2013 SESSION

Convened January 9, 2013
Adjourned sine die February 23, 2013
Reconvened April 3, 2013
Adjourned sine die April 3, 2013

HEALTH

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over from 2012 Session (CD) Carried over but died in committee on or before 11/29/2012

Abortion; eliminates requirement that pregnant woman undergo mandatory transabdominal ultrasound prior to procedure. Amending § 18.2-76. (Patron-Filler-Corn, HB 1775 (F); Northam, SB 1332 (F))

Abortion; no physician shall be subject to civil penalty for failure to perform or supervise performance of ultrasound imaging. Amending § 18.2-76. (Patron-Filler-Corn, HB 1776 (F))

Abortion; removes requirement that a woman undergo transabdominal ultrasound prior to procedure. Amending § 18.2-76. (Patron-Kory, HB 1560 (F); Northam, SB 1082 (F))

Abortion; repeals section authorizing Board of Health to fund for women who meet financial eligibility criteria of State Plan for Medical Assistance. Repealing § 32.1-92.2. (Patron-Garrett, SB 826 (F))

Abortion, forced or coerced; prohibited, penalty. Adding § 18.2-71.2. (Patron-Smith, SB 277 (CD))

Accident and sickness insurance, individual; open enrollment program. Amending §§ 32.1-352, 38.2-508, 38.2-3432.3, 38.2-3444, 38.2-4229.1, and 58.1-2501; repealing § 38.2-4216.1. (Patron-Kilgore, HB 1784 (Chapter 210); Watkins, SB 780 (Chapter 136))

Aging and Rehabilitative Services, Department for; services for individuals with Alzheimer’s disease and related disorders and their caregivers. Amending § 51.5-152. (Patron-Ruff, SB 953 (Chapter 376))

Asbestos, Lead, and Home Inspectors, Virginia Board for; notice to asbestos workers, grounds for disciplinary action. Amending § 54.1-516.1; adding §§ 54.1-515.1 and 54.1-516.2. (Patron-Ebbin, SB 871 (F))

Asbestos, Lead, and Home Inspectors, Virginia Board for; renewal of asbestos contractors licenses. Amending § 54.1-516.1; adding §§ 54.1-515.1 and 54.1-516.2. (Patron-Ramadan, HB 1851 (F))

Asbestos workers; requires Commissioner of Labor and Industry to maintain registry of complaints alleging existence or imminent threat of an asbestos violation. Amending §§ 40.1-51.26 and 40.1-51.31; adding § 40.1-51.27:1. (Patron-Favola, SB 483 (CD))

Assisted living facilities; self-administration of medications by residents. Amending § 63.2-1732. (Patron-Hanger, SB 708 (F))

Autism and autism spectrum disorders; Joint Commission on Health Care to study service needs for individuals transitioning from secondary schools. (Patron-Northam, SJR 330 (P))

Birth control; definition. Amending § 54.1-2900. (Patron-Watts, HB 1644 (F); McEachin, SB 783 (F))

Breach of medical information; extends requirement to notify individuals of breach to all individuals and public and private entities. Amending § 32.1-127.1:05. (Patron-Barker, SB 214 (CD))

Breast cancer awareness and prevention; local health departments to provide to State Health Commissioner detailed report on efforts to promote. (Patron-McQuinn, HJR 762 (P))

Certificate of public need; clarifies when Commissioner of Health shall accept and may approve certain applications. Amending §§ 32.1-102.3:2 and 32.1-276.5; adding §§ 32.1-102.3:7 and 32.1-102.3:8. (Patron-Orrock, HB 2292 (Chapter 515))

Certificate of public need; Commissioner may accept requests for and approve amendments to conditions of existing certificates related to medical care in underserved areas. Amending § 32.1-102.4. (Patron-Reeves, SB 942 (Chapter 460))

Certificate of public need; continuing care retirement communities, admissions to nursing home beds. Amending § 32.1-102.3:2. (Patron-Toscano, HB 1975 (Chapter 433))

Certificate of public need; exemption from Request for Applications (RFAs) process. Amending § 32.1-102.3:2. (Patron-Orrock, HB 534 (CD))

Constitutional amendment; property tax exemption for nonprofit medical clinics serving indigent (first reference). Amending Section 6 of Article X. (Patron-Hope, HJR 573 (F))

Criminal history background record checks; clarifies list of barrier crimes for individuals seeking employment or seeking to provide contract services at nursing homes, home care organizations, etc. Amending §§ 15.2-914, 19.2-389, 19.2-392.02, 22.1-296.3, 32.1-162.9:1, 63.2-1702, 63.2-1704, 63.2-1717, 63.2-1720, 63.2-1721, and 63.2-1722 through 63.2-1726; adding §§ 32.1-162.15:1, 37.2-441, 37.2-442, 37.2-443, 63.2-1720.1, and 63.2-1721.1 through 63.2-1721.4; repealing §§ 32.1-126.01, 37.2-314, 37.2-408.1, 37.2-416, 37.2-506, 37.2-607, 63.2-901.1, 63.2-1601.1, and 63.2-1719. (Patron-Edwards, SB 868 (F))

Criminal history record information; State Board of Health to require checks on emergency medical services providers. Amending §§ 19.2-389 and 32.1-111.5. (Patron-Pogge, HB 1383 (Chapter 176); Carrico, SB 1288 (Chapter 407))

Dead bodies; Commonwealth shall pay cost of disposition. Amending § 32.1-288. (Patron-Garrett, SB 1322 (F))

Dead bodies; notification by sheriff, person, or institution having initial custody for disposition to next of kin to claim body within 30 days of receipt of such notice. Amending § 32.1-288. (Patron-Vogel, SB 931 (Chapter 373))

Dead bodies; requires court authorization for locality to pay reasonable expenses for disposition. Amending § 32.1-288. (Patron-Alexander, HB 1125 (CD))

Death certificate; timely return to funeral director. Amending § 32.1-263. (Patron-Cosgrove, HB 1796 (Chapter 799))

Driver’s licenses; participation in organ donor program. Amending §§ 32.1-292.2 and 46.2-342. (Patron-Plum, HB 1713 (F))

Eating disorders; each school board shall annually provide parent educational information concerning pupils in grades five through 12. Adding § 22.1-273.2. (Patron-Bell, Richard P., HB 1406 (Chapter 715))

Elections; identification to register to vote and present at polls. Amending §§ 24.2-418, 24.2-643, 24.2-653, 24.2-701, 32.1-252, and 32.1-273; adding §§ 24.2-643.1 and 46.2-345.1. (Patron-Bell, Robert B., HB 1788 (I) See HB1337)

Emergency medical services; Board of Health to develop certain policies related to statewide providers, report. (Patron-Orrock, HB 1856 (Chapter 429))

Emergency medical services providers; Board of Health shall prescribe regulation procedures and qualifications required for certification and recertification. Amending §§ 32.1-111.5, 63.2-1509, and 63.2-1606. (Patron-Pogge, HB 1622 (Chapter 72); Stuart, SB 790 (Chapter 331))

Estate tax; reinstates for persons dying on or after July 1, 2013. Amending §§ 32.1-127, 58.1-901, 58.1-902, 58.1-905, and 58.1-912. (Patron-Watts, HB 1457 (F))

Exhumations; requires that party petitioning court to provide sworn statement that sets forth certain facts. Amending § 32.1-286. (Patron-Stuart, SB 916 (Chapter 370))

Family health care structures, temporary; zoning provisions, extends time structure from 30 to 60 days from date which structure was last occupied by mentally or physically impaired person. Amending § 15.2-2292.1. (Patron-Pogge, HB 1419 (Chapter 178))

Food deserts; Secretary of Health and Human Resources to explore and recommend strategies to eliminate in State. (Patron-McQuinn, HJR 646 (F))

Health benefit exchange; regulation of navigators, definition of “other affordable care options”, report. Adding §§ 38.2-3447 and 38.2-3448. (Patron-O’Bannon, HB 2246 (Chapter 595))

Health benefit exchange; regulation of navigators, report. Adding §§ 38.2-3447 and 38.2-3448. (Patron-Puckett, SB 1261 (Chapter 791))

Health care; Joint Commission on Health Care to study factors affecting costs. (Patron-O’Bannon, HJR 687 (P))

Health care providers; submitting health insurance claims. Adding § 8.01-27.5. (Patron-McEachin, SB 707 (Chapter 700))

Health care records; increases maximum copying fee that a health care provider may charge. Amending § 8.01-413. (Patron-Habeeb, HB 1352 (F))

Health information technology; access to data by health benefit exchange participants. Amending §§ 2.2-2699.6 and 2.2-2699.7. (Patron-McClellan, HB 1873 (F))

Health insurance; authorizes State Corporation Commission to establish state plan management partnership exchange. Amending §§ 32.1-16, 32.1-137.2, 32.1-321.1, 38.2-4214, 38.2-4319, 38.2-4509, and 63.2-206; adding §§ 38.2-316.1 and 38.2-326. Emergency. (Patron-Herring, SB 1084 (I) See SB922)

Health insurance; contraception coverage by insurers, corporations, or health maintenance organizations providing contracts and policies. (Patron-Marshall, R.G., HB 1314 (F))

Health insurance; contraception coverage provided only at request of subscriber or enrollee. (Patron-Marshall, R.G., HB 1315 (F))

Health insurance; diagnostic procedures resulting from preventive care or screening. Adding § 38.2-3442.1. (Patron-Filler-Corn, HB 705 (CD))

Health insurance; prohibits health carrier from imposing cost-sharing requirements with respect to any diagnostic service, test, etc. Adding § 38.2-3442.1. (Patron-Filler-Corn, HB 2024 (F))

Health insurance; State Corporation Commission, et al., to perform plan management functions for participation in federal health benefit exchange established by Secretary of U.S. Department of Health and Human Services, review and approval of premium rates. Amending §§ 32.1-16, 32.1-137.2, 38.2-4214, 38.2-4319, and 38.2-4509; adding §§ 38.2-316.1 and 38.2-326. (Patron-Kilgore, HB 1769 (Chapter 670); Watkins, SB 922 (Chapter 679))

Health insurance; time limit on submitting claims. Amending §§ 38.2-3407.15, 38.2-3503, and 38.2-3536. (Patron-Scott, J.M., HB 980 (CD))

Higher educational institutions; required to notify parents that student may be suicidal. Amending § 23-9.2:3. (Patron-Petersen, SB 624 (CD))

Home care organizations; applicant for initial license to submit proof of sufficient initial reserve operating funds. Amending § 32.1-162.9. (Patron-Hodges, HB 2189 (Chapter 505))

Home care organizations; clarifies liability insurance coverage requirements. Amending §§ 32.1-162.9 and 32.1-162.11. (Patron-Head, HB 1445 (Chapter 184))

Hospitals; classification of certain facilities in which abortions are performed. Amending § 32.1-127. (Patron-Hope, HB 2182 (F); Hope, HB 2183 (F); Herring, SB 1115 (F))

Hospitals; design and construction standards for certain facilities in which abortions are performed. Amending § 32.1-127. Emergency. (Patron-Sickles, HB 2163 (F); Herring, SB 1116 (F))

Hospitals and physicians; processing health insurance claims. Adding §§ 8.01-27.5, 32.1-137.02, and 54.1-2910.02. (Patron-McEachin, SB 650 (CD))

Human papillomavirus vaccine; eliminates requirement of vaccination for female children. Amending § 32.1-46. (Patron-Byron, HB 1112 (CD))

Human papillomavirus vaccine; required for all children. Amending § 32.1-46. (Patron-Hope, HB 1614 (F))

Impaired health care providers; amends definition of impairment. Amending § 54.1-2515. (Patron-Jones, HB 1289 (CD); Vogel, SB 634 (CD))

Income tax, state; increases long-term care insurance credit. Amending § 58.1-339.11. (Patron-Garrett, HB 505 (CD); Newman, SB 341 (CD))

Inmates; Director of Department of Corrections to develop procedures for identifying those who may be eligible for medical assistance. Amending §§ 32.1-320 and 53.1-10. (Patron-Sickles, HB 2324 (F))

Inmates; eligibility for medical assistance. Adding § 32.1-325.04. (Patron-Hope, HB 1407 (F))

Interstate Health Care Compact; established. Adding § 32.1-370. (Patron-Peace, HB 264 (CD))

Long-term health care insurance; for taxable years beginning on or after January 1, 2014, tax credit shall not be allowed if individual claimed federal income tax deduction. Amending § 58.1-322; repealing § 58.1-339.11. (Patron-Jones, HB 2047 (Chapter 801))

Lyme disease; every licensee or his in-office designee who orders laboratory test for presence of disease shall provide certain written information to patient, sunset provision. Adding § 54.1-2963.2. (Patron-Comstock, HB 1933 (Chapter 215))

Lyme disease; physicians to disclose information to patients, licensees shall be immune from civil liability. Adding § 54.1-2963.2. (Patron-Black, SB 971 (F))

Mammography; provider must notify patient about dense breast tissue. Amending § 32.1-229. (Patron-Filler-Corn, HB 1778 (Chapter 282))

Mandated health insurance; benefits not applicable if exceed essential benefits package. Adding § 38.2-3406.3. (Patron-Wagner, SB 518 (CD))

Marriage license; requires an officer issuing license to contact State Registrar of Vital Records to confirm that neither applicant for license is currently married and to disclose that information to officer. Amending §§ 20-14, 32.1-252, 32.1-267, and 32.1-271. (Patron-Reeves, SB 901 (F))

Medicaid; appeals of agency determinations regarding overpayments. Amending § 32.1-325.1. (Patron-Minchew, HB 918 (CD); Ruff, SB 426 (CD))

Medicaid; Director of Department of Medical Assistance Services to develop and implement long-term care system. Adding §§ 32.1-331.18 through 32.1-331.25. (Patron-Martin, SB 659 (CD))

Medicaid; Director of Department of Medical Assistance Services to develop and implement statewide, fully integrated managed care long-term care program. Adding §§ 32.1-331.18 through 32.1-331.22. (Patron-McWaters, SB 1088 (F))

Medicaid; expands class of recipients in State to include those meeting criteria in federal Patient Protection and Affordable Care Act. (Patron-Wagner, SB 1329 (F))

Medical assistance fraud investigations; authorizes Attorney General or his authorized representative to serve subpoenas in fraud cases. Amending § 32.1-320. (Patron-Garrett, SB 949 (F))

Medical assistance services; directs Department of Medical Assistance Services to develop and maintain database of all health care providers currently eligible for reimbursement. Amending § 32.1-325. (Patron-Black, SB 973 (F))

Medical assistance services; duties of Attorney General. Amending § 32.1-320. (Patron-Vogel, SB 1186 (Chapter 538))

Medical assistance services; Governor to work together with General Assembly to extend program. (Patron-Hope, HR 129 (F))

Medical data in an electronic or digital format; limitations on use, storage, sharing, and processing, etc. Adding § 32.1-276.4:1. (Patron-Martin, SB 1275 (F))

Medical doctors; Joint Commission on Health Care to study current and impending severe shortage in State. (Patron-Purkey, HJR 689 (P))

Medical Fraud Control Unit; Attorney General to appoint investigators. Amending §§ 9.1-101 and 18.2-308; adding § 32.1-320.1. (Patron-Obenshain, SB 439 (CD))

Medical malpractice; amends discovery rule, which triggers running of statute of limitations in cases involving diagnosis of malignant tumor or cancer. Amending § 8.01-243. (Patron-McClellan, HB 1874 (F))

Medical waste; repeals certain provisions regarding permitting of infectious waste incinerators by State Air Pollution Control Board and Waste Management Board. Repealing §§ 3 and 4 of Chapters 751, 773, and 774, 1992 Acts. (Patron-Black, SB 1055 (Chapter 632))

Medications; administration by employees or contract service providers of providers licensed by Department of Behavioral Health and Developmental Services. Amending §§ 8.01-225 and 54.1-3408. (Patron-O’Bannon, HB 1444 (Chapter 183))

Military personnel, active duty; Department of Medical Assistance Services to designate certain waiver slots for dependents. (Patron-Miller, SB 1079 (F))

Motor vehicle insurance; assignment of medical expense benefits to assignor’s health care provider. Amending § 38.2-2201. (Patron-Kilgore, HB 1655 (Chapter 75))

Movable Soccer Goal Safety Act; created, report. Adding §§ 32.1-370 through 32.1-373. (Patron-Vogel, SB 933 (Chapter 375))

Nursing home patients; notice to State Long-Term Care Ombudsman when patient is involuntarily transferred or discharged. Amending § 32.1-138.1. (Patron-Hope, HB 159 (CD))

Nursing home patients; written notice to patient in accordance with federal law, notice of discharge or transfer to State Long-Term Care Ombudsman. Amending § 32.1-138.1. (Patron-O’Bannon, HB 1087 (CD))

Nursing homes; Board of Health shall promulgate regulations governing implementation of voluntary electronic monitoring in residents’ rooms. (Patron-Spruill, HB 2130 (Chapter 674); Blevins, SB 974 (Chapter 682))

Nursing homes; involuntary discharge notification. Amending § 32.1-138.1. (Patron-Howell, SB 92 (CD))

Nursing homes, certified nursing facilities, and assisted living facilities; notice of liability insurance coverage, rights of residents. Amending §§ 32.1-127, 63.2-1805, and 63.2-1808. (Patron-Stanley, SB 750 (Chapter 320))

Nursing homes, certified nursing facilities, and assisted living facilities; notice of liability insurance coverage to patients and residents. Amending §§ 32.1-127, 32.1-138, 63.2-1805, and 63.2-1808. (Patron-Stanley, SB 869 (I) See SB750)

Onsite sewage systems; Board of Health to promulgate regulations for chamber and bundled expanded polystyrene effluent distribution systems. Emergency. (Patron-Scott, E.T., HB 1726 (Chapter 202))

Patient assistance programs; Virginia Department of Health shall convene work group to develop recommendations regarding those for specialty drug needs. (Patron-Puller, SB 945 (F))

Physician Loan Repayment Program; extends eligibility to graduates of accredited medical schools who are currently employed in a geriatrics fellowship. Amending § 32.1-122.6:1. (Patron-Stolle, HB 1588 (Chapter 255))

Polling places; identification required to vote. Amending §§ 24.2-643, 24.2-653, 24.2-701, 32.1-252, and 32.1-273; adding §§ 24.2-643.1 and 46.2-345.1. (Patron-Bell, Robert B., HB 1787 (I) See HB1337)

Practitioners; suspension or revocation of license, registration or certificate by health regulatory board of Department of Health Professions, practice pending appeal. Adding § 54.1-2408.3. (Patron-Garrett, HB 1791 (Chapter 115))

Primary health care personnel; Joint Commission on Health Care to study feasibility of developing program for training and utilization to extend reach of primary care services and reduce health care costs in State. (Patron-Hope, HJR 571 (F))

Prisoners; Governor to establish compact with other states for control of those receiving emergency medical, dental, and psychiatric care outside of Virginia. Adding § 53.1-133.10. (Patron-Puckett, SB 818 (Chapter 138))

Public schools; possession and administration of epinephrine by employees of local governing bodies and employees of local health departments. Amending §§ 8.01-225, 22.1-274.2, and 54.1-3408. Emergency. (Patron-Greason, HB 1468 (Chapter 336); Howell, SB 893 (Chapter 617))

Public schools; possession and administration of epinephrine by local health department employee. Amending §§ 8.01-225, 22.1-274.2, and 54.1-3408. (Patron-Kory, HB 1321 (F))

Radiology benefits managers; requires any decision to deny physician’s order for diagnostic radiology test be made by a physician. Amending §§ 32.1-137.10 and 54.1-2903; adding § 38.2-3407.10:1. (Patron-Hope, HB 398 (CD))

Revised Uniform Anatomical Gift Act; removal of donated tissue, membership on Virginia Transplant Council. Amending §§ 32.1-291.14 and 32.1-297.1. (Patron-Tata, HB 1741 (F))

Sewage systems; clarifies that betterment loans may be used for conventional onsite, alternative onsite, etc., systems. Amending §§ 32.1-163, 32.1-164.1:01, and 32.1-164.1:2. (Patron-Lingamfelter, HB 1505 (F))

Sex-selective abortions; penalty for person who performs. Amending § 18.2-76; adding § 18.2-71.2. (Patron-Marshall, R.G., HB 1316 (F))

Smoking; state plan for medical assistance shall include provision for payment for counseling and pharmacotherapy for cessation of tobacco use. Amending § 32.1-325. (Patron-Krupicka, HB 1513 (F))

Southwest Virginia Health Authority; clarifies definition of hospital or health center, powers of Authority, report. Amending §§ 15.2-5369, 15.2-5374, and 15.2-5376. (Patron-Puckett, SB 1347 (Chapter 660))

State partnership health benefit exchange; State Corporation Commission to contract with and enter into memoranda of understanding with U.S. Department of Health and Human Services or any other state or federal agency as may be required. Amending §§ 32.1-16, 32.1-137.2, 32.1-321.1, 38.2-4214, 38.2-4319, 38.2-4509, and 63.2-206; adding §§ 38.2-316.1 and 38.2-326. Emergency. (Patron-Hope, HB 1664 (F))

Students; care of those who have been diagnosed with diabetes. Amending §§ 8.01-225, 22.1-274, and 54.1-3408; adding § 22.1-274.01:1. (Patron-Cole, HB 1377 (F))

Ultrasound imaging; no law or regulation of State shall require for nonmedical reasons. Adding § 54.1-2910.4. (Patron-Favola, SB 1080 (F))

Unborn children; construing the word “person” under Virginia law to include. (Patron-Marshall, R.G., HB 1 (CD))

Uranium; establishes process for Department of Mines, Minerals and Energy to issue permits for mining of uranium ore, report. Amending §§ 32.1-39, 32.1-176.3, 32.1-228.1, 32.1-248, and 45.1-274; adding §§ 13.1-1300 through 13.1-1313, 32.1-176.8, 35.1-17.1, and 45.1-285.11 through 45.1-285.41. (Patron-Miller, HB 2330 (F); Watkins, SB 1353 (F))

Virginia Health Benefit Exchange; created, report. Adding §§ 38.2-6400 through 38.2-6415. (Patron-Watkins, SB 496 (CD))

Virginia Health Benefit Exchange; created, report. Amending §§ 38.2-4214, 38.2-4319, and 38.2-4509; adding §§ 38.2-316.1 and 38.2-6400 through 38.2-6416. (Patron-Watkins, SB 924 (F))

Virginia Indoor Clean Air Act; prohibits smoking in health care facilities. Amending § 15.2-2824. (Patron-Howell, A.T., HB 2309 (F))

Virginia Initiative for Employment Not Welfare (VIEW) Program; substance abuse screening and assessment of public assistance applicants and recipients, formal assessment by practitioner licensed by Department of Health Professions. Adding § 63.2-608.1. (Patron-Bell, Robert B., HB 1789 (F))

Virginia Initiative for Employment Not Welfare (VIEW) Program; substance abuse screening and assessment of public assistance applicants and recipients performed by representative of local department of social services, formal assessment by practitioner licensed by Department of Health Professions. Adding § 63.2-608.1. (Patron-Cline, HB 2009 (F))

Virginia Pain-Capable Unborn Child Protection Act; created, penalty. Adding §§ 18.2-76.3 through 18.2-76.13. (Patron-Anderson, HB 1285 (CD))

Virginia Public Health Foundation; established, report. Adding §§ 2.2-2738 through 2.2-2744. (Patron-Orrock, HB 814 (CD))

Virginia Residential Property Disclosure Act; disclosure of methamphetamine laboratory by owner of residential property, remedy for nondisclosure. Amending § 32.1-11.7; adding §§ 55-225.16, 55-248.12:3, and 55-519.3. (Patron-Gilbert, HB 1615 (Chapter 557))

Virginia Workers’ Compensation Act; payments to providers of health care services. Amending §§ 65.2-605 and 65.2-714; adding §§ 65.2-605.1 and 65.2-605.2. (Patron-Ware, R.L., HB 2206 (F))

Vital records; DMV authorized to access records and issue certified copies, fees, penalty. Amending §§ 32.1-252, 32.1-270, 32.1-272, 32.1-273, and 32.1-276. (Patron-Newman, SB 1039 (Chapter 534))

Volunteer Rescue Squads, Virginia Association of; required to submit an annual financial report on use of funds received from special emergency medical services fund to State Emergency Medical Services Advisory Board Executive Committee. Amending § 32.1-111.13. (Patron-O’Bannon, HB 2315 (Chapter 517))

Workers’ compensation; fee schedule for medical care services and prompt payment. Amending § 65.2-605; adding § 65.2-605.1. (Patron-Hugo, HB 1612 (F))