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2021 SESSION

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Senate Committee on Commerce and Labor

Chair: Richard L. Saslaw

Clerk: Hobie Lehman
Staff: Marvi Ali, Thomas Stevens
Date of Meeting: January 18, 2021
Time and Place: 15 min. after adjourn/SR West/Public register to speak GA website
Update: Interview SCC pro tem Commissioner

S.B. 1159

Patron: Favola

Use sick leave for the care of immediate family members. Requires employers with a sick leave program to allow an employee to use his sick leave for the care of an immediate family member. The measure applies only to employers that have 25 or more employees and that provide paid sick leave that allows an employee to be absent from work in the event of the employee's own incapacity, illness, or injury. The measure applies only to employees who work at least 30 hours per week, and it caps the amount of sick leave that may be used for the care of immediate family members at five days per calendar year.

A BILL to amend the Code of Virginia by adding a section numbered 40.1-28.6:1, relating to the ability of employees to use sick leave for the care of immediate family members.

21100619D

S.B. 1182

Patron: Surovell

Motor vehicle liability insurance coverage limits. Increases the motor vehicle liability insurance coverage amounts from $25,000 to $50,000 in cases of bodily injury to or death of one person, from $50,000 to $100,000 in cases of bodily injury to or death of more than one person in any one accident, and from $20,000 to $40,000 for damage to property of others as a result of any one accident. The bill requires that self-insured operators of taxicabs maintain protection against uninsured and underinsured drivers with the current limits of $25,000, $50,000, and $20,000, respectively. The bill applies to policies issued or renewed on or after January 1, 2022.

A BILL to amend and reenact §§ 46.2-419, 46.2-472, and 46.2-2057 of the Code of Virginia, relating to motor vehicle liability insurance coverage limits.

21100652D

S.B. 1195

Patron: Obenshain

Motor vehicle insurance; underinsured motor vehicle. Provides that a motor vehicle is underinsured when the total amount of bodily injury and property damage coverage applicable to the operation or use of the motor vehicle and available for payment for such bodily injury or property damage, including all bonds or deposits of money or securities, is insufficient to fully compensate any person injured as a result of the operation or use of the vehicle. Currently, a motor vehicle is underinsured when such coverage is less than the total amount of uninsured motorist coverage afforded any person injured as a result of the operation or use of the vehicle.

A BILL to amend and reenact § 38.2-2206 of the Code of Virginia, relating to motor vehicle insurance; underinsured motor vehicle.

21102246D

S.B. 1202

Patron: Petersen

Uninsured and underinsured motorist insurance policies; bad faith. Provides that if an insurance company denies, refuses, or fails to pay its insured, or refuses a reasonable settlement demand within the policy's coverage limits, for a claim for uninsured or underinsured motorist benefits within a reasonable time after being presented with a demand for such benefits and it is subsequently found that such denial, refusal, or failure was not in good faith, then the insurance company is liable to the insured for the full amount of the judgment and reasonable attorney fees, expenses, and interest.

A BILL to amend and reenact §§ 8.01-66.1 and 38.2-2206 of the Code of Virginia, relating to uninsured and underinsured motorist insurance policies; bad faith.

21100921D

S.B. 1219

Patron: Favola

Bureau of Insurance; paid family leave; report. Directs the State Corporation Commission's Bureau of Insurance (the Bureau) to review and make recommendations, including any necessary statutory and regulatory changes, to authorize the State Corporation Commission to approve the sale of individual and group paid family leave plans in Virginia. The bill requires the Bureau to also identify options and make recommendations for encouraging or incentivizing employers to voluntarily offer 12 weeks of paid family leave. The bill requires the Bureau to convene a stakeholder group to participate in the process, which is required to include representatives from the insurance industry and the business community, advocates for paid family leave, and other interested parties. The bill requires the Bureau to report its findings and recommendations to the Senate Committees on Commerce and Labor and Finance and Appropriations and the House Committees on Labor and Commerce and Appropriations by November 30, 2021.

A BILL to direct the Bureau of Insurance to review and make recommendations regarding paid family leave.

21101271D

S.B. 1225

Patron: Boysko

Broadband services; education. Authorizes school boards to appropriate funds for the purposes of promoting, facilitating, and encouraging the expansion and operation of broadband services for educational purposes. The bill authorizes school boards to partner with private broadband service providers to promote, implement, and subsidize broadband for educational purposes to the households of students who would qualify for (i) a child nutrition program or (ii) any other program recognized or adopted by the local school board as a measuring standard to identify at-risk students.

A BILL to amend the Code of Virginia by adding in Article 5 of Chapter 9 of Title 15.2 a section numbered 15.2-986 and by adding a section numbered 22.1-79.9, relating to promotion of broadband service for educational purposes.

21101489D

S.B. 1228

Patron: Boysko


Virginia Equal Pay Act; civil penalties. Prohibits public and private employers from discriminating between employees on the basis of membership in a protected class in the payment of wages or other compensation, including benefits, by paying wages or other compensation to employees who are members of a protected class at a rate less than the rate at which it pays wages or other compensation to employees who are not members of the protected class for substantially similar work. The measure also prohibits an employer from discriminating between employees by providing less favorable employment opportunities on the basis of membership in a protected class, limiting an employee's right to discuss wages, relying on the wage history of a prospective employee in considering the prospective employee for employment or determining the wages that the prospective employee is to be paid by the employer upon hire, or taking certain retaliatory actions against an employee. The measure also establishes criteria for when wage differentials between employees are permitted, but requires an employer to (i) provide a prospective employee with the wage range for the position for which the prospective employee is applying upon request or prior to inquiring about the prospective employee's wage expectations or providing an offer of compensation and (ii) maintain records of the wages and wage rates, job classifications, and other terms and conditions of employment for a period of three years. The measure gives an employee who is the subject of a violation a right of action to recover, for certain violations, the greater of compensatory damages or $10,000, liquidated damages, punitive damages, and attorney fees. Violations are also subject to civil penalties.

A BILL to amend the Code of Virginia by adding in Chapter 3 of Title 40.1 an article numbered 1.2, consisting of sections numbered 40.1-28.13 through 40.1-28.17, and to repeal § 40.1-28.6 of the Code of Virginia, relating to the Virginia Equal Pay Act; civil penalties.

21100227D

S.B. 1255

Patron: Mason

State Corporation Commission; issuance or renewal of insurance licenses or registrations during an emergency. Authorizes the State Corporation Commission to temporarily suspend, authorize extensions of time, or waive requirements for the issuance or renewal of licenses or registrations related to insurance in the event of an emergency.

A BILL to amend and reenact § 38.2-200 of the Code of Virginia, relating to State Corporation Commission; issuance or renewal of insurance licenses or registrations during an emergency.

21101068D

S.B. 1269

Patron: McPike

Health insurance; authorization of drug prescribed for the treatment of a mental disorder. Requires that any provider contract between a carrier and a participating health care provider with prescriptive authority, or its contracting agent, provide that no prior authorization is required for any drug prescribed for the treatment of a mental disorder listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association if the prescription (i) is a covered benefit, (ii) does not exceed the U.S. Food and Drug Administration-labeled dosages, and (iii) has been continuously issued for no fewer than three months. The bill provides that this requirement does not prohibit a carrier from requiring step therapy for any drug that is not listed on its prescription drug formulary.

A BILL to amend and reenact § 38.2-3407.15:2 of the Code of Virginia, relating to health insurance; authorization of drug prescribed for the treatment of a mental disorder.

21101311D

S.B. 1276

Patron: McClellan

Essential health benefits; abortion coverage. Removes the prohibition on the provision of coverage for abortions in any qualified health insurance plan that is sold or offered for sale through a health benefits exchange established or operating in Virginia.

A BILL to amend and reenact § 38.2-3451 of the Code of Virginia, relating to health insurance; essential health benefits; abortion coverage.

21101217D

S.B. 1289

Patron: Surovell


Health insurance; provider contracts. Requires that each provider contract include provisions (i) requiring providers to provide health care services to enrollees in a manner similar to and within the same time availability in which the provider provides health care services to any other individual and (ii) prohibiting a provider from discriminating against any enrollee as a result of the enrollee's enrollment in a health plan or on the basis of the enrollee's race, color, creed, national origin, ancestry, religion, sex, marital status, age, disability, payment source, state of health, need for health care services, status as a litigant except in cases where the enrollee claims medical malpractice by the provider, status as a Medicare enrollee, status as a medical assistance recipient, sexual orientation, or gender identity, or on any other basis prohibited by law. The bill prohibits a provider contract from requiring a provider to provide any type or kind of health care service to enrollees that it does not customarily provide to others. The bill provides that a provider that violates the anti-discrimination provisions may be subject to fines and other discipline from the provider's licensing authority and an enrollee injured as result of any discrimination is entitled initiate a civil action against the provider.

The bill also prohibits a provider contract from (a) directly or indirectly restricting the carrier from directing or steering enrollees to other health care providers or offering incentives to encourage enrollees to utilize specific providers; (b) requiring the carrier to enter into any additional contract with an affiliate of the provider as a condition of entering into a contract with such provider or to agree to payment rates or other terms for any affiliate not party to the contract of the provider involved; or (c) restricting other carriers not party to the contract from paying a lower rate for items or services than the contracting plan or issuer pays for such items or services.

The bill prohibits a provider from terminating or failing to renew the contractual relationship with a carrier, or any provider contract, or otherwise penalize any carrier, for invoking any of the carrier’s rights. The bill also provides that a provider or carrier injured as a result of a violation or threatened violation of any provision governing carrier business practices is entitled to injunctive relief against any and all violators or persons threatening violation.

The bill requires a provider contract to permit a provider a maximum of 90 days from the date a health care service is rendered to submit a claim for payment. The bill requires carriers to supply fee schedules in writing and in machine-readable electronic format and to provide the complete fee schedule applicable to the provider for each health plan in which the provider participates or is proposed to participate. The bill requires that amendments to a provider contract be presented in a manner so as to allow the provider to easily identify the specific terms being proposed for amendment and that proposed amendments be formatted to clearly identify the changes to the language of the agreement.

 

A BILL to amend and reenact § 38.2-3407.15 of the Code of Virginia, relating to health insurance; carrier business practices; provider contracts.

21101825D

S.B. 1310

Patron: McClellan

Employment; domestic service; Human Rights Act. Provides that individuals who are engaged in providing domestic service are not excluded from employee protection laws, laws regarding the payment of wages, and the Virginia Workers' Compensation Act. The measure also provides that the prohibitions on nondiscrimination in employment of the Virginia Human Rights Act apply to employers that employ one or more domestic workers.

A BILL to amend and reenact §§ 2.2-3905, 40.1-2, 40.1-29, 40.1-49.3, 40.1-49.8, 65.2-101, and 65.2-305 of the Code of Virginia, relating to the employees providing domestic service; the Virginia Human Rights Act; application of laws applicable to employee safety and workers' compensation.

21102808D

S.B. 1330

Patron: Boysko

Paid family and medical leave program. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave program with benefits beginning January 1, 2024. Under the program, benefits are paid to eligible employees for family and medical leave. Funding for the program is provided through premiums assessed to employers and employees beginning in 2023. The amount of a benefit is 80 percent of the employee's average weekly wage, not to exceed 80 percent of the state weekly wage, which amount is required to be adjusted annually to reflect changes in the statewide average weekly wage. The measure caps the duration of paid leave at 12 weeks in any application year. The bill provides self-employed individuals the option of participating in the program.

A BILL to amend the Code of Virginia by adding in Title 60.2 a chapter numbered 8, consisting of sections numbered 60.2-800 through 60.2-820, relating to the establishment of family and medical leave insurance program; financing through payroll taxes.

21102786D

S.B. 1341

Patron: Barker


Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage, including employer members with at least one employee that is domiciled in the Commonwealth and self-employed individuals; (ii) membership in the association not be conditioned on any health status–related factor; (iii) the coverage offered through the association be available to all members regardless of any health status–related factor; (iv) the association not make health insurance coverage offered through the association available other than in connection with a member of the association; and (v) premiums for the policy be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members.

The bill provides that any such policy (a) shall be considered a large group market plan subject to all coverage mandates applicable to a large group market plan, (b) shall be subject to the group health plan coverage requirements under the federal Patient Protection and Affordable Care Act, (c) shall be prohibited from denying coverage under the policy on the basis of a pre-existing condition, (d) shall be guaranteed issue and guaranteed renewable, (e) shall provide essential health benefits and cost-sharing requirements, and (f) shall offer a minimum level of coverage designed to provide benefits that are actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan.

The bill requires an insurer issuing such policy to an association to (1) treat all of the members and employees of employer members who are enrolled in coverage under the policy as a single risk pool; (2) set premiums on the basis of the collective group experience of the members and employees of employer members who are enrolled in coverage under the policy; (3) not vary premiums by age, except that the rate shall not vary by more than five to one for adults; (4) not vary premiums on the basis of gender; (5) not vary premiums on the basis of the health status of an individual employee of an employer member or a self-employed individual member; and (6) not establish discriminatory rules based on the health status of an employer member, an individual employee of an employer member, or a self-employed individual for eligibility or contribution.

Finally, the bill provides that the State Corporation Commission retains its regulatory authority over any such association health plan and may impose insurance requirements, as it deems appropriate.

A BILL to amend and reenact § 38.2-3521.1 of the Code of Virginia, relating to health insurance; association health plan for real estate salespersons.

21101123D

S.B. 1358

Patron: Hashmi

Employment health and safety standards; heat illness prevention. Requires the Safety and Health Codes Board to adopt regulations establishing standards designed to protect employees from heat illness, defined in the bill. The measure authorizes an employee to bring an action based on a violation of such standards in which injunctive relief and monetary damages may be sought.

A BILL to amend the Code of Virginia by adding a section numbered 40.1-44.2, relating to employment health and safety standards; heat illness prevention.

21101769D