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2008 SESSION

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Senate Committee on Education and Health
Subcommittee Health Licensing

Quayle (Chairman), Lucas, Martin, Edwards, Northam

Clerk: Jocelyn R. Lance
Staff: Jessica Eades, Brenda Edwards
Date of Meeting: February 25, 2008
Time and Place: Monday, 1/2 hr. after Senate adjourns, 3rd Fl East, G.A.B.

H.B. 191 Emergency medical services; temporary suspension of permits and certificates pending hearing.

Patron: Orrock

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.

H.B. 398 Certificate of public need; relocation of nursing home beds.

Patron: Hamilton

Certificate of public need; relocation of nursing home beds.  Exempts form the definition of "project" any relocation (i) of up to 10 beds or 10% of beds, whichever is less, from on 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.

H.B. 819 Nursing facilities; those in continuing care retirement communities to participate in program.

Patron: Albo

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.

H.B. 1128 Pharmacists; continuing education requirements.

Patron: Jones, S.C.

Board of Pharmacy; continuing education.  Allows the Board of Pharmacy to require two of the currently required 15 hours of continuing education to be in a specific subject area and exempts this requirement from the Administrative Process Act.  Also allows the Board to determine, in regulation, the number of continuing education hours required for inactive status.

H.B. 1222 Charitable medical events; lack of notice to licensing board.

Patron: Bowling

Charitable medical events; lack of notice.  Amends criteria which a practitioner of the healing arts must meet in order to render free health care to an underserved population of Virginia, to require that the practitioner to notify the Board of the dates and location of services provided at least 5 business days prior to the voluntary provision of services.  This bill also provides that the board shall allow a practitioner of the healing who meets the statutory criteria to provide volunteer services without prior notice for a period of up to three days, provided the nonprofit organization verifies that the practitioner has a valid, unrestricted license in another state. 

H.B. 1498 Nursing home or facility beds; Health Commissioner may accept and issue applications therefor.

Patron: Kilgore

Commissioner to issue a Request For Applications, and to accept applications for 120 new nursing home or nursing facility beds in Planning District 3. 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, that an applicant 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.

H.B. 1532 Nursing home beds; Health Commissioner may accept applications & issue certificates of public need.

Patron: Hogan

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.