SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2006 SESSION

  • print version
Senate Committee on Education and Health
Subcommittee Health Care

Whipple (Chairman), Saslaw, Martin, Newman, Bell

Clerk: Hobie Lehman
Staff: Norma Szakal,Nicole Seeds
Date of Meeting: February 21, 2006
Time and Place: 8:30 AM 3rd Floor West Conference Room, General Assembly Building

H.B. 381

Patron: Suit

Certificate of public need; authorization of certain amendment. Authorizes, notwithstanding the provisions of the moratorium on nursing home bed construction or additions that was in effect until July 1, 1996, or the provisions of two previous authorizations for amendments to the relevant certificate, the Commissioner of Health to accept and approve a request to amend the conditions of a certificate of public need issued as an exception to a former restriction on filing applications for nursing home bed projects. The bill authorizes the facility to request an amendment to its previous certificate of public need to admit persons, other than residents of the cooperative units, to its nursing home facility beds. The facility must be: (i) operated by an association described in § 55-458; (ii) created in connection with a real estate cooperative; and (iii) providing its residents a level of nursing services consistent with the definition of continuing care in Chapter 49 (§ 38.2-4900 et seq.) of Title 38.2. This bill applies to one facility to which the original certificate of public need was issued prior to October 3, 1995. The certificate shall expire no later than June 30, 2009.

A BILL to authorize an amendment to a certain certificate of public need.

064767520

H.B. 577

Patron: Nixon


Residential placements of children; reimbursement restrictions; regulatory requirements for licensure; reporting and other regulations.  Requires the Boards and Departments of Education, Juvenile Justice, Mental Health, Mental Retardation and Substance Abuse Services, and Social Services to promulgate regulations that require, as a condition of initial licensure of, and, if appropriate, license renewal, that the applicant (i) be personally interviewed by Department personnel to determine the qualifications of the owner or operator before granting an initial license; (ii) provide evidence of having relevant prior experience before any initial license is granted; (iii) provide, as a condition of initial license or renewal licensure, evidence of staff participation in training on appropriate siting of the residential facilities for children, good neighbor policies, and community relations; (iv) be required to screen residents prior to admission to exclude individuals with behavioral issues, such as histories of violence, that cannot be managed in the relevant residential facility.  In addition, the departments must notify relevant local governments and placing and funding agencies, including the Office of Comprehensive Services, of multiple health and safety or human rights violations in residential facilities for which the Department serves as lead licensure agency when such violations result in the lowering of the licensure status of the facility to provisional; post on the Department's website information concerning the application for initial licensure of or renewal, denial, or provisional licensure of any residential facility for children located in the locality; require all licensees to self-report lawsuits against or settlements with residential facility operators relating to the health and safety or human rights of residents and any criminal charges that may have been made relating to the health and safety or human rights of residents; and require proof of contractual agreements or staff expertise to provide educational services, counseling services, psychological services, medical services, or any other services needed to serve the residents in accordance with the facility's operational plan; and modify the term of the license based on a change in compliance. The Department of Social Services will be given the additional responsibility for disseminating or posting an accurate list of licensed and operating group homes and other residential facilities for children by locality with information on services and identification of the lead licensure agency. 

In the event a group home or residential facility has its licensure status lowered to provisional as a result of multiple violations, all children placed there must be assessed to determine whether it is in the best interests of each child to be removed from the facility and additional placements are prohibited until full licensure status has been restored. The local CSA entities must also provide rationales and documentation for placements across jurisdictional lines; and notifications to school divisions of placements across jurisdictional lines.

A second enactment requires emergency regulations for the licensure and certification requirements and a third enactment requires that the emergency regulations include provisions addressing HB 2461 (2005) and SB 1304 (2005).  This bill is a recommendation of the Joint Subcommittee Studying Private Youth and Single Family Group Homes pursuant to HJR 685 (2005).

A BILL to amend and reenact §§ 22.1-323.2, 37.2-408, 63.2-1737, and 66-24 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 2.2-5211.1, relating to regulatory requirements for the licensure of, placements in, and reimbursement of certain residential facilities for children.

064778432

H.B. 774

Patron: Nixon

Community services boards and behavioral health authorities; joint agreements. Allows for joint agreements between two or more community services boards or behavioral health authorities for the purpose of (i) providing treatment, habilitation, or support services for consumers with specialized and complex service needs and associated managerial, operational, and administrative services and support, and (ii) promoting clinical, programmatic, or administrative effectiveness. The bill also allows for an administrator or management body to coordinate the activities of the joint agreement, and gives this administrator or body various powers and duties, including accepting funds from various public and private sources, hiring staff, and entering into service contracts on behalf of the community services boards and behavioral health authorities subject to the agreement.

A BILL to amend and reenact § 2.2-4343 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5 of Title 37.2 a section numbered 37.2-512 and in Chapter 6 of Title 37.2 a section numbered 37.2-615, relating to joint agreements between community services boards and behavioral health authorities.

064739432

H.B. 1391

Patron: Hogan

Virginia Congenital Anomalies Reporting and Education System.  Requires the Commissioner of the Department of Health to provide for a secure system to collect data relating to congenital anomalies. The system may include online data entry and shall comply with federal and state security and privacy requirements. The bill specifies a minimum data set to be collected. It deletes current reporting requirements concerning the parent's service in Vietnam and possible exposure to Agent Orange.

A BILL to amend and reenact § 32.1-69.1 of the Code of Virginia, relating to the Virginia Congenital Anomalies Reporting and Education System.

063857324