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Health

P Passed

P HB1592

Medical assistance services; custom ocular prostheses. Requires the state plan for medical assistance services to include a provision for payment of medical assistance services for custom ocular prostheses.
Patron - Callahan

P HB1852

Certified nursing facility education initiative. Makes a technical amendment to the certified nursing facility education initiative passed by the 2000 General Assembly. The bill places a sunset of July 1, 2003, on the initiative, which was clearly the intention of last year's legislation, House Bill 714 (2000).
Patron - McQuigg

P HB1876

Family Access to Medical Insurance Security Plan (FAMIS). Provides an exemption for the Family Access to Medical Insurance Security Plan (FAMIS), upon approval by the federal Health Care Financing Administration, from any provision set forth in Title 38.2 that excludes, exempts or does not apply to the Virginia plan for medical assistance services established pursuant to Title XIX of the Social Security Act, 42 U. S. C. § 1396 et seq. (Medicaid).
Patron - Devolites

P HB1899

Health; sale of bedding. Provides an exemption from the requirements for sanitizing articles of bedding or upholstered furniture for self-storage facilities when the bedding or upholstered furniture pieces are sold pursuant to statute as a result of the owner of the contents stored in such self-storage facility being in default in the payment of rent.
Patron - Williams

P HB1903

Health; radon proficiency listings. Authorizes the Board of Health to make available to the public a list of persons who have been listed as proficient to offer screening, testing or mitigation for radon by the United States Environmental Protection Agency, the National Radon Measurement Proficiency Program of the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program or any other proficiency program acceptable to the Board. This bill revises and updates acceptable radon proficiency credentials. Current law only provides for proficiency listing by the Environmental Protection Agency (EPA). The EPA has, however, discontinued the National Radon Proficiency Program and has not designated a successor program.
Patron - Plum

P HB1982

Children's health insurance. Requires the Children's Medical Security Insurance Program and the Family Access to Medical Insurance Security Plan to include a provision for the request for the cooperation of the custodial parent with the state in securing child support payments. However, the granting of such cooperation shall not be a condition of eligibility. The bill has an expiration date of July 1, 2003.
Patron - Watts

P HB2015

Youth suicide prevention. Requires, with such funds as may be appropriated for this purpose, the Department of Health to assume lead responsibility in the Commonwealth for coordinating activities concerning youth suicide prevention. This responsibility includes coordination of the activities of the agencies of the Commonwealth pertaining to youth suicide prevention in order to develop a comprehensive youth suicide prevention plan addressing the promotion of health development, early identification, crisis intervention, and support to survivors. The bill requires the Department of Health to report annually to the Governor and General Assembly on the status of youth suicide prevention. The powers and duties of other state agencies vis-a-vis prevention of youth suicide are specifically noted not to be limited. This bill is a recommendation of the Commission on Youth and is identical to SB 1190.
Patron - Hamilton

P HB2060

Health; local health partnership authorities. Creates the authority for single or multijurisdictional health care partnership authorities where government and private entities may join forces to address the health care needs of the area and assist in providing such services in a coordinated manner so as to eliminate duplication and inefficiency. The bill provides the basic outline for a local authority with provisions for membership, a board of directors, meeting and voting requirements and an outline of powers and duties. The authority would have to be approved by each participating locality by ordinance, resolution or agreement only after a public hearing has been held. The bill also has provisions that (i) allow for the disclosure of medical records to the authority to allow for health care services to be provided, and (ii) protect volunteers from civil liability for acts or omissions when providing noninvasive and minimally invasive procedures limited to finger sticks and injections performed as part of health care services unless the acts or omissions were the result of gross negligence or willful misconduct. The State Department of Health must choose the multi-jurisdictional effort that has been operating a community health program under a grant from the Robert Woods Johnson and Kellogg Foundations in Planning District 8 to act as a pilot for this concept. The Joint Commission on Health Care is required to monitor and provide technical advice to the pilot project and to evaluate the program by November 15, 2002. This provision sunsets on July 1, 2003.
Patron - McQuigg

P HB2090

Health; tuberculosis control. Expands the current provisions for the control of tuberculosis to require each physician or person in charge of a medical facility or correctional facility to report active cases of tuberculosis to the local director of health and develop a plan of treatment. Currently, tuberculosis is designated as a reportable disease by the Board of Health and is reported to the Department of Health. The plan of treatment may be requested by the local health director and will be subject to the approval of the local health director. The Commissioner of Health is authorized to settle disagreements on the plan of treatment according to statewide standards. All persons in charge of an inpatient facility or a correctional institution or jail will be required to submit the treatment plan to the local health director and to encourage the patient to comply with the treatment plan. If the person does not comply, the person in charge of the facility or correctional institution or jail, may request additional actions of the Commissioner of Health under existing law, including isolation. Laboratories doing testing on samples must also report positive cases of active tuberculosis to the state.
Patron - Devolites

P HB2272

Health; verbal orders in hospitals. Requires the regulations of the Board of Health for the licensure of hospitals to allow those hospital employees, designated in the medical staff bylaws or hospital policies and procedures, to accept emergency telephone and other verbal orders for medication or treatment for hospital patients from physicians and other persons lawfully authorized by state law to give patient orders. The verbal orders would have to be signed within a reasonable time, not to exceed 72 hours, by the person giving the order, or, if that person is not available within the 72 -hour period, by another physician or person authorized to give orders.
Patron - Shuler

P HB2346

Health; emergency medical services. Requires the regulations of the Board of Health to include requirements such as appropriate training and education qualifications to allow emergency medical services personnel to carry and administer epinephrine or a medically accepted equivalent. Epinephrine is used as emergency treatment for individuals experiencing anaphylatic shock, for example, severe allergic reactions resulting from bee stings.
Patron - Almand

P HB2388

Nursing homes; barrier crimes. Expands the list of crimes that bar a person from employment in a licensed nursing home by adding such crimes as malicious wounding by mob, car jacking, extortion by threat, felony stalking, drive by shooting, use of a machine gun in a crime of violence, aggressive use of a machine gun, use of a sawed-off shotgun in a crime of violence, electronic facilitation of pornography, delivery of drugs to prisoners, escape from jail, felonies by prisoners and the equivalent offenses in another state. The expanded list is similar to the barrier crimes provided in present law for child-care facilities and mental health facilities.
Patron - Clement

P HB2463

Human cloning. Prohibits the cloning of humans, i.e., the creation of or attempt to create a human being by transferring the nucleus from a human cell from whatever source into an oocyte from which the nucleus has been removed. Cloning of animals is accomplished by withdrawing or otherwise rendering inert the chromosomes (the linear threads containing the genes) from a somatic cell (a mature, diploid cell having a complete set of chromosomes) and inserting the genetic material of the individual to be reproduced into an oocyte (an ovum or egg). The altered cell is then implanted into a uterus. This bill defines several scientific terms, e.g., cloning, human cloning, nucleus, oocyte, somatic cell, and somatic cell nuclear transfer. The following acts are prohibited: the performance of human cloning; the implantation or attempted implantation of the product of somatic cell nuclear transfer into an uterine environment so as to initiate a pregnancy; the possession of the product of human cloning; and the shipping or receiving of the product of a somatic cell nuclear transfer in commerce for the purpose of implantation of such product into an uterine environment so as to initiate a pregnancy. In addition to any other applicable penalty, any person violating this law will be liable for a civil penalty not to exceed $50,000 per incident. The use of somatic cell nuclear transfer or other cloning technologies for biomedical and agricultural research, of gene therapy, and of somatic cell nuclear transfer techniques to create animals other than humans are not restricted. This bill is identical to SB 1305.
Patron - McDonnell

P HB2694

Resource code and referral information on pharmaceutical companies' free drug programs. Directs the Health Commissioner to establish, maintain and publicize a toll-free number to provide resource and referral information on pharmaceutical companies' free drug programs for persons who demonstrate financial hardship; in other words, the pharmaceutical companies' compassionate programs will be publicized. Such information must include, but not be limited to, available drugs, participating pharmaceutical companies, application procedures for each of the pharmaceutical companies and dispensing methods. The Commissioner may contract with one or more public or private organizations to administer this resource and referral program. A second enactment provides that this act will not become effective unless an appropriation effectuating the purposes of the act is included in the 2001 appropriation act, passed during the 2001 Session of the General Assembly, and signed into law by the Governor.
Patron - Welch

P HB2726

Health; on-site sewage evaluations. Requires, notwithstanding any other provision of law or the provisions of any local ordinance, that counties, cities and towns, in the administration of their own ordinances, must comply with the time limits that currently apply in state law to the Department of Health in performing a field check of private evaluations and designs for single lots or for subdivision, residential development. The Department of Health is required to evaluate and approve or deny a request for an on-site sewage permit for a single lot construction permit within 15 days of the request and to evaluate and approve or deny a request for multiple lot certification letters or subdivision review within 60 days of the request.
Patron - Black

P HB2763

Health; outpatient data collection. Requires health care providers, including hospitals, ambulatory surgery centers, and physicians, to report data on outpatient surgery procedures to the Virginia Patient Level Data System. No fees will be charged by the nonprofit organization for the submission of outpatient data for the first twelve months of data submission; however, after twelve months, the nonprofit organization may charge a fee of up to one dollar for those records its determines are not processed, verifiable data. The confidentiality of inpatient level data continues to be protected and may be publicly released only when the information released is designed to prevent persons from being able to gain access to combinations of patient characteristic data elements that reasonably could be expected to reveal the identity of any patient; outpatient surgical charge data will only be made publicly available pursuant to a review by the Joint Commission on Health Care. The nonprofit health data organization must conduct a pilot study to assess the impact of requiring the submission of outpatient surgical data, including the logistics and costs as well as the potential value of the submission of such information.
Patron - Brink

P SB724

Virginia Children's Medical Security Insurance Plan; Family Access to Medical Insurance Security (FAMIS) Plan. Requires the recently approved FAMIS program to include a provision to request the custodial parent's cooperation with the Commonwealth in securing medical and child support payments; this cooperation must not be a condition of the child's eligibility for FAMIS. A second enactment sunsets this provision on July 1, 2003.
Patron - Lambert

P SB838

Health; radon proficiency listings. Authorizes the Board of Health to list and accept as proficient, to offer screening, testing or mitigation for radon, persons acceptable to the United States Environmental Protection Agency, the National Radon Measurement Proficiency Program of the National Environmental Health Association or the National Radon Safety Board Certified Radon Professional Program or any other proficiency program acceptable to the Board. This bill revises and updates acceptable radon proficiency credentials. Current law only provides for proficiency listing by the Environmental Protection Agency. The EPA has, however, discontinued the National Radon Proficiency Program and has not designated a successor program.
Patron - Watkins

P SB955

Health insurance; adverse decisions. Requires utilization review entities rendering adverse decisions to provide the treating physician with the name, address, and telephone number of the person responsible for making such adverse decision. Currently, entities are only required to provide a contact name, address, and telephone number.
Patron - Couric

P SB967

Licensure of home health organizations; exemptions. Provides an exemption from licensure as a home health organization for a natural person, who provides services to a patient on an individual basis if such person is (i) acting alone under a medical plan of care and is licensed to provide such services pursuant to Title 54.1 or (ii) retained by the individual or by another individual acting on the individual's behalf.
Patron - Potts

P SB1007

Health; newborn testing. Adds testing for congenital adrenal hyperplasia to the tests required to be performed on every newborn in the Commonwealth to prevent mental retardation, permanent disability or death. Those infants whose parents or guardians object to the testing[RS1] because of religious practices or tenets continue to be exempt. The bill has a delayed effective date of January 1, 2002.
Patron - Ticer

P SB1139

Health; scholarships and loans for health professionals. Provides that physician, nurse, physician assistant, and nurse practitioner scholarship and loan repayment amounts that are awarded and eventually forfeited by recipients remain in the respective scholarship or loan repayment fund rather than reverting to the general fund. The bill also adds a loan repayment feature under the registered and licensed practical nurse scholarship programs. The bill also has technical amendments.
Patron - Lambert

P SB1190

Youth suicide prevention. Requires, with such funds as may be appropriated for this purpose, the Department of Health to assume lead responsibility in the Commonwealth for coordinating activities concerning youth suicide prevention. This responsibility includes coordination of the activities of the agencies of the Commonwealth pertaining to youth suicide prevention in order to develop a comprehensive youth suicide prevention plan addressing the promotion of health development, early identification, crisis intervention, and support to survivors. The bill requires the Department of Health to report annually to the Governor and General Assembly on the status of youth suicide prevention. The powers and duties of other state agencies vis-a-vis prevention of youth suicide are specifically noted not to be limited. This bill is a recommendation of the Commission on Youth and is identical to HB 2015.
Patron - Houck

P SB1250

Pilot project for computerization of local septic system data. Requires the Commissioner of Health, as part of the development of a statewide database module with local compatibility, to implement a pilot project for the Counties of Bedford, Franklin, and Pittsylvania to computerize the data on septic systems with the goal of producing data capable of being merged with real estate records, particularly for the areas surrounding Smith Mountain Lake. The pilot project must establish a database for the storage and retrieval of information on local septic systems based on installation permits. Information resulting from septic tank pumpouts and other maintenance must also be included in this database. All the information in the database must be capable of being merged with the local real estate records. The Commissioner is required to implement the pilot project solely with state funds and must exempt the relevant counties from the cost-sharing requirements of the state/local cooperative budget formula. A second enactment provides that this act will not become effective unless an appropriation effectuating the purposes of the act is included in the 2001 Appropriations Act, passed during the 2001 Session of the General Assembly, and signed into law by the Governor.
Patron - Reynolds

P SB1305

Human cloning. Prohibits the cloning of humans, i.e., the creation of or attempt to create a human being by transferring the nucleus from a human cell from whatever source into an oocyte from which the nucleus has been removed. Cloning of animals is accomplished by withdrawing or otherwise rendering inert the chromosomes (the linear threads containing the genes) from a somatic cell (a mature, diploid cell having a complete set of chromosomes) and inserting the genetic material of the individual to be reproduced into an oocyte (an ovum or egg). The altered cell is then implanted into a uterus. This bill defines several scientific terms, e.g., cloning, human cloning, nucleus, oocyte, somatic cell, and somatic cell nuclear transfer. The following acts are prohibited: the performance of human cloning; the implantation or attempted implantation of the product of somatic cell nuclear transfer into an uterine environment so as to initiate a pregnancy; the possession of the product of human cloning; and the shipping or receiving of the product of a somatic cell nuclear transfer in commerce for the purpose of implantation of such product into an uterine environment so as to initiate a pregnancy. In addition to any other applicable penalty, any person violating this law will be liable for a civil penalty not to exceed $50,000 per incident. The use of somatic cell nuclear transfer or other cloning technologies for biomedical and agricultural research, of gene therapy, and of somatic cell nuclear transfer techniques to create animals other than humans are not restricted. This bill is identical to HB 2463.
Patron - Newman

P SB1377

Medical assistance services; breast or cervical cancer treatment for certain women. Requires the Board of Medical Assistance Services to include in the state plan for medical assistance a provision for payment of medical assistance, pursuant to the Breast and Cervical Cancer Prevention and Treatment Act of 2000 (P.L. 106-354), for certain women with breast or cervical cancer when such women (i) have been screened for breast or cervical cancer under the Centers for Disease Control and Prevention (CDC) Breast and Cervical Cancer Early Detection Program established under Title XV of the Public Health Service Act; (ii) need treatment for breast or cervical cancer, including treatment for a precancerous condition of the breast or cervix; (iii) are not otherwise covered under creditable coverage, as defined in § 2701 (c) of the Public Health Service Act; (iv) are not otherwise eligible for medical assistance services under any mandatory categorically needy eligibility group; and (v) have not attained age 65. This provision must include an expedited eligibility determination for such women. This bill includes a second enactment stating that the act will not become effective unless an appropriation effectuating the purposes of the act is included in the 2001 Appropriation Act, passed during the 2001 Session of the General Assembly, and signed into law by the Governor.
Patron - Ticer

P SB1385

Bed capacity and licensure in hospitals designated as critical access hospitals. Provides that any licensed hospital that (i) has been certified as a critical access hospital, and (ii) has been required to reduce its licensed bed capacity as a result of the critical access certification, will, upon termination of its critical access hospital certification, be licensed to operate at the licensed bed capacity in existence prior to the critical access hospital certification without being required to apply for and obtain a certificate of public need.
Patron - Reynolds

F Failed

F HB1582

Health; licensure of midwives. Requires persons practicing midwifery for compensation, which is the assessment and care of a pregnant woman and her newborn during pregnancy, labor, birth, and the postpartum period, to be licensed. Applicants must meet specialized training and competency standards set by the Board of Health, with advice from the Advisory Council on Midwifery established in this bill, and must have a written protocol for medical emergencies. In addition, midwives must obtain the informed, written consent of any pregnant woman seeking midwife care. The consent form, which must be approved by the Board of Health, shall include information about the midwife's training, a written protocol for medical emergencies, a description for the midwifery model of care, a disclosure concerning the licensed midwife's malpractice or liability insurance coverage, and a description of the right to file a complaint with the Board of Health and the procedures for doing so. The Board of Health shall promulgate regulations which, when implemented, will supersede current provisions in the Code for midwives.
Patron - Hamilton

F HB1664

Medicaid; intestinal transplants. Adds intestinal transplants, when all criteria are met, to Medicaid-approved procedures for recipients over 21 years of age.
Patron - Hamilton

F HB1665

Virginia Prescription Drug Payment Assistance Program. Establishes a program to be 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 Department of Medical Assistance Services may contract with third-party administrators to provide administrative services that include enrollment, outreach, eligibility determination, data collection, premium payment and collection, financial oversight and reporting. The benefit is limited to prescription drugs manufactured by pharmaceutical companies that agree to provide manufacturer rebates. Eligible persons must have incomes at or below 150 percent of the federal poverty level or have prescription drug expenses that exceed 40 percent of his or her annual income, as set forth in the appropriations act. They must also be age 65 or older or eligible for federal Old Age, Survivors and Disability Insurance Benefits, not be receiving a prescription drug benefit through a Medicare supplemental policy or other third-party payor prescription benefit as of July 1, 2001, and be ineligible for Medicaid prescription benefits; however, nothing shall prohibit the enrollment of a person in the Program during the period in which their Medicaid eligibility is determined. 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 the Department of Medical Assistance Services. 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 five dollars. Money to pay the claims will come from the newly established Prescription Assistance Fund, which is to be financed by 10 percent of the proceeds received by the Commonwealth under the Master Tobacco Settlement Agreement and any federal funds available for this purpose. Administrative costs are to be paid from the pharmaceutical manufacturer rebates to the extent available and the $20 dollar annual enrollment fees. The Board shall develop a comprehensive statewide community-based outreach plan to enroll eligible persons and the Department of Medical Assistance Services shall report annually on the program's implementation. No entitlement to prescription drug coverage on the part of any eligible person or any right or entitlement to participation is created and such coverage shall only be available to the extent that funds are appropriated therefor. This bill incorporates HB 1803, HB 2179, and HB 2633.
Patron - Deeds

F HB1682

Testing of certain well water. Authorizes the County of Warren to establish, by ordinance, standards for private wells and reasonable testing requirements for private ground water wells to determine compliance with various federal or state drinking water quality standards to be performed prior to the issuance of a building permit.
Patron - Louderback

F HB1783

Health insurance for teachers. Requires local school boards to provide teachers the opportunity to participate in the local choice health insurance programs administered through the Department of Human Resources Management. The local choice health insurance program currently offers prescription drug coverage for retirees.
Patron - Deeds

F HB1785

Virginia Prescription Drug Payment Assistance Pilot Program. Requires the Department of Medical Assistance Services to establish a two-year pilot program, the Virginia Prescription Drug Payment Assistance Pilot Program, by January 1, 2002, to assist a predetermined number of eligible elderly and disabled Virginians in paying for prescription drugs on a first-come, first-served basis. Eligibility criteria shall require that a person have (i) an income below 200 percent of the federal poverty level or (ii) prescription drug expenses that exceed forty percent of his annual income. Also, participants must be 65 or older or eligible for federal Old Age Survivors and Disability Insurance Benefits, and be ineligible for Medicaid prescription benefits and not be receiving a prescription drug benefit through a Medicare supplemental policy or any other third party payor prescription benefit. The annual benefit per eligible person shall be up to $2,500. The Department shall establish claims procedures and co-payment amounts, not to exceed 25 percent of the cost but not less than five dollars.
Patron - Deeds

F HB1803

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. This bill has been incorporated into HB 1665.
Patron - Tate

F HB1819

Medical assistance services; personal care allowance. Requires the state plan for medical assistance services to include a provision for a monthly personal care allowance of $50 for persons receiving medical assistance and residing in nursing homes.
Patron - Armstrong

F HB1822

Hospice facilities. Provides that hospice programs may be licensed to provide services in a patient's home, a licensed hospital or nursing home, a licensed assisted living facility or a licensed hospice facility. A hospice facility is a specialized facility that is operated by a licensed hospice program solely for the care of hospice patients in an inpatient or a group residential setting. The bill requires the Health Commissioner to license hospice facilities and requires the Board of Health to adopt regulations governing hospice facilities. The regulations shall include requirements for adequate and sufficient staff to provide services to attain and maintain care to meet (i) the plan of care for each patient as established by the hospice program and (ii) the physical safety of the residents. The regulations shall also include staff qualifications and training; facility design, functional design and equipment; and services to be provided to residents, in addition to the services defined in the hospice program plan of care.
Patron - Morgan

F HB1864

Health; scholarships and loans for health professionals. Provides that physician, nurse, physician assistant, and nurse practitioner scholarship and loan repayment amounts that are awarded and eventually forfeited by recipients remain in the respective scholarship or loan repayment fund rather than reverting to the general fund. The bill also adds a loan repayment feature under the registered and licensed practical nurse scholarship programs. The bill also has technical amendments.
Patron - McDonnell

F HB1920

Long-term care facilities; voluntary closure or nonrenewal of license or provider agreement and receivership. Provides procedures and consumer protections in the event a long-term care facility chooses voluntarily to close or not to renew its license or provider agreement. All licensed nursing homes, certified nursing homes and assisted living facilities shall notify in writing the appropriate state licensing agency, residents and their authorized representatives and physicians of its intent to close no less than 120 days in advance of its intended closure in order to provide residents the time needed to search for and select a new long-term care facility. The long-term care facility must submit a resident relocation plan to the appropriate state licensing agency for its approval within seven days of the written notification of intent to close or not renew its license or provider agreement. A copy of the relocation plan shall be provided to the Office of the State Long-Term Care Ombudsman. A relocation team will be formed, within seven days of the written notification, comprised of representatives from the state licensing agency, the Department of Medical Assistance Services, the local long-term care ombudsman, the local department of social services, and, when appropriate, the local community services board. The costs of the relocation team shall be absorbed by the agencies as part of their normal duties and responsibilities. The state licensing agency shall not provide written approval of the relocation plan until it has input from the relocation team and the Office of the State Long-Term Care Ombudsman. Department review and approval of the relocation plan shall occur within seven calendar days of receipt of the Office of the State Long-Term Care Ombudsman and local relocation team's recommendations. Failure by the long-term care facility to comply with these provisions shall result in the state licensing agency petitioning the circuit court in the jurisdiction in which the long-term care facility is located for the appointment of a receiver. Finally, the bill provides a process for receivership for noncompliant assisted living facilities commensurate with that of nursing homes and certified nursing facilities. This bill is identical to SB 845.
Patron - Van Yahres

F HB1979

Medicaid eligibility; uncompensated transfers of property. Provides that for purposes of satisfying requirements related to the fair market value of real property when determining Medicaid eligibility, the assessed value of property that has been under land use assessment for at least 10 years prior to a conveyance, and, pursuant to restrictions placed upon the deed, remains under land use assessment for at least five years after such conveyance, shall be deemed to be the fair market value. If a person seeking Medicaid maintains long-term care insurance with a minimum of at least three years coverage after the conveyance of the property, the bill allows a five-year restriction to satisfy the requirement.
Patron - Orrock

F HB2016

Health; scholarships and loans for health professionals. Provides that physician, nurse, physician assistant, and nurse practitioner scholarship and loan repayment amounts that are awarded and eventually forfeited by recipients remain in the respective scholarship or loan repayment fund rather than reverting to the general fund. The bill also adds a loan repayment feature under the registered and licensed practical nurse scholarship programs. The bill also has technical amendments.
Patron - Hamilton

F HB2083

Regulation of certain health care facilities. Requires all facilities licensed by the Board of Health which, in the course of providing treatment, stock blood for transfusions to request an Establishment Variance from the federal Food and Drug Administration (FDA) to accept blood drawn from therapeutic donors who have been diagnosed as having the genetic disorder known as hemochromatosis. The facilities must also agree to accept such blood and to certify to the FDA that no charge will be made for the therapeutic phlebotomies. The relevant facilities must also maintain records identifying blood donated by hemochromatosis donors, the unique numbers of units of such blood, the patient receiving any unit of such blood, and the nature and severity of any adverse reaction to such blood. The relevant facilities must report any adverse reactions to the blood service from which the specific unit or units of blood causing the adverse reactions were received, including the unique number of the unit or units and the nature and severity of the adverse reaction. "Hemochromatosis" is an inherited condition of iron metabolism in which the body absorbs too much iron from food and iron accumulates in body tissues, thereby damaging or destroying, over time, major organs, such as the liver. The treatment for hemochromatosis is therapeutic phlebotomy, i.e., drawing blood from the patient and thereby removing red blood cells and excess iron. The blood from such patients is normal; the patient's condition is a metabolic disease. However, at this time, despite the crisis in blood supply, this blood is discarded.
Patron - Van Yahres

F HB2155

Regulation of health care facilities. Establishes a three-phase plan for deregulation of certain medical care facilities' certificate of public need (COPN) services as required by § 32.1-102.13. This bill sets out the Joint Commission on Health Care's COPN deregulation plan in numerous enactments. The first enactment sets forth the goals and an outline of the Plan and will be effective in due course. Each of the three-deregulation phases are set out in separate, designated enactments and will only become effective upon the appropriation of certain funds built into the various phases, e.g., for indigent care and Medicaid expansions. The goals of the plan are to (i) offer more choices to patients while simultaneously providing consumers with better information about the value of services in all settings; (ii) ensure that access to essential health care services for all Virginians, particularly the indigent and the uninsured, is preserved and improved, in so far as possible; (iii) provide strong quality protections that correspond to service intensity and/or patient risk and apply similarly across all health care settings; (iv) support indigent care and medical education costs at the academic health centers; and ensure that the Commonwealth's health care financing programs reimburse at a level that covers the allowable costs of care and that the Commonwealth meets its obligations as a responsible business partner. Phase I proposes to deregulate equipment purchases and introduction of new services for computed tomographic (CT) scanning, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, and all nuclear medicine imaging. Phase II proposes to deregulate equipment purchases and the introduction of new services for cardiac catheterization, gamma knife surgery, and radiation therapy. Phase III proposes to deregulate ambulatory surgery centers, neonatal special care, obstetric services, open-heart surgery, and organ transplantation services. Simultaneously with the elimination of the COPN requirements, the providers of the COPN-deregulated services will be required to comply with licensure requirements promulgated and administered by the Board of Health, consistent with appropriate existing, nationally recognized accreditation standards. The various COPN-deregulated providers will also be required to report claims data, certain quality outcome information for selected high risk procedures, where applicable, and annual financial information on indigent care. Studies of the effects of the deregulation and various related health care issues, e.g., the funding of medical education at the undergraduate and graduate levels, various Medicaid eligibility issues, and contributions to indigent care by the COPN-deregulated providers, will be required at each phase of the deregulation. Much of the substance of the Plan is set out in the various enactment clauses, i.e., the appropriation conditions, the establishment of a task force to assist the Board of Health, requirements for emergency regulations at appropriate intervals, etc. Although the various provisions of this bill are contingent upon appropriation of funds, the authority to determine the amount and sufficiency of the funding is left to the relevant appropriation act.
Patron - Morgan

F HB2179

Virginia Prescription Drug Payment Assistance Program. Establishes a program to be 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 Department of Medical Assistance Services may contract with third-party administrators to provide administrative services that include enrollment, outreach, eligibility determination, data collection, premium payment and collection, financial oversight and reporting. The benefit is limited to prescription drugs manufactured by pharmaceutical companies that agree to provide manufacturer rebates. Eligible persons must have incomes at or below 150 percent of the federal poverty level or have prescription drug expenses that exceed 40 percent of his or her annual income, as set forth in the appropriations act. They must also be age 65 or older or eligible for federal Old Age, Survivors and Disability Insurance Benefits, not be receiving a prescription drug benefit through a Medicare supplemental policy or other third-party payor prescription benefit as of July 1, 2001, and be ineligible for Medicaid prescription benefits; however, nothing shall prohibit the enrollment of a person in the Program during the period in which their Medicaid eligibility is determined. 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. The card shall conform to administrative standards developed and published by the National Council for Prescription Drug Programs. Benefits will be paid to pharmacies under a point-of-service claims procedure to be established by the Department of Medical Assistance Services. 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 five dollars. All licensed pharmacists shall be allowed to participate in the program so long as the provider is willing to abide by the terms and conditions the Board establishes to participate. Money to pay the claims will come from the newly established Prescription Assistance Fund, which is to be financed by 10 percent of the proceeds received by the Commonwealth under the Master Tobacco Settlement Agreement and any federal funds available for this purpose. Administrative costs are to be paid from the pharmaceutical manufacturer rebates to the extent available and the $20 annual enrollment fees. The Board shall develop a comprehensive statewide community-based outreach plan to enroll eligible persons and the Department of Medical Assistance Services shall report annually on the program's implementation. No entitlement to prescription drug coverage on the part of any eligible person or any right or entitlement to participation is created and such coverage shall only be available to the extent that funds are appropriated therefor. This bill has been incorporated into HB 1665.
Patron - Morgan

F HB2208

Medical assistance services; applications for children. Permits a child's application for medical assistance services to be filed by a parent, legal guardian, or any other adult caretaker who is familiar with the child's circumstances.
Patron - Van Landingham

F HB2209

Children's health insurance; application. Permits a child's application for Family Access to Medical Insurance Security Plan or Virginia Children's Medical Security Insurance Plan to be filed by a parent, legal guardian, or any other adult caretaker who is familiar with the child's circumstances.
Patron - Van Landingham

F HB2210

Children's health insurance; waiting period exception. Eliminates the waiting period for previously insured children for coverage under the Children Medical Security Insurance Plan and the Family Access to Medical Insurance Security Plan where the applicant can document that the cost of previous health insurance has exceeded 10 percent of the family's countable monthly income for a period of three consecutive months.
Patron - Van Landingham

F HB2226

Virginia Tobacco Settlement Fund; tobacco compliance checks. Ensures that the Department of Alcoholic Beverage Control will receive money from the Virginia Tobacco Settlement Fund to conduct tobacco compliance checks.
Patron - Almand

F HB2227

Health; vital statistics. Clarifies that persons who may request and receive official copies of death certificates are persons with a direct and tangible interest, including surviving relatives and their legal representatives, and legal beneficiaries.
Patron - Almand

F HB2257

Health; nursing home standards. Requires the Board of Health to establish staffing standards for nursing homes that will provide an average of five hours of direct care services per resident per 24-hour period to be reported quarterly.
Patron - Watts

F HB2264

Reporting, compilation, and analysis of data on abortion procedure complications. Mandates that the Board of Health require reporting of and will compile and analyze data on complications resulting from any abortion procedure. Any physician, regardless of whether he performed the abortion, who treats a patient experiencing complications from an abortion procedure that occur within 60 days of the performance of the procedure must report to the Board on such complications in accordance with the Board's regulations. The Board's regulations will address, among other complications, any infections, perforations, long-term reproductive dysfunction, and psychological problems that may have resulted from abortions.
Patron - Marshall

F HB2265

Definition of hospital; abortion clinics. Defines the term "hospital" to include any clinic performing 25 or more abortions per year. Any such clinic will be subject to all of the requirements for outpatient surgical hospitals and the regulations of the Board in the same manner as any other hospital, including any standards, inspections, staffing and laboratory requirements, equipment mandates, or other criteria. Such facilities will not, however, be subject to the requirements of the certificate of public need law unless desiring to become licensed as ambulatory surgery centers.
Patron - Marshall

F HB2276

Medical assistance services. Requires the Board of Medical Assistance Services to amend the state plan for medical assistance services to include a provision to revise the payment methodology for nursing facility reimbursement that addresses the nursing personnel shortages in rural nursing facilities. This bill requires an exception for rural nursing facilities to the uniform expense classification requirement that allowable expenses for operating costs not exceed the limits or ceilings or both established in the payment system when the allowable expenses for operating expenses have exceeded the limits or ceilings or both because, in order to maintain regular nursing staff levels for direct patient care during a nursing shortage, a rural nursing facility has had to hire contract nurses at higher salary rates than the rates used in the facility's gross salary calculations in it previous annual cost report. These extraordinary expenses must be defined as significant operational changes that can be demonstrated to have a major impact on the fiscal stability of the rural nursing facility. The rural nursing facility will have the right to submit amendments to its previous annual cost report immediately upon incurring these expenses, receive an adjustment of its prospectively determined operating cost rate or ceiling regardless of its peer group, and obtain a recalculation of its reimbursement rate based on the adjustment within 30 days of submission of the amended cost report. Reimbursement of the rural nursing facility on the basis of the newly recalculated reimbursement rate must be initiated within 30 days of the recalculation of the reimbursement rate.
Patron - Day

F HB2296

Children's health insurance. Requires the enrollment of children in the Virginia Children's Medical Security Insurance Plan or the Family Access to Medical Insurance Security Plan during the period in which their Medicaid eligibility is determined.
Patron - Brink

F HB2297

Children's health insurance; single application. Requires a single application to be used to determine eligibility for the Family Access to Medical Insurance Security Plan and Medicaid.
Patron - Brink

F HB2319

Health; pharmacy scholarships and loans. Establishes a scholarship and loan repayment program for qualified pharmacy students or graduates of an accredited pharmacy school in the Commonwealth. This is similar in nature to current programs for nurses, physicians, physician assistants and dentists. Any funds remaining in each of the scholarship or loan repayment funds shall not revert to the general fund but shall remain in that program for its purposes.
Patron - Jones, S.C.

F HB2409

Funding of local health departments. Requires, notwithstanding any other provision of law or regulation to the contrary, the Board of Health to include, in any agreement with any county or city for the operation of its health department or any funding allocation for any independent local health department, a stipulation for the Commonwealth to assume, on a phased-in basis, the full costs of such services and operations of the various local health departments as are required by state law. The Board's funding allocations must provide for such yearly incremental increases to reach 100 percent state funding of all required local health department services and operations over a five-year period, beginning on July 1, 2002, and ending on June 30, 2006.
Patron - Bryant

F HB2432

Virginia Tobacco Settlement Fund. Clarifies that the sole purpose for which the moneys in the Virginia Tobacco Settlement Fund may be awarded is for financing efforts to restrict minors' tobacco use.
Patron - O'Bannon

F HB2633

Virginia Prescription Drug Payment Assistance Program. Establishes a program to be 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 Department of Medical Assistance Services may contract with third-party administrators to provide administrative services that include enrollment, outreach, eligibility determination, data collection, premium payment and collection, financial oversight and reporting. The benefit is limited to prescription drugs manufactured by pharmaceutical companies that agree to provide manufacturer rebates. Eligible persons must have incomes at or below 150 percent of the federal poverty level or have prescription drug expenses that exceed 40 percent of their annual income, as set forth in the appropriations act. They must also be age 65 or older or eligible for federal Old Age, Survivors and Disability Insurance Benefits, not be receiving a prescription drug benefit through a Medicare supplemental policy or other third-party payor prescription benefit as of July 1, 2001, and be ineligible for Medicaid prescription benefits; however, nothing shall prohibit the enrollment of a person in the Program during the period in which their Medicaid eligibility is determined. 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 the Department of Medical Assistance Services. 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 five dollars. Money to pay the claims will come from the newly established Prescription Assistance Fund, which is to be financed by 10 percent of the proceeds received by the Commonwealth under the Master Tobacco Settlement Agreement and any federal funds available for this purpose. Administrative costs are to be paid from the pharmaceutical manufacturer rebates to the extent available and the $20 annual enrollment fees. The Board shall develop a comprehensive statewide community-based outreach plan to enroll eligible persons and the Department of Medical Assistance Services shall report annually on the program's implementation. No entitlement to prescription drug coverage on the part of any eligible person or any right or entitlement to participation is created and such coverage shall only be available to the extent that funds are appropriated therefor. This bill has been incorporated into HB 1665.
Patron - Christian

F HB2661

Pilot project for computerization of local septic system data. Requires the Commissioner of Health, as part of the development of a statewide database module with local compatibility, to implement a pilot project for the Counties of Bedford, Franklin, and Pittsylvania to computerize the data on septic systems with the goal of producing data capable of being merged with real estate records, particularly for the areas surrounding Smith Mountain Lake. The pilot project must establish a database for the storage and retrieval of information on local septic systems based on installation permits. Information resulting from septic tank pumpouts and other maintenance must also be included in this database. All the information in the database must be capable of being merged with the local real estate records. The Commissioner is required to implement the pilot project solely with state funds and must exempt the relevant counties from the cost-sharing requirements of the state/local cooperative budget formula.
Patron - Putney

F HB2748

Criminal records checks for nursing home employees. Requires the Department of Health to screen prospective applicants to assess whether such persons have been successfully rehabilitated and are not a risk to residents of the nursing home based on their criminal history backgrounds. The Department may contract for such screening services. To be eligible for such screening, the applicant must have completed all prison or jail terms; not be under probation or parole supervision, or any suspended sentence; have no pending charges in any locality, have paid all fines, restitution, and court costs for any prior convictions; and have been free of any suspended sentence, parole or probation for at least seven years for drug convictions and five years for all other convictions. In addition to any such additional information as the Department may require or the prospective applicant wishes to present, the prospective applicant must provide to the state screening contractor a statement from his most recent probation or parole officer, if any, outlining his period of supervision, together with a copy of any pre-sentencing or post-sentencing report in connection with each felony conviction. The perspective applicant must pay the cost of such screening, unless the licensed nursing home decides, at its option to pay such cost.
Patron - Barlow

F HB2780

Health; infection reporting. Requires every hospital licensed by the Board of Health to report to the Board all infections contracted by patients while in the hospital. The Board shall compile and analyze this data for use in health facility regulation and protection of consumer health. The Board shall also share this information, in such a way as to protect the anonymity of the patients, with the Division of Consumer Counsel in the Office of the Attorney General and with the Administrator of Consumer Affairs in the Department of Agriculture and Consumer Services.
Patron - Purkey

F HB2800

Regulation of health care facilities. Establishes a three-phase plan for deregulation of certain medical care facilities' certificate of public need (COPN) services as required by § 32.1-102.13. This bill sets out substantially the components of the Joint Commission on Health Care's COPN deregulation plan in numerous enactments. The first enactment sets forth goals and an outline for the deregulation and will be effective in due course. Each of the three-deregulation phases are set out in separate, designated enactments. The goals of the deregulation are to (i) offer more choices to patients while simultaneously providing consumers with better information about the value of services in all settings; (ii) ensure that access to essential health care services for all Virginians, particularly the indigent and the uninsured, is preserved and improved, in so far as possible; (iii) provide strong quality protections that correspond to service intensity and/or patient risk and apply similarly across all health care settings; and (iv) support indigent care and medical education costs at the academic health centers. Phase I proposes to deregulate equipment purchases and introduction of new services for computed tomographic (CT) scanning, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, and all nuclear medicine imaging. Phase II proposes to deregulate equipment purchases and the introduction of new services for cardiac catheterization, gamma knife surgery, and radiation therapy. Phase III proposes to deregulate ambulatory surgery centers, neonatal special care, obstetric services, open-heart surgery, and organ transplantation services. Simultaneously with the elimination of the COPN requirements, the providers of the COPN-deregulated services will be required to comply with licensure requirements promulgated and administered by the Board of Health, consistent with appropriate existing, nationally recognized accreditation standards. The various COPN-deregulated providers will also be required to report claims data, certain quality outcome information for selected high risk procedures, where applicable, and annual financial information on indigent care. Studies of the effects of the deregulation and various related health care issues will be required at each phase of the deregulation.
Patron - Rust

F HB2828

Medical assistance services; breast or cervical cancer treatment for certain women. Requires the Board of Medical Assistance Services to include in the state plan for medical assistance a provision for payment of medical assistance, pursuant to the Breast and Cervical Cancer Prevention and Treatment Act of 2000 (P.L. 106-354), for certain women with breast or cervical cancer when such women (i) have been screened for breast or cervical cancer under the Centers for Disease Control and Prevention (CDC) Breast and Cervical Cancer Early Detection Program established under Title XV of the Public Health Service Act; (ii) need treatment for breast or cervical cancer, including treatment for a precancerous condition of the breast or cervix; (iii) are not otherwise covered under creditable coverage, as defined in § 2701 (c) of the Public Health Service Act; (iv) are not otherwise eligible for medical assistance services under any mandatory categorically needy eligibility group; and (v) have not attained age 65. Presumptive eligibility for payment of medical assistance for treatment of breast or cervical cancer treatment on behalf of such women is required as authorized in federal law. A woman will be deemed to have been screened under the Centers for Disease Control and Prevention Breast and Cervical Cancer Early Detection Program if all or part of the costs of her screening services have been paid for with CDC Title XV funds or, although her screening services were not paid for by CDC Title XV funds, she has received her screening from a provider or entity that is at least partially funded by CDC Title XV funds or her screening was performed by any provider or entity deemed by the Virginia CDC Title XV grantee as a partner in the state's CDC Title XV activities.
Patron - Amundson

F HB2829

Virginia Health Care Trust Fund. Establishes the Virginia Health Care Trust Fund into which 10 percent of the amount received by the Commonwealth pursuant to the Master Tobacco Settlement Agreement shall be deposited annually. The fund shall be used for health care purposes as specified in the general appropriations act.
Patron - Brink

F SB804

Medical assistance services. Requires the state plan for medical assistance services to include a provision for payment of medical assistance services for aged and disabled individuals with incomes up to 100 percent of the federal poverty line.
Patron - Reynolds

F SB845

Long-term care facilities; voluntary closure or nonrenewal of license or provider agreement and receivership. Provides procedures and consumer protections in the event a long-term care facility chooses voluntarily to close or not to renew its license or provider agreement. All licensed nursing homes, certified nursing homes and assisted living facilities shall notify in writing the appropriate state licensing agency, residents and their authorized representatives and physicians of its intent to close no less than 120 days in advance of its intended closure in order to provide residents the time needed to search for and select a new long-term care facility. The long-term care facility must submit a resident relocation plan to the appropriate state licensing agency for its approval within seven days of the written notification of intent to close or not renew its license or provider agreement. A copy of the relocation plan shall be provided to the Office of the State Long-Term Care Ombudsman. A relocation team will be formed, within seven days of the written notification, comprised of representatives from the state licensing agency, the Department of Medical Assistance Services, the local long-term care ombudsman, the local department of social services, and, when appropriate, the local community services board. The costs of the relocation team shall be absorbed by the agencies as part of their normal duties and responsibilities. The state licensing agency shall not provide written approval of the relocation plan until it has input from the relocation team and the Office of the State Long-Term Care Ombudsman. Department review and approval of the relocation plan shall occur within seven calendar days of receipt of the Office of the State Long-Term Care Ombudsman and local relocation team's recommendations. Failure by the long-term care facility to comply with these provisions shall result in the state licensing agency petitioning the circuit court in the jurisdiction in which the long-term care facility is located for the appointment of a receiver. Finally, the bill provides a process for receivership for noncompliant assisted living facilities commensurate with that of nursing homes and certified nursing facilities. This bill is identical to HB 1920.
Patron - Couric

F SB1076

Duties and responsibilities of local health departments in emergencies. Requires the Secretary of Health and Human Resources, in consultation with the Department of Emergency Management, to study the duties and responsibilities of local health departments to assist special populations during emergencies and disasters. In conducting the study, the Secretary must, among other things, (i) assess the adequacy of state and local emergency management plans and preparedness to manage special populations during emergency situations and disasters; (ii) determine the availability of caregivers, shelters, facilities, and resources required to serve elderly or disabled citizens who are not mobile or who depend on life support systems; and (iii) suggest ways to correct any identified deficiencies.
Patron - Maxwell

F SB1081

Comprehensive Services Act for At-Risk Youth and Families. Provides that local governing bodies cannot be required to provide any local match share of Medicaid provider payments, when collected by the Office of Comprehensive Services on behalf of the Department of Medical Assistance Services to be paid into the "Comprehensive Services Act Local Match Fund" pursuant to the budget or other state law, for Medicaid-eligible children or youth who are placed in residential treatment or care or therapeutic foster care. Local governments are still required to provide their share of special education and foster care costs.
Patron - Maxwell

F SB1084

Regulation of health care facilities. Establishes a three-phase plan for deregulation of certain medical care facilities' certificate of public need (COPN) services as required by § 32.1-102.13. This bill sets out the Joint Commission on Health Care's COPN deregulation plan in numerous enactments. The first enactment sets forth the goals and an outline of the Plan and will be effective in due course. Each of the three deregulation phases are set out in separate, designated enactments and will only become effective upon the appropriation of certain funds built into the various phases, e.g., for indigent care and Medicaid expansions. The goals of the plan are to (i) offer more choices to patients while simultaneously providing consumers with better information about the value of services in all settings; (ii) ensure that access to essential health care services for all Virginians, particularly the indigent and the uninsured, is preserved and improved, in so far as possible; (iii) provide strong quality protections that correspond to service intensity and/or patient risk and apply similarly across all health care settings; (iv) support indigent care and medical education costs at the academic health centers; and ensure that the Commonwealth's health care financing programs reimburse at a level that covers the allowable costs of care and that the Commonwealth meets its obligations as a responsible business partner. Phase I proposes to deregulate equipment purchases and introduction of new services for computed tomographic (CT) scanning, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, and all nuclear medicine imaging. Phase II proposes to deregulate equipment purchases and the introduction of new services for cardiac catheterization, gamma knife surgery, and radiation therapy. Phase III proposes to deregulate ambulatory surgery centers, neonatal special care, obstetric services, open-heart surgery, and organ transplantation services. Simultaneously with the elimination of the COPN requirements, the providers of the COPN-deregulated services will be required to comply with licensure requirements promulgated and administered by the Board of Health, consistent with appropriate existing, nationally recognized accreditation standards. The various COPN-deregulated providers will also be required to report claims data, certain quality outcome information for selected high risk procedures, where applicable, and annual financial information on indigent care. Studies of the effects of the deregulation and various related health care issues, e.g., the funding of medical education at the undergraduate and graduate levels, various Medicaid eligibility issues, and contributions to indigent care by the COPN-deregulated providers, will be required at each phase of the deregulation. Much of the substance of the Plan is set out in the various enactment clauses, i.e., the appropriation conditions, the establishment of a task force to assist the Board of Health, requirements for emergency regulations at appropriate intervals, etc. Although the various provisions of this bill are contingent upon appropriation of funds, the authority to determine the amount and sufficiency of the funding is left to the relevant appropriation act.
Patron - Bolling

F SB1125

Requirements for nursing home licensure. Establishes, as a condition of licensure, staffing standards for all nursing homes as follows: (i) each nursing home must have a full-time director of nursing who must be a professional registered nurse; (ii) each nursing home must have designated nursing supervisors on duty at all times who must be professional registered nurses; (iii) each nursing home with 100 beds or more must employ a full-time assistant director of nursing who must be a professional registered nurse; (iv) each nursing home with fewer than 100 beds must employ a part-time professional registered nurse as assistant director of nursing; (v) each nursing home with 100 beds or more must employ a full-time director of in-service education; and (vi) each nursing home with fewer than 100 beds must employ a part-time director of in-service education. In addition, each nursing home must maintain a minimum staffing ratio of registered nurses or licensed practical nurses to residents of at least one to 15 during the day shift, at least one to 20 during the evening shift, and at least one to 30 during the night shift. A nursing home must maintain a minimum staffing ratio of certified nurse aides to residents of at least one to five during the day shift, at least one to five during the evening shift, and at least one to 10 during the night shift. Further, in order to meet the individual needs of residents with extensive nursing care requirements or higher acuity levels, each nursing home must decrease the established caregiver to resident ratios. On a form provided by the Board, each nursing home must post, in a manner easily visible and readily accessible to residents, families, caregivers, and others on each wing and floor of its facility, the actual staffing ratios, according to the most recently completed cost reporting period, grouped by categories of employees and shifts and a list, in at least 48-point type, of the names of the nursing staff on duty at the beginning of each shift on each such wing or floor. This information must be expressed in actual numbers and as staffing ratios, and must include the actual numbers of additional staff employed to meet the additional needs of residents with extensive nursing care requirements or higher acuity levels. The Commissioner of Health is required to ensure that the nursing home staffing requirements are enforced and, in the case of any violations, the Commissioner may evoke various penalties and remedies.
Patron - Byrne

F SB1180

Virginia Tobacco Settlement Fund. Revises the purposes for which the moneys in the Virginia Tobacco Settlement Fund may be awarded to include health care purposes generally as well as specific efforts to restrict minors' tobacco use. All recipients of moneys from the Fund are required to establish and maintain policies that restrict the use of tobacco products by minors.
Patron - Hanger

F SB1249

Medical assistance services. Requires the Board of Medical Assistance Services to amend the state plan for medical assistance services to include (i) a provision allowing the Director to make exceptions to the payment system for nursing facility reimbursement to allow an increase in the direct patient care payment rate for a nursing facility based upon extraordinary circumstances and a provision allowing a nursing facility that expands its bed capacity by 60 beds to have the option of retaining its prospective rate or being treated as a new nursing facility without having to comply with the occupancy requirements. The Director will be authorized to make an exception to the payment methodology to allow the reimbursement of allowable direct patient care operating costs in excess of direct patient care operating cost limits and or ceilings or both established under the payment system when a nursing facility incurs such costs due to extraordinary circumstances beyond the control of the administrator or owner of the nursing facility. The nursing facility must demonstrate that the extraordinary costs were caused by factors beyond its control, that these costs have a major negative effect on its fiscal stability, and that the costs are necessary in order to assure compliance with licensure and certification requirements. The nursing facility will have the right to file a cost report addendum and supporting documents to justify an increase in its direct patient care payment rate. The Director is required to act on the request within 30 days and any authorized increase in the direct payment rate will be retroactive to the date of the filing of the request for the increase. The increased payment will be subject to time limits, periodic reporting, and retroactive audit.
Patron - Reynolds

F SB1327

Health; pharmacy scholarships and loans. Establishes a scholarship and loan repayment program for qualified pharmacy students or graduates of an accredited pharmacy school in the Commonwealth. This is similar in nature to current programs for nurses, physicians, physician assistants and dentists. Any funds remaining in each of the scholarship or loan repayment funds shall not revert to the general fund but shall remain in that program for its purposes. A second enactment provides that the provisions of this act will not become effective unless an appropriation effectuating the purposes of this act is included in the 2001 Appropriations Act, passed during the 2001 Session of the General Assembly and signed into law by the Governor.
Patron - Martin

F SB1390

Regulation of health care facilities. Establishes a three-phase plan for deregulation of certain medical care facilities' certificate of public need (COPN) services as required by § 32.1-102.13. This bill sets out substantially the components of the Joint Commission on Health Care's COPN deregulation plan in numerous enactments. The first enactment sets forth goals and an outline for the deregulation and will be effective in due course. Each of the three-deregulation phases are set out in separate, designated enactments. The goals of the deregulation are to (i) offer more choices to patients while simultaneously providing consumers with better information about the value of services in all settings; (ii) ensure that access to essential health care services for all Virginians, particularly the indigent and the uninsured, is preserved and improved, in so far as possible; (iii) provide strong quality protections that correspond to service intensity and/or patient risk and apply similarly across all health care settings; and (iv) support indigent care and medical education costs at the academic health centers. Phase I proposes to deregulate equipment purchases and introduction of new services for computed tomographic (CT) scanning, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, and all nuclear medicine imaging. Phase II proposes to deregulate equipment purchases and the introduction of new services for cardiac catheterization, gamma knife surgery, and radiation therapy. Phase III proposes to deregulate ambulatory surgery centers, neonatal special care, obstetric services, open-heart surgery, and organ transplantation services. Simultaneously with the elimination of the COPN requirements, the providers of the COPN-deregulated services will be required to comply with licensure requirements promulgated and administered by the Board of Health, consistent with appropriate existing, nationally recognized accreditation standards. The various COPN-deregulated providers will also be required to report claims data, certain quality outcome information for selected high risk procedures, where applicable, and annual financial information on indigent care. Studies of the effects of the deregulation and various related health care issues will be required at each phase of the deregulation.
Patron - Williams


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