2000 Virginia Senate Legislation

Updates were available each Monday morning throughout the 2000 General Assembly Session which ended March 10.

Pending Legislation

SB734

Enacted Legislation

SB337
SB401
SB488
SB489
SB518
SB519
SB533
SB564
SB565
SB577
SB677
SJ163
SJ178

Terminated Legislation

SB449
SB465
SB469
SB470
SB491
SB496
SB503
SB539
SB540
SB604
SB702
SB723
SB760
SJ158

Pending Legislation

SB734 - passed Senate (39-Y 0-N); passed House (77-Y 14-N) with Committee amendment; House amendment agreed to by Senate (39-Y 0-N); Governor's recommendation received by Senate
Patron: John S. Edwards
Alzheimer's Association position:
Summary:
Health Care Decisions Act. Defines the health care decisions that an "agent" may make for a declarant under an advance directive to include visitation directives.

Enacted Legislation

SB337 - passed Senate (27-Y 12-N) with floor substitute and amendments; Passed House (93-Y 4-N 1-A) with Committee substitute; House substitute agreed to by Senate (38-Y 1-N); approved by GovernorPatron: Stephen H. Martin
Alzheimer's Association position:
Summary:
Regulation of health care facilities. Removes all facilities, except for certain long-term care facilities, from the requirement to obtain a certificate of public need prior to building or expanding such facilities. In addition, this provision requires "other health care facilities" to participate in the Indigent Health Care Trust Fund. "Other health care facilities" will include facilities that are presently required to obtain a certificate of public need prior to building, expanding or adding new services or purchasing major medical equipment, i.e., any sanitarium, mental hospital, mental retardation facility, psychiatric hospital, or specialized center or clinic, or that portion of a physician's office developed for the provision of outpatient or ambulatory surgery, cardiac catheterization, computed tomographic (CT) scanning, gamma knife surgery, lithotripsy, magnetic source imaging (MSI), medical rehabilitation, nuclear medicine imaging, positron emission tomographic (PET) scanning or radiation therapy. "Other health care facility" will not include any facility of the Department of Mental Health, Mental Retardation and Substance Abuse Services. The Boards of Health and Medical Assistance Services are required, in a second enactment clause, to promulgate emergency regulations to implement this act.

SB401 - passed Senate (39-Y 0-N); passed House (Block Vote) (99-Y 0-N); approved by GovernorPatron: Malfourd W. Trumbo
Alzheimer's Association position: SUPPORT
Summary:
Annual reports by guardians. Provides that the local department of social services must forward a copy of the report it receives from the guardian to the clerk of the circuit court within 60 days of receipt. Twice each year the local department must file with the clerk a list of guardians who are more than 90 days delinquent in filing the annual report.

SB488 - passed Senate (39-Y 0-N) with Committee amendment; passed House (Block Vote) (97-Y 0-N); approved by GovernorPatron: Benjamin J. Lambert III
Alzheimer's Association position: SUPPORT
Summary:
Health; nursing workforce information. Requires the Board of Nursing to collect certain information about the nursing workforce in the Commonwealth and make such nonidentifying information available to interested parties.

SB489 - passed Senate (37-Y 0-N) with Committee amendment; passed House (100-Y 0-N); approved by GovernorPatron: Benjamin J. Lambert III
Alzheimer's Association position: SUPPORT
Summary:
Health; health workforce recruitment and retention. Directs the State Health Commissioner to assume responsibility for programs of 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.

SB518 - passed Senate (38-Y 0-N) with Committee amendments; passed House (97-Y 0-N) with floor and Committee amendments; House amendments agreed to by Senate (40-Y 0-N); approved by GovernorPatron: J. Randy Forbes
Alzheimer's Association position: SUPPORT
Summary:
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 living with their relatives.

SB519 - passed Senate (38-Y 0-N); passed House (96-Y 0-N); approved by GovernorPatron: J. Randy Forbes
Alzheimer's Association position: SUPPORT
Summary:
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.

SB533 - passed Senate (37-Y 0-N) with Committee substitute; passed House (Block Vote) (99-Y 0-N); approved by GovernorPatron: John C. Watkins
Alzheimer's Association position:
Summary as passed Senate:
Health care data reporting. Requires health maintenance organizations (HMOs) to submit Health Employer Data and Information Set (HEDIS) information or other quality of care or performance information sets approved by the Board of Health to the Commissioner of Health. A nonprofit organization under contract with the Department of Health will be authorized to compile, store, analyze, and evaluate such data. The Commissioner may grant a waiver of the HEDIS or other information set if he determines that the HMO has met Board-approved exemption criteria. The Board will establish a tiered-fee structure based on the number of enrollees of the HMO to cover the costs of collecting, etc. of the data. The fees cannot exceed $3,000 for each HMO. This program is currently set to expire on July 1, 2003.

SB564 - Passed Senate (37-Y 0-N) with floor amendment; passed House (Block Vote) (99-Y 0-N); approved by GovernorPatron: Stephen H. Martin
Alzheimer's Association position: SUPPORT
Summary:
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.

SB565 - passed Senate (37-Y 0-N); passed House (Block Vote) (99-Y 0-N); approved by GovernorPatron: Stephen H. Martin
Alzheimer's Association position: SUPPORT
Summary:
Practitioner Self-Referral Act. Amends the Practitioner Self-Referral Act to make its provisions applicable to health care providers who refer patients for care in any adult care residence in which they have a financial interest. This bill is a recommendation of the Joint Commission on Health Care.

SB577 - passed Senate (37-Y 0-N) with Committee amendment; passed House (98-Y 0-N 1-A); approved by GovernorPatron: Edward L. Schrock
Alzheimer's Association position: SUPPORT
Summary:
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. This bill is a recommendation of the Joint Commission on Health Care.

SB677 - passed Senate (39-Y 0-N) with Committee substitute; passed House (Block Vote) (99-Y 0-N) with Committee amendments; House amendments agreed to by Senate (39-Y 0-N); approved by GovernorPatron: J. Randy Forbes
Alzheimer's Association position: OPPOSE (unnecessarily alters the existing advance directive statute)
--> Summary:
Health care decisions. Establishes a procedure for those instances in which the physician refuses to comply with an advance directive or a designated or authorized person's treatment decision and the failure to provide the desired treatment would be likely to result in the patient's death. Pending transfer of the patient to a physician willing to comply with the advance directive or treatment decision, the noncomplying physician is required to provide the desired treatment for a period of 14 days following the date on which written notice of the refusal is given to any next of kin or any person designated or authorized to consent on the patient's behalf, plus any additional period directed by court order. An agent appointed to make health care decisions or any other person authorized to consent to treatment for the patient may petition the circuit court or the district court or a magistrate for an extension of the 14-day period. Notice must be provided to the refusing physician simultaneously with filing the petition for the extension. The court or magistrate must schedule the hearing as soon as possible, but, in no case, more than 14 days after the date the extension petition was filed. All parties must be given the opportunity to present evidence and arguments. An extension must be granted upon a determination, based on the preponderance of the evidence, that there is a reasonable prospect that a physician willing to accept transfer of the patient and to comply with the patient's advance directive or the designated or authorized person's treatment decision can be found if the extension is granted. Brief extensions, each of which must not exceed five days, may be ordered to preserve the patient's life pending the scheduling and conducting of the hearing and the rendering of the decision on the petition for the extension. Definitions of "continue life-sustaining treatment pending completion of the patient's transfer" and "futile treatment" are provided. This provision will not require the provision of futile treatment or treatment that the physician is physically or legally unable to provide or is physically or legally unable to provide without thereby denying the same treatment to another patient.

SJ163 - agreed to by Senate by voice vote; Agreed to by House (98-Y 0-N)
Patron: J. Randy Forbes
Alzheimer's Association position: SUPPORT
Summary:
Memorializing Congress; long-term care. Urges Congress to protect senior assets from liquidation to meet the eligibility requirements for federal medical and long-term care benefits.

SJ178 - agreed to by Senate by voice vote with Committee amendment; Agreed to by House (Block Vote) (98-Y 0-N) with substitute
Patron: Edward L. Schrock
Alzheimer's Association position: SUPPORT
Summary:
Medicaid; low-income programs. Encourages Virginia's aging community, the faith community and other advocacy and health care professionals to include information in their publications and activities that would educate their members about Medicaid assistance programs for low-income Medicare beneficiaries. This is a recommendation of the Joint Commission on Health Care.

Terminated Legislation

SB449 - Continued to 2001 in Committee on Local Government (15-Y 0-N)
Patron: Patricia S. Ticer
Alzheimer's Association position: OPPOSE
Summary:
Zoning of certain group homes. Clarifies that the relevant jurisdictions are required to consider only nonprofit group homes or other nonprofit residential facilities in which no more than eight mentally ill, mentally retarded, developmentally disabled, otherwise disabled, aged or infirm persons reside, with one or more resident counselors or other staff persons, as residential occupancy, i.e., having the same restrictions, etc. as single family resident zoning. In other words, in the case of for-profit facilities operated as businesses, the designated jurisdictions may apply other zoning restrictions.

SB465 - Continued to 2001 in Committee on Local Government (15-Y 0-N)
Patron: Charles J. Colgan
Alzheimer's Association position:
Summary:
Zoning ordinance; low income and disabled or senior citizen dwelling units. Allows any locality to enact an ordinance requiring owners of new apartment projects with 25 units or more to set aside 10 percent or the units for persons of low income, persons aged 60 or older or disabled persons. Such ordinance shall provided that all building permit, impact and sewer and water connection fees, for such units are waived.

SB469 - Continued to 2001 in Senate Committee on Education and Health (15-Y 0-N)
Patron: Leslie L. Byrne
Alzheimer's Association position:
Summary:
Health; nursing homes. Requires the Board of Health to develop staffing ratios in nursing homes sufficient to meet the needs of the residents therein. The term "staffing ratios" means the quotient of the number of personnel in a particular category of direct care givers regularly on duty for a particular time period in a nursing home divided by the number of residents of the nursing home at that time. The Board shall also promulgate regulations to (i) define direct care givers, (ii) establish higher staffing ratios to respond to particular circumstances, including care of residents with lower acuity levels and who require rehabilitation, and (ii) require public disclosure of staffing ratios.

SB470 - Continued to 2001 in Committee on Finance (16-Y 0-N)
Patron: W. Roscoe Reynolds
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.

SB491 - Continued to 2001 in Committee on Education and Health (14-Y 0-N)
Patron: Benjamin J. Lambert III
Alzheimer's Association position:
Summary:
Adult care residences; licensing. Transfers licensing responsibility from the Department of Social Services to the Department of Mental Health, Mental Retardation and Substance Abuse Services for adult care residences that admit fifty-one percent or more consumers. Consumer means a current or former direct recipient of public or private mental health, mental retardation or substance abuse treatment or habilitation services. The bill directs the State Board of Mental Health, Mental Retardation and Substance Abuse Services to promulgate emergency regulations to implement these provisions.

SB496 - Tabled in Rehabilitation & Social Services (13-Y 0-N)
Patron: John S. Edwards
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 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.

SB503 - Reported from Committee on Education and Health (15-Y 0-N); Rereferred to and left in Finance
Patron: W. Roscoe Reynolds
Alzheimer's Association position:
Summary:
Medical assistance services; medically needy. Requires the state plan for medical assistance services to include a provision for payment of medical assistance for aged and disabled individuals with incomes up to 100 percent of the federal poverty guideline as permitted by federal law.

SB539 - Continued to 2001 in Committee on Finance (15-Y 1-N)
Patron: Madison E. Marye
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.

SB540 - Reported from Senate Committee on Education and Health (13-Y 2-N); Rereferred to Finance; Continued to 2001 in Finance (16-Y 0-N)
Patron: Madison E. Marye
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.

SB604 - Passed Senate (26-Y 13-N) with floor amendment; passed by indefinately in House Committee on General Laws (13-Y 12-N)
Patron: Richard L. Saslaw
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.

SB702 - Stricken from docket by Senate Committee on Education and Health (15-Y 0-N)
Patron: Patricia S. Ticer
Alzheimer's Association position:
Summary:
Medical records. Ensures that the patient's consent is required for obtaining medical records in many situations; establishes that the medical records belong to the provider maintaining them and the patient; prohibits the charging of fees to the patient for his medical record; strikes the sentence rendering confidential communications with a practitioner and information otherwise acquired by the provider in the delivery of care a part of the patient's record; and modifies the list of persons who may receive the patient's records to place the patient first instead of twentieth. Technical renumbering is also included.

SB723 - Stricken from docket by Senate Committee on Education and Health (15-Y 0-N)
Patron: Emily Couric
Alzheimer's Association position: SUPPORT
Summary:
Health Insurance; review of prescription drug plans. Creates the Counsumer Advisory Council for the Review of Prescription Drug Plans to develop a ratings system for health benefit plans providing coverage for prescription drugs. The rating system will be developed no later than July 1, 2001, and carriers and employers must display the plan's rating on the first page of any materials communicating information about the plan.

SB760 - Passed Senate (24-Y 15-N) with Committee substitute; Continued to 2001 in House Courts of Justice (23-Y 0-N)
Patron: J. Randy Forbes
Alzheimer's Association position: OPPOSE (unnecessarily interferes with vital services to older Virginians)
Summary:
Legal services for the indigent. Provides that the same restrictions that exist in federal law regarding the use of federal funds for civil legal services to the indigent apply to state funds. These include restrictions on or prohibitions against: political redistricting litigation and lobbying, representation of drug dealers in drug-related evictions, legal assistance to prisoners, political lobbying, abortion-related litigation, representation of illegal aliens, challenges to welfare reform, attorney's fees, class action suits and representation of aliens not in the United States. The bill also requires disclosure of each case filed in court.

SJ158 - Agreed to by Senate by voice vote with Committee substitute; Passed by in House Committee on Rules (17-Y 0-N); Letter to the Governor
Patron: Edward L. Schrock
Alzheimer's Association position: SUPPORT
Summary:
Health; creates the Virginia Long-Term Care Foundation. Creates the Virginia Long-Term Care Foundation, similar to the Virginia Health Care Foundation, to provide financial and technical support, in the form of grants, donations, or other assistance to promote the development of innovative regional and local long-term care strategies and best practices. Membership of the foundation board consists of 14 persons representing the legislature and appointees of the Governor. The leadership of the various affected state agencies shall serve as ex officio members. A separate budget amendment has been prepared. This is a recommendation of the Joint Commission on Health Care.