General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Health

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Health

Passed

P HB66

Cord Blood Bank Initiative. Removes the language stating that the Cord Blood Bank will be for the treatment of Virginians, in order to make more federal funding opportunities available.
Patron - Marshall, R.G.

P HB191

EMS; temporary suspension of permits and certificates pending hearing. Authorizes the Health Commissioner to temporarily suspend any certificate or permit without notice, pending a hearing or informal fact-finding conference, where a substantial danger to public health or safety exists. The bill requires the Commissioner to seek an expedited hearing in such cases.
Patron - Orrock

P HB192

Applications for variances or exceptions. Replaces term "volunteer rescue squad" with the term "agency, entity, or provider licensed or certified by the Office of Emergency Medical Services."
Patron - Orrock

P HB193

Prohibition on construction of private wells. Adds to the restriction on building a private well on property adjacent to agricultural property a requirement that the agricultural property be three acres or larger.
Patron - Orrock

P HB216

Organ donor consent; law-enforcement officers. Eliminates the provision that, after identification of the next of kin of a decedent, the person, institution or agent of such person or institution having custody of the dead body shall attempt to obtain consent for removal of the pituitary or other organs, glands, eyes or tissues for use in transplants or therapy.
Patron - Alexander

P HB248

Emergency medical services; definitions. Defines "emergency medical services physician," "emergency medical services provider," "operational medical director," and "physician course director."
Patron - O'Bannon

P HB278

Identification of body by next of kin. Provides that, upon the death of any person from trauma, injury, violence, poisoning, accident, suicide or homicide, or suddenly when in apparent good health, or when unattended by a physician, or in jail, prison, other correctional institution or in police custody, or who is a patient or resident of a state mental health or mental retardation facility, or suddenly as an apparent result of fire, or in any suspicious, unusual or unnatural manner, or the sudden death of any infant less than eighteen months of age whose death is suspected to be attributable to Sudden Infant Death Syndrome (SIDS), good faith efforts shall be made by such person or institution having custody of the dead body to identify and to notify the next of kin of the decedent. This bill also requires that notification shall include informing the person presumed to be the next of kin that he has a right to have identification of the decedent confirmed without due delay and without being held financially responsible for any procedures performed for the purpose of the identification. This bill also eliminates a provision requiring the person, institution or agent of such person or institution having custody of the dead body to attempt to obtain consent for removal of the pituitary or other organs, glands, eyes or tissues for use in transplants or therapy.
Patron - Watts

P HB396

State Medical Facilities Plan; task force. Requires the Board of Health to appoint and convene a task force of no less than 15 persons, including representatives from the Department of Health and the Division of Certificate of Public Need, and representatives of regional health planning agencies, the health care provider community, academic medical community, experts in advanced medical technology, and health insurers to meet at least once every two years. This bill also requires the task force to complete a review of the State Medical Facilities Plan at least every four years to update or validate the plan.
Patron - Hamilton

P HB398

Certificate of public need; relocation of nursing home beds. Exempts from the definition of "project" any relocation of up to 10 beds or 10% of beds, whichever is less, (i) from one existing facility to another existing facility at the same site in any two-year period or (ii) in any three year period, from one existing nursing home facility to any other existing nursing home facility owned by the same person that is located either within the same planning district, or within another planning district out of which, during that three-year period, at least 10 times that number of beds have been transferred and at least half of those beds have not been replaced.
Patron - Hamilton

P HB479

Emergency Medical Services Plan; Stroke Triage Plan. Requires the Board of Health to develop and maintain as a component of the Emergency Medical Services Plan a statewide prehospital and interhospital Stroke Triage Plan designed to promote rapid access for stroke patients to appropriate, organized stroke care. The Plan shall include formal regional stroke triage plans, which shall be reviewed triennially. This bill is identical to SB 344.
Patron - Hamilton

P HB502

Certificate of public need; fostering competition. Provides that, when determining whether a public need for a project involving proposed health services or facilities has been demonstrated, the State Health Commissioner shall consider the extent to which the proposed service or facility will increase citizen accessibility, demonstrate documented community support and introduce institutional competition into a health planning region.
Patron - Hamilton

P HB603

Hospitals; disclosure of contractual arrangements with health insurance carriers. Requires the State Health Commissioner to negotiate and contract with a nonprofit organization for an annual survey of carriers offering private group health insurance policies and that are subject to HEDIS reporting, to determine the reimbursement that is paid for a minimum of 25 most frequently reported health care services, and to make the survey reports public through a website operated by the contracting organization. This bill also requires carriers to report the average reimbursement paid for a specific service from all providers and provider types. This bill is identical to SB 396.
Patron - O'Bannon

P HB604

Hospice facilities; licensure; emergency clause. Allows certain hospice facilities to continue operating pending the promulgation of final licensure regulations by the Board of Health.
Patron - O'Bannon

P HB674

Four-year plan for aging services; report. Requires the Department for the Aging to develop and maintain a four-year plan for aging services. The bill requires the Department to consult with various state and local agencies and details a list of factors to be included in the plan for consideration in determining when additional funds may be needed for various programs and services.
Patron - Alexander

P HB806

Reporting of infectious diseases; residential facilities. Adds persons in charge of residential or day programs, services, or facilities licensed by any agency of the Commonwealth to the list of nonphysicians who must report disease outbreaks. This bill is identical to SB 463.
Patron - Englin

P HB819

Continuing care retirement communities; medical assistance. Allows nursing facilities in continuing care retirement communities in Planning District 8 to participate in the Medical Assistance Program so long as (i) the nursing facility is no longer operating under an open admissions period, (ii) any patients who qualify and receive medical assistance have been residents of the community for at least three years, (iii) not more than 10 percent of the facility receives benefits at any given time, and (iv) residents who qualify for and receive medical assistance have exhausted any refundable entrance fee paid on the resident's behalf as a result of expenditures for that resident's care. This bill also allows these facilities to be exempt from certificate of public need requirements as long as no resident receives federal or state public assistance funds during an open admissions period.
Patron - Albo

P HB1003

Nursing workforce information; publication on website. Requires that data related to the Commonwealth's nursing workforce, which is currently collected by the Board of Nursing, shall be published, in aggregate form and in a format that is accessible to the public, on the Department of Health Professions website.
Patron - Bell

P HB1040

Health records privacy; providing information after execution of search warrant, subpoena or court order. Clarifies that regardless of the manner by which health records relating to an individual are compelled to be disclosed pursuant to a subpoena, search warrant, or court order, nothing prohibits any staff or employee of a health care entity from providing information about such individual to a law-enforcement officer in connection with such subpoena, search warrant, or court order.
Patron - Griffith

P HB1089

Toxic substances; reporting. Removes the requirement that the Board of Health report to the General Assembly and the Governor on toxic substances biennially.
Patron - Sickles

P HB1100

Informed consent for testing for human immunodeficiency virus. Provides that, prior to performing any test to determine infection with HIV, a medical care provider shall inform the patient that the test is planned, provide information about the test, and advise the patient that he has the right to decline the test. If a patient declines the test, the medical care provider shall note that fact in the patient's medical file. This bill incorporates HB 243.
Patron - Sickles

P HB1166

Professional engineering of onsite treatment works. Authorizes the Board of Health, the Commissioner of Health, and the Department of Health to accept treatment works designs from individuals licensed as professional engineers. This bill provides that such designs shall (i) be compliant with standard engineering practice and performance requirements established by the Board and those horizontal setback requirements necessary to protect the public health and the environment, and (ii) reflect that degree of skill and care ordinarily exercised by licensed members of the engineering profession practicing at the time of performance. The bill also establishes the procedure for submission and review of designs.
Patron - Saxman

P HB1213

HIV/Hepatitis testing; consent for minors. Makes the process for HIV and hepatitis testing when someone other than a school board member is exposed to the minor's bodily fluids consistent with the process for that of exposure of school board members. Requires consent from the minor's parents, and, if consent is refused, the bill requires such a person to petition the juvenile and domestic relations district court where the minor resides or resided, rather than the general district court, for an order requiring such testing. Recommendation of the Committee on District Courts. This bill is identical to SB 227.
Patron - Melvin

P HB1265

Department of Health; payment for medical care services. Allows the Department of Health to charge an amount equal to the allowable charge of a private insurer for the services provided by the Department to an insured individual. If an insurance company denies a claim for medical care services provided by the Department, the patient portion of the bill shall not be greater than if the person did not have private health insurance. This bill is identical to SB 579.
Patron - Plum

P HB1299

Revised Uniform Anatomical Gift Act. Specifies a procedure for resolving situations when, with regard to the measures necessary to ensure the medical suitability of an organ, there is a conflict between an advanced health care directive or similar declaration and the express or implied terms of an anatomical gift. The bill also repeals a section that was inadvertently not repealed when the prior act was repealed in 2007 and makes some clarifying changes. The 2007 General Assembly repealed the Uniform Anatomical Gift Act and enacted the Revised Uniform Anatomical Gift Act.
Patron - Frederick

P HB1420

Department of Health declared state radiation agency. Establishes the Virginia Department of Health as the state radiation control agency. This bill is identical to SB 514.
Patron - Howell, A.T.

P HB1471

Filing of death certificates. Clarifies who shall file death certificates.
Patron - Gilbert

P HB1498

Certificate of Public Need. Permits the Commissioner to issue a Request For Applications, and to accept applications for 120 new nursing home or nursing facility beds in Planning District 3. This bill also requires the Commissioner to consider, in issuing any certificate of public need for 120 beds, an applicant that proposes to establish a new nursing facility located within three miles of the boundary of the county seat or within the county seat of the county adjacent to the city or county in which is sited any facility in Planning District 3 determined by the Division of Certificate of Public Need to be licensed for 120 beds but that operated no Medicaid-certified beds in 2006.
Patron - Kilgore

P SB227

HIV/Hepatitis testing; consent for minors. Clarifies the procedure for obtaining consent for testing for HIV or hepatitis B or C viruses of a minor when the person exposed is a health care provider, law enforcement officer, or school board employee. This bill provides that where a blood sample is required from a minor for testing, and the minor refuses to provide the sample, consent for obtaining the sample shall be obtained from the parent, guardian, or person standing in loco parentis of the minor. This bill further providers that where the parent, guardian, or person standing in loco parentis of the minor withholds consent or is not reasonably available to consent, the person potentially exposed to HIV or hepatitis B or C viruses or the employer of such person may petition the juvenile and domestic relations district court in the county or city where the minor resides or resided or, in the case of a nonresident, the county or city where the health care provider, law enforcement agency, or school board has its principal office for an order requiring the minor to provide a sample, submit to testing, and disclose the results. This bill is identical to HB 1213.
Patron - McDougle

P SB344

P SB396

Health care costs; estimates and average costs. Requires the Department of Health to negotiate and contract with a nonprofit organization for an annual survey of carriers, to determine the average costs for 25 common outpatient procedures and the average reimbursement paid for a specific service from all providers and provider types, and to make such information available to the public through a website operated by the nonprofit organization. This bill also requires the Health Commissioner to work together with the nonprofit organization to incorporate existing service quality data and guidance to the price information and to work to display price and quality information for episodes of care in a manner which is consistent with generally accepted national guidelines. This bill is identical to HB 603.
Patron - Edwards

P SB463

P SB514

Department of Health declared state radiation agency. Establishes the Virginia Department of Health as the state radiation control agency. This bill is identical to HB 1420.
Patron - Miller, J.C.

P SB579

Failed

F HB22

Methicillin-resistant staphylococcus aureus; required to be reported. Adds methicillin-resistant staphylococcus aureus (MRSA) to the list of diseases required to be reported to the Department of Health.
Patron - O'Bannon

F HB89

Immunizations; human papillomavirus. Removes requirement that girls receive the human papillomavirus vaccine.
Patron - Marshall, R.G.

F HB98

Medicaid eligibility; young adults transitioning from foster care. Requires the Department of Medical Assistance Services to amend the state plan to provide for the payment of medical assistance, pursuant to The Foster Care Independence Act of 1999, for any individual who (i) was receiving foster care services on his eighteenth birthday, (ii) continues to receive independent living services pursuant to § 63.2-905.1, and (iii) has not yet reached his twenty-first birthday. Such individuals shall not be subject to Medicaid income limits.
Patron - Purkey

F HB130

Death certificates; local health departments. Requires that death certificates be made available, upon request, at any local health department in the Commonwealth, regardless of the place of death.
Patron - Lewis

F HB188

Human papillomavirus vaccine; effective date. Extends the effective date of the requirement for sixth grade girls to receive the human papillomavirus vaccine from October 1, 2008, to July 1, 2010.
Patron - Marshall, R.G.

F HB243

Informed consent for testing for human immunodeficiency virus. Removes the requirement for separate oral or written informed consent for testing for human immunodeficiency virus and adds the requirement that a medical care provider inform a patient that the test is planned, provide information about the test, and advise the patient that he has the right to decline the test. This bill has been incorporated into HB 1100.
Patron - O'Bannon

F HB381

Exempting certain facilities from the requirement of a certificate of public need. Exempts certain existing facilities engaged in the early identification, diagnosis, and treatment of heart disease using noninvasive screening and outpatient coronary arteriography located in the City of Richmond from the requirement of obtaining a certificate of public need for the addition of a computer tomography (CT) scanner for cardiac imaging and diagnosis.
Patron - O'Bannon

F HB404

Private well construction; exemptions. Exempts any tract of land consisting of less than five acres from the prohibition on constructing a private well within 50 feet of the property line with an adjacent property used for agricultural operation.
Patron - Oder

F HB413

Medical assistance services; income disregard. Increases the amount disregarded from countable resources to an amount not in excess of $5,000 for the individual and for his spouse when such resources have been set aside to meet burial expenses of the individual or his spouse.
Patron - Griffith

F HB500

Virginia Smoke Free Air Act; smoking in public places; civil penalties. Moves the law restricting smoking in buildings and other enclosed areas from the title relating to local government (15.2) to the title relating to health (32.1) and prohibits smoking indoors in most buildings or enclosed areas frequented by the public. Exceptions are provided for (i) private homes, private residences, and private automobiles, and home-based businesses, unless used in conjunction with a licensed child care, adult day care, or health care facility; (ii) private clubs, except when being used for functions attended by persons other than members and invited guests; (iii) hotel or motel rooms designated as smoking rooms that are offered for rent to the public; (iv) specialty tobacco stores; (v) tobacco manufacturers; and (vi) private and semiprivate rooms in nursing homes and long-term care facilities. The bill requires the posting of "No Smoking" signs inside and at the entrances of areas where smoking is prohibited. Any person who continues to smoke in an area in which smoking is prohibited will be subject to a civil penalty of not more than $100 for the first offense, and $250 for subsequent offenses. Failure to comply with the smoking restrictions will subject proprietors to a $200 civil penalty for the first offense and $500 for subsequent offenses.
Patron - Hamilton

F HB530

Freestanding birth centers; licensing. Requires freestanding birth centers to be licensed and regulated by the Department of Health.
Patron - Pogge

F HB572

F HB593

VirginiaShare Health Insurance Program. Establishes the VirginiaShare Health Insurance Program, to provide health insurance premium assistance to allow eligible low-income working individuals to purchase health insurance coverage through a certified VaShare Health Insurance Policy. Also establishes the VirginiaShare Health Insurance Program Board to regulate the Program, to be administered by the Department of Medical Assistance Services. The program will pay one-third of the total monthly premium for eligible individuals, up to $75, with the remaining amount to be paid by the individual's small employer and the individual. Eligible individuals must (i) be residents of Virginia; (ii) have an income that is at or below 200 percent of the federal poverty level; (iii) have not been insured or had the offer of insurance within six months prior to enrollment in the Program; (iv) be ineligible for medical assistance benefits pursuant to Title XIX of the Social Security Act, as amended, or benefits pursuant to Title XXI of the Social Security Act, as amended; (v) be employed by a qualified small employer; and (vi) work at least 30 hours per week for the qualified small employer.
Patron - Hamilton

F HB821

F HB857

Adult Fatality Review Team; duties; membership; confidentiality; penalties; report; etc. Requires the Commissioner of the Department of Health and the Chief Medical Examiner to develop an Adult Fatality Review Team (Team) to review suspicious deaths of adults in order to create a body of information to help prevent similar fatalities. The Team is charged with reviewing the death of any adult (i) who was the subject of an adult protective services investigation or (ii) whose death was due to abuse or neglect or acts that suggest abuse or neglect or (iii) whose death came under the jurisdiction of the Office of the Chief Medical Examiner pursuant to § 32.1-283. The bill sets forth duties, membership, confidentiality, reporting, and other requirements for the Team. The bill also exempts any information acquired during a review from the Virginia Freedom of Information Act. This bill was incorporated into HB 251.
Patron - Ebbin

F HB894

Licensure of abortion clinics. Requires all abortion clinics, defined as any facility other than a hospital or an ambulatory surgery center in which 25 or more first trimester abortions are performed in any 12-month period, to be licensed and to comply with the requirements currently in place for ambulatory surgery centers except the requirement for a certificate of public need. The Board of Health may also waive certain structural requirements.
Patron - Lohr

F HB1046

Nursing homes; staffing levels. Requires the Board of Health to establish staffing standards for nursing homes.
Patron - Watts

F HB1190

Infant Mortality Prevention Act. Requires certain measures designed to lower the infant mortality rate in the Commonwealth, including: (i) expanding FAMIS eligibility for pregnant women with an income level up to 200 percent of the federal poverty level and providing coverage for one year postpartum; (ii) prohibiting the state from charging copayments for prenatal services for state employees; (iii) designating a senior employee of the Department of Health as coordinator for the state's home visitation programs designed to limit infant mortality; (iv) giving the Department of Social Services responsibility for coordinating efforts among faith-based organizations working to reduce infant mortality; and (v) requiring the Commissioner of Health to launch a public education campaign aimed at preventing Sudden Infant Death Syndrome.
Patron - Moran

F HB1227

Medical assistance services; coverage of treatment for breast and cervical cancer. Eliminates requirement that women be screened in under the Centers for Disease Control and Prevention Breast and Cervical Cancer Early Detection Program to qualify for coverage.
Patron - Vanderhye

F HB1543

Health records; surgical complications reporting. Requires physicians to report, in writing or by electronic means, each patient who comes under his professional care and requires medical treatment or suffers death that the physician has a reasonable basis to believe is the result of an elective outpatient surgical procedure. Complications resulting from elective outpatient surgical procedures. This bill provides that the report shall not contain any identifying information.
Patron - Janis

F SB204

Freestanding birth centers; licensing. Requires freestanding birth centers to be licensed and regulated by the Department of Health.
Patron - Quayle

F SB298

F SB406

Prescription drug benefits; penalty for conviction of certain drug-related crimes. Provides that any individual convicted of manufacturing, selling, giving, or distributing a controlled substance or imitation controlled substance, or possessing a controlled substance with the intent to manufacture, sell, give, or distribute a controlled substance or imitation controlled substance shall be ineligible for prescription drug assistance under Medicaid.
Patron - Puckett

F SB437

F SB501

Virginia Indoor Clean Air Act; penalty. Moves the regulation of smoking in restaurants from Title 15.2 to a new chapter in Title 32.1. This bill prohibits smoking in all indoor restaurants and bar and lounge areas in the Commonwealth. Requires the posting of "No Smoking" signs and provides for a $25 civil penalty for a violation of these provisions.
Patron - Locke

F SB503

Emergency Medical Services. Establishes the Department of Emergency Medical Services to replace the current Office of Emergency Medical Services and places the new Department under the Secretary of Public Safety.
Patron - Northam

F SB578

VirginiaShare Health Insurance Program. Establishes the VirginiaShare Health Insurance Program, to provide health insurance premium assistance to allow eligible low-income working individuals to purchase health insurance coverage through a certified VaShare Health Insurance Policy. Also establishes the VirginiaShare Health Insurance Program Board to regulate the Program, to be administered by the Department of Medical Assistance Services. The program will pay one-third of the total monthly premium for eligible individuals, up to $75, with at least one-half of the remaining amount paid by the individual's small employer. However, if the $75 maximum monthly contribution from the program is less than one-third of the total monthly premium, then the individual's small employer shall pay at least one-third of the total monthly premium. Eligible individuals must (i) be residents of Virginia; (ii) have an income that is at or below 200 percent of the federal poverty level; (iii) have not been insured or had the offer of insurance within six months prior to enrollment in the Program; (iv) be ineligible for full-benefit medical assistance benefits pursuant to Title XIX of the Social Security Act, as amended, or benefits pursuant to Title XXI of the Social Security Act, as amended; (v) be employed by a qualified small employer; and (vi) work at least 30 hours per week for the qualified small employer. The provisions of the bill are contingent upon an appropriation of general funds effectuating the purposes of the bill.
Patron - Saslaw

F SB702

Influenza vaccinations; information. Requires the Department of Health to publish, on its website, information on influenza disease and the benefits of influenza vaccination for children under the age of 60 months. Also requires the Department to work with other state agencies, as well as private child care organizations, to make this information available to parents on an annual basis.
Patron - Lucas

F SB722

Immunizations; human papillomavirus. Removes requirement that girls receive the human papillomavirus vaccine.
Patron - Cuccinelli

Carried Over

C HB247

Hospital emergency departments; ability to access electronic health records. Requires all hospitals that (i) engage in diversion at any time and (ii) use electronic health records to have the information technology capability to access electronic health records of other hospitals engaging in diversion in their emergency departments.
Patron - O'Bannon

C HB510

State medical assistance plan; DMAS to contract with DMHMRSAS for mental health services. Requires the Department of Medical Assistance Services to contract with the Department of Mental Health, Mental Retardation and Substance Abuse Services to provide mental health services to eligible individuals in underserved areas of the Commonwealth.
Patron - Hamilton

C HB1532

COPN; nursing home beds. Authorizes the Commissioner of Health to accept applications and to issue certificates of public need for nursing home beds in Planning District 13, which would result in an increase of 30 percent in the number of licensed nursing home beds for each nursing home that has reported to Virginia Health Information an average annual occupancy rate of 99 percent or higher for fiscal year 2006 and fiscal year 2007, provided that the application is filed on or before December 1, 2008, and approved additional nursing home beds are not put into service prior to July 1, 2009.
Patron - Hogan

C SB354

Medical examiner's investigation; examination of body. Specifies that a medical examiner investigating a suspicious death shall examine the dead body in-person, either at the scene of death or another location, before making his report to the Chief Medical Examiner.
Patron - Deeds

C SB672

Certificate of public need; certain request for applications. Requires the Commissioner of Health to issue a Request For Applications for 90 new nursing facility beds in Planning District 9 no later than October 1, 2008.
Patron - Houck

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General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Health

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