vegetative state, including
criteria relating to attempts to communicate, whether traditional or unique; developing,
with the assistance of any other experts, guidelines for defining and identifying a
diagnosis of being in a minimally conscious state, including criteria relating to attempts
to communicate, whether traditional or unique; developing procedures to ensure that
decisions to withdraw or withhold artificially administered nutrition and hydration are
made in the best interests of the patient and will not be the direct cause of death;
assessing the issues relating to decision makers under this act and other laws of the
Commonwealth relating to persons incapable of making informed consent, including the
provisions in this article concerning the appointment of agents and whether the guardian
of an estate should also serve as the guardian of the person; examining and recommending
rehabilitation and prevention guidelines and protocols for utilization of alternative
therapies; and studying such other matters as the Secretary shall determine to be
necessary to protect vulnerable patients. The task force will report annually to the
Governor and the General Assembly on the issues before it.
HB 2541 - Failed to report (defeated) in Health,
Welfare and Institutions (10-Y 12-N)
Patron: Robert G. Marshall
Alzheimer's Association position: OPPOSE
Summary:
Health Care Decisions Act. Deletes the authority to discontinue artificially administered
nutrition and hydration as part of the health care decisions process, i.e., in an advance
directive or by an agent named in an advance directive or by a person authorized to make a
health care decision for a person incapable of informed consent in the absence of an
advance directive. This provision adds a new section setting forth the "LOVING
WILL," a document expressing an individual's intent for his body to be maintained
regardless of prognosis and for artificially administered nutrition and hydration to be
continued indefinitely.
HB 2542 - Passed by indefinitely in
Health, Welfare and Institutions (21-Y 0-N)
Patron: Robert G. Marshall
Alzheimer's Association position: SUPPORT
Summary:
Sale or conversion of nonprofit hospitals. Requires that all acquisitions of nonprofit
hospitals which are located in a county having a land area of 337 square miles with a
population of more than 209,274 and less than 217,881 be approved by the Attorney General.
The Department of Health is required to hold a public hearing and report to the Attorney
General on the effect the acquisition will have on the community's continued access to
health care, including indigent care. The entity acquiring the nonprofit hospital must
disclose financial details about the transaction to the Attorney General. The Attorney
General shall approve the application if appropriate steps are taken to safeguard the
value of the charitable assets and the underlying details of the transaction reveal no
conflict of interest. Failure to obtain approval prior to acquiring such a nonprofit
hospital will prevent the issuance or renewal of an operating license.
HB 2565 - Passed House (99-Y 0-N 1-A) with Committee Substitute; Referred to Senate Committee on
Commerce and Labor; Left in Commerce and Labor; Incorporated in other legislation (HB871-Griffith)
Patron: Robert D. Orrock, Sr.
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Access to specialists. Requires each (i) insurer proposing to issue individual or group
accident and sickness insurance policies providing hospital, medical and surgical or major
medical coverage on an expense incurred basis, (ii) corporation providing individual or
group accident and sickness subscription contracts, and (iii) health maintenance
organization providing a health care plan for health care services to provide access to
specialists for those individuals with ongoing special conditions. Once such covered
individual is referred to the specialist, the specialist may begin treating the individual
in the same manner as the individual's primary care provider would otherwise be permitted,
including the ability to authorize tests, procedures, referrals, and other medical
services. Each insurer, corporation or health maintenance organization is required to
develop procedures whereby a covered individual with an ongoing special condition may
receive a standing referral to a specialist. Insurers, corporations, and health
maintenance organizations may require a specialist to provide written notification to the
individual's primary care physician, including a description of the services rendered.
HB 2578 - Passed House (99-Y 0-N) with Committee
Substitute; Referred to Senate Committee on Commerce and Labor; Left in Commerce and
Labor; Incorporated in other legislation (HB871-Griffith)
Patron: Viola D. Baskerville
Alzheimer's Association position:
Summary as Passed House:
Prescription drug formularies. Requires any prescription drug formulary applied by any (i)
insurer proposing to issue individual or group accident and sickness insurance policies
providing hospital, medical and surgical or major medical coverage on an expense incurred
basis; (ii) corporation providing individual or group accident and sickness subscription
contracts; and (iii) health maintenance organization providing a health care plan for
health care services to be developed only after consultation and approval by a pharmacy
and therapeutics committee. This pharmacy and therapeutics committee will have a majority
of its members who are physicians and must also include at least one licensed pharmacist.
Additionally, each insurer, corporation, or health maintenance organization maintaining a
prescription drug formulary must allow an enrollee to obtain, without additional
cost-sharing beyond that provided for formulary prescription drugs within the covered
benefits, a specific medically necessary nonformulary prescription drug if, after
reasonable investigation and consultation with the prescribing physician, the formulary
drug is determined to be an inappropriate therapy for the medical condition of the
enrollee. The insurer, corporation, or health maintenance organization must act on such
requests within 40 hours of receipt of the request.
HB 2593 - No action taken by Health, Welfare and
Institutions
Patron: Harry R. Purkey
Alzheimer's Association position:
Summary:
Certain hospital conversions. Charges, in accordance with the doctrine of Parens Patria,
the Attorney General with the oversight of any conversion of a not-for-profit hospital to
a for-profit hospital, regardless of how such conversion is accomplished; the oversight of
any ensuing charitable assets and surplus revenues; and assuring that the assets of the
nonprofit hospital are protected and inured to the community benefit. This bill requires
notice to the Attorney General at least six months prior to the execution of a contract
for sale or the filing of the articles of incorporation as a for-profit corporation; an
outside, independent expert's appraisal of the assets, fair market value and charitable
assets of the not-for-profit hospital and amount of any offers for purchase; and a
community impact statement. A review process for approval or disapproval of hospital
conversion transactions will be established which must require public disclosure of the
negotiations and terms of the transactions as follows: (i) at least one year prior to any
such conversion, the public shall be notified of the contemplated purchase or
restructuring, in accordance with the Attorney General's procedures, in a newspaper of
general distribution and through radio and television announcements in the jurisdiction in
which the hospital is located; (ii) within one month of disclosure of the contract for
purchase or the filing of the articles of incorporation, and bimonthly thereafter until
the conversion is approved or disapproved by the Attorney General or withdrawn by the
relevant hospital board, public meetings and/or hearings shall be conducted by the
Attorney General's Office, in accordance with the Attorney General's procedures; (iii) the
community impact statement shall be published in a newspaper of general distribution in
the jurisdiction in which the hospital is located; and (iv) all documents submitted to the
Attorney General, regarding any such conversion, shall be available for inspection by the
public at reasonable times and places in the jurisdiction. The Attorney General's process
for approval or disapproval of hospital conversions must include (i) assessment of the
independent expert's evaluation of assets and whether the seller is receiving fair market
value for the assets; (ii) criteria to review the valuation and bidding process,
transaction terms, documents, the process for the determination of fair market value, the
names and activities of the parties to the transaction, management contracts, and all
other collateral agreements relevant to the conversion; (iii) conditions to ensure the
avoidance of conflicts of interest on the part of hospital board members and
administrators; (iv) stipulations to ensure that the transaction terms are fair and in the
community interest; (v) conditions and restrictions on the terms of such conversions which
relate to the circumstances of the particular hospital and community; (vi) review of the
seller's decisions and actions to ensure that such seller is acting with due diligence and
without conflicts of interest and that the use of outside experts was appropriate; (vii)
conflict of interest provisions which shall apply to all board members, hospital
executives and staff and be designed to avoid conflicts of interest on the part of such
hospital board members, hospital executives, and staff; (viii) accounting procedures to
ensure that all charitable contributions, federal Hill-Burton moneys, and tax-free
revenues are identified; (ix) safeguards to ensure continued assess to care for uninsured
and underinsured populations within the jurisdiction, as well as those services
traditionally provided to the public by the hospital, such as, but not limited to,
emergency services; and (x) criteria to determine the appropriateness of any board or
foundation established to oversee the use of any trust or endowment fund set up as a
condition of such conversion. In developing and conducting the reviews of hospital
conversions, the Attorney General may request, and shall receive upon request, full
cooperation from the Commonwealth's agencies. The Attorney General will also determine and
establish remedies and penalties for violations of this section to be included in his
review and approval/disapproval procedures.
HB
2594 - Passed House (98-Y 0-N 1-A) with Floor
Substitute and Amendment; Referred to Senate Committee on Commerce and Labor; Left in
Commerce and Labor; Incorporated in other legislation (HB871-Griffith)
Patron: Harry R. Purkey
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Review of adverse utilization review decisions; review of claims appeal by an independent
external panel. Establishes, within the State Corporation Commission's Bureau of
Insurance, a process of independent external review for individuals denied a course of
treatment by their managed care health insurance plan. If the person seeking review is
determined by the Bureau of Insurance to (i) have coverage by the health plan, (ii) be
seeking a treatment that appears to be covered by the plan, (iii) have exhausted all
available utilization review complaint and appeals procedures and (iv) have provided all
information necessary to begin review, an impartial health entity shall review the final
adverse decision to determine whether the decision is objective clinically valid,
compatible with established principles of health care, and contractually appropriate. Each
individual seeking such review will pay a filing fee of $50, which is nonrefundable.
Insurers writing accident and sickness insurance in Virginia will pay an assessment not to
exceed 0.015 percent of the direct gross premium income during the preceding year to fund
such appeals process. The impartial health entity will issue a written recommendation
within sixty days of the acceptance of the appeal by the Bureau of Insurance, and the
State Corporation Commission will issue a binding order carrying out the recommendation of
the impartial health entity. These appeals provisions become effective either (i) 90 days
following the promulgation of regulations by the State Corporation Commission or (ii) July
1, 2000.
The bill also establishes an Office of Managed Care Ombudsman within the Bureau of
Insurance. The Managed Care Ombudsman is charged with promoting and protecting the
interests of covered persons under managed care health insurance plans in Virginia. The
duties of the Managed Care Ombudsman include assisting persons in understanding their
rights and processes available to them under their managed care plan, developing
information on the types of managed health insurance plans available in Virginia, and
monitoring and providing information to the General Assembly on managed care issues.
HB 2613 - Passed House (99-Y
0-N) with amendments; Referred to Senate Committee on Commerce and Labor;
Left in Commerce and Labor; Incorporated in other legislation (HB871-Griffith)
Patron: Brian J. Moran
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Health care provider panels; continuity of care. Requires health insurance plans and
health maintenance organizations to provide 90 days notice to enrollees prior to
terminating providers, and to allow enrollees to continue using a terminated provider for
90 days. The bill also allows pregnant women to continue receiving treatment from a
terminated provider through delivery, and the terminally ill to continue receiving
treatment from such a provider until death.
HB 2614 - Stricken from docket by Corporations,
Insurance & Banking (26-Y 0-N)
Patron: Viola D. Baskerville
Alzheimer's Association position: SUPPORT
Summary:
Prescription drug formularies. Requires any prescription drug formulary applied by any (i)
insurer proposing to issue individual or group accident and sickness insurance policies
providing hospital, medical and surgical or major medical coverage on an expense incurred
basis; (ii) corporation providing individual or group accident and sickness subscription
contracts; and (iii) health maintenance organization providing a health care plan for
health care services to be developed only after consultation and approval by a pharmacy
and therapeutics committee made up of a majority of members who are licensed physicians.
The bill also requires each insurer, corporation, or health maintenance organization to
establish an expeditious process or procedure that allows covered individuals to obtain
appropriate nonformulary drugs without prior approval.
HB 2619 - Incorporated in other legislation (HB2578-Baskerville)
Patron: S. Chris Jones
Alzheimer's Association position:
Summary:
Prescription drug formularies. Requires any prescription drug formulary applied by any (i)
insurer proposing to issue individual or group accident and sickness insurance policies
providing hospital, medical and surgical or major medical coverage on an expense incurred
basis; (ii) corporation providing individual or group accident and sickness subscription
contracts; and (iii) health maintenance organization providing a health care plan for
health care services to be developed only after consultation and approval by a pharmacy
and therapeutics committee made up of a majority of members who are licensed physicians.
The bill also requires each insurer, corporation, or health maintenance organization to
establish an expeditious process or procedure that allows covered individuals to obtain
appropriate nonformulary drugs without prior approval. The covered individual would be
responsible for the payment of any costs of the nonformulary prescription drug which
exceeds the cost the insurer, corporation, or health maintenance organization would pay
for the prescription drug on the formulary which is intended to address the medical
condition of the enrollee for which the nonformulary drug is prescribed.
HB 2620 - Stricken from docket by Health, Welfare and
Institutions (22-Y 0-N)
Patron: S. Chris Jones
Alzheimer's Association position:
Summary:
Patient health records. Clarifies that permitted disclosures of patient records include
disclosures by providers made pursuant to mandatory reporting requirements. Providers may
also disclose records (i) to third-party payors and their agents whenever the patient or a
person acting on a patient's behalf has so requested for payment under a contract or
insurance policy, (ii) pursuant to a medical temporary detention order, (iii) to both
custodial and noncustodial parents of a minor as permitted by law, and (iv) by exchange
when a person committed to jail is transferred to another facility. The bill also permits
providers to charge a reasonable fee for requests for copies of medical records. There are
technical amendments.
HB 2645
- Passed House (100-Y 0-N) with Committee
Substitute and Floor Amendment; Referred to Senate Committee on Commerce and Labor;
Left in Commerce and Labor; Incorporated in other legislation (HB871-Griffith)
Patron: Dwight Clinton Jones
Alzheimer's Association position: SUPPORT
Summary as Passed House:
Accident and sickness insurance; access to specialists; standing referrals. Requires each
(i) insurer proposing to issue individual or group accident and sickness insurance
policies providing hospital, medical and surgical or major medical coverage on an
expense-incurred basis, (ii) corporation providing individual or group accident and
sickness subscription contracts, and (iii) health maintenance organization providing a
health care plan for health care services to provide access to specialists for those
individuals with ongoing special conditions. Each insurer, corporation or health
maintenance organization is required to develop procedures whereby a covered individual
with an ongoing special condition may receive a standing referral to a specialist.
Insurers, corporations, and health maintenance organizations may require a specialist to
provide written notification to the individual's primary care physician, including a
description of the services rendered.
HB 2690 - Reported from Corporations,
Insurance & Banking with substitute (24-Y 1-N); Referred to Committee on
Appropriations; Failed to report (defeated) in Appropriations (14-Y 15-N)
Patron: Johnny S. Joannou
Alzheimer's Association position: SUPPORT
Summary:
Health insurance; assignment of benefits. Prohibits health care coverage plan providers
from refusing to accept assignments of benefits executed by covered individuals in favor
of health care providers and hospitals. The bill is applicable to (i) insurers issuing
individual or group accident and sickness insurance policies providing hospital, medical
and surgical or major medical coverage on an expense incurred basis, (ii) corporations
providing individual or group accident and sickness subscription contracts, (iii) health
maintenance organizations providing health care plans for health care services, and (iv)
dental services plan offering or administering prepaid dental services. An
"assignment of benefits" is the transfer of health care coverage reimbursement
benefits or other rights under an insurance policy, subscription contract or health care
plan by an insured, subscriber or plan enrollee to a health care provider or hospital.
HB
2707 - Failed to report (defeated) in Corporations, Insurance & Banking with
substitute (12-Y 13-N)
Patron: Kathy J. Byron
Alzheimer's Association position:
Summary:
Special Advisory Commission on Managed Care Health Insurance Plans; Office of Managed Care
Ombudsman. Establishes the Special Advisory Commission on Managed Care Health Insurance
Plans, comprised of 14 members and two ex officio members. The Special Advisory Commission
is charged with (i) developing and maintaining, with the Bureau of Insurance, a system and
program of data collection to assess the impact, including costs to employers and
insurers, impact of treatment, cost savings in the health care system, number of providers
and other data on managed care health insurance plans as may be appropriate, and (ii)
advising and assisting the Bureau of Insurance and the Department of Health on matters
relating to managed care health insurance plan benefits and provider regulations. The bill
also creates, within the office of the Attorney General's Division of Consumer Counsel, an
Office of Managed Care Ombudsman. The ombudsman will promote and protect the interests of
covered persons under managed care health insurance plans in the Commonwealth, and
coordinate with the Special Advisory Commission on Managed Care Health Insurance Plans in
studies relating to the enforcement and improvement of managed care health insurance plans
and provider regulations.
HB 2732 - Engrossment
refused by House (48-Y 51-N 1-A)
Patron: John H. Tate, Jr.
Alzheimer's Association position: SUPPORT
Summary:
Accident and sickness insurance; access to specialists. Requires each (i) insurer
proposing to issue individual or group accident and sickness insurance policies providing
hospital, medical and surgical or major medical coverage on an expense-incurred basis,
(ii) corporation providing individual or group accident and sickness subscription
contracts, and (iii) health maintenance organization providing a health care plan for
health care services to allow covered individuals to designate a specialist as their
primary care doctor.
HB 2742 - Incorporated in other
legislation (HB2193-Tate)
Patron: Franklin P. Hall
Alzheimer's Association position: SUPPORT
Summary:
Income tax; tax credit for caregivers. Provides a $500 tax credit to taxpayers with
Virginia adjusted gross incomes between $5,000 and $50,000 who provide unreimbursed care
to a physically or mentally impaired relative who required assistance with two or more
activities of daily living during more than half the year. The credit will be available
for taxable years beginning on and after January 1, 2000, and only one credit shall be
allowed annually for each impaired individual receiving care.
HJ 547 - Passed by in
Rules (15-Y 0-N); Letter to Joint Commission on Health Care
Patron: Lionell Spruill, Sr.
Alzheimer's Association position: SUPPORT
Summary:
Nursing home and adult care residence staffing guidelines. Directs the Joint Commission on
Health Care to review staffing guidelines for nursing homes and facilities and adult care
residences to determine whether staffing requirements currently in effect in the
Commonwealth adequately protect the health, safety and welfare of nursing home and
facility and adult care residence residents. Such review shall also include the adequacy
of the enforcement of such staffing guidelines, and a recommendation for enhanced staffing
guidelines based on objective data resulting from the study.
HJ 677 - No action taken by Rules
Patron: Gladys B. Keating
Alzheimer's Association position: SUPPORT
Summary:
Resolution; physician-assisted living. Expresses the sense of the General Assembly that
physicians and other health care professionals should be taught to implement and should
adopt the philosophy of physician-assisted living for terminally ill patients. The General
Assembly also expresses its belief that protocols for physician-assisted living require
that terminally ill patients be provided access to effective palliative care and sensitive
concern for their emotional and spiritual needs. Physician-assisted living is a system of
care involving a multidisciplinary team of professionals to provide physical and mental
care, including pain medication and complementary care (massage, whirlpools, heat,
acupuncture, biofeedback, etc.) as well as psychological and spiritual assistance.
HJ 681
- Incorporated in other legislation (HJ552-Hamilton)
Patron: Robert H. Brink
Alzheimer's Association position: SUPPORT
Summary:
Memorializing Congress; ERISA regulation of employer-based health plans. Memorializes
Congress to consider amending ERISA to grant authority to all individual states to monitor
and regulate self-funded employer-based health plans in order to provide greater consumer
protection and effect health care reforms.
HJ 696 - No action taken
by Finance
Patron: Harvey B. Morgan
Alzheimer's Association position: SUPPORT
Summary:
Study resolution; long term care insurance tax credit. Requests the Department of Taxation
to study the possibility of the Commonwealth providing an income tax credit to individuals
who purchase long term care health insurance. The Department will report its findings to
the 2000 General Assembly.
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Last updated: April 16, 1999
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