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2005 SESSION

050689768
SENATE BILL NO. 742
Offered January 12, 2005
Prefiled January 5, 2005
A BILL to amend the Code of Virginia by adding a section numbered 32.1-323.2, relating to medical assistance; employer information.
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Patron-- Miller
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Referred to Committee on Education and Health
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Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 32.1-323.2 as follows:

§ 32.1-323.2. Application for health care benefits; Department to report on employer information.

A. The Department of Medical Assistance Services shall require any applicant for health care benefits under public health programs, including the state plan for medical assistance services under § 32.1-325, the State/Local Hospitalization Plan under Chapter 12 (§ 32.1-343 et seq.), and the Family Access to Medical Insurance Security Plan under Chapter 13 (§ 32.1-351 et seq.), to identify the employer of the proposed beneficiary of the health care benefit. In the event the proposed beneficiary is not employed, the applicant shall identify the employer of any adult who is responsible for providing all or some of the proposed beneficiary's support.

B. By November 15 of each year, the Department of Medical Assistance Services shall prepare and submit a report to the Governor and General Assembly for publication as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports. The report shall identify all employers and its subsidiaries at all locations within the state who pursuant to the application requirements in subsection A employ 25 or more public health program beneficiaries. The report shall include each employer's name and, as appropriate, the names of its subsidiaries that employ public health program beneficiaries, location, the total number of its employees and dependents who are enrolled in each health care program, and the total cost to the Commonwealth of providing health care benefits for the employees and enrolled dependents of each named employer. The report shall not include the names of any individual public health program beneficiaries and shall be subject to the privacy standards of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. § 1320d et seq.), as amended. 

C. For purposes of this section, "proposed beneficiary" means (i) any individual who files an application for health care benefits for himself or (ii) any other individual on whose behalf an application for health care benefits is filed, including children or other dependents of the applicant or other individual for whom the application is filed.