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2015 SESSION
15101419DBe it enacted by the General Assembly of Virginia:
1. That §§ 22.1-218, 22.1-220, 23-14, 32.1-102.1, 32.1-330, 51.1-209, 51.5-55, 51.5-131, and 51.5-132 of the Code of Virginia are amended and reenacted as follows:
§ 22.1-218. Reimbursement for placement in private schools; reimbursement of school boards from state funds.
A. If a child's individualized education program calls for placement in a private nonreligious school, agency, or institution, payment for reasonable tuition cost and other reasonable charges shall be made from the state pool of funds pursuant to § 2.2-5211.
B. Where a school board enters into an agreement with the Woodrow
Wilson Rehabilitation Workforce Readiness Center or
a special education regional program established pursuant to regulations of the
Board of Education, the Board of Education is authorized to reimburse the
school board from such funds as are appropriated for this purpose.
C. The Board of Education is further authorized to reimburse each school board operating a preschool special education program for children with disabilities aged two through four, through the Standards of Quality Special Education account.
§ 22.1-220. Power of counties, cities, and towns to appropriate and expend funds for education of children with disabilities.
The governing body of any county, city or town is hereby
authorized and empowered to appropriate and expend funds of the county, city or
town in furtherance of the education of children with disabilities residing in
such county, city or town who attend Woodrow
Wilson Rehabilitation Workforce Readiness Center or
public or private nonsectarian schools, or public or private nonsectarian
child-day programs for children below the compulsory school attendance age,
whether within or without the county, city or town and whether within or
without the Commonwealth.
§ 23-14. Certain educational institutions declared governmental instrumentalities; powers vested in majority of members of board.
The College of William and Mary in Virginia, at Williamsburg;
Richard Bland College of the College of William and Mary at Dinwiddie and
Prince George; the rector and visitors of Christopher Newport University, at
Newport News; Longwood University, at Farmville; the University of Mary
Washington, at Fredericksburg; George Mason University, at Fairfax; the James
Madison University, at Harrisonburg; Old Dominion University, at Norfolk; the
State Board for Community Colleges, at Richmond; the Virginia Commonwealth
University, at Richmond; the Radford University, at Radford; the Roanoke Higher
Education Authority and Center; the rector and visitors of the University of
Virginia, at Charlottesville; the University of Virginia's College at Wise; the
Virginia Military Institute, at Lexington; the Virginia Polytechnic Institute
and State University, at Blacksburg; the Virginia Schools for the Deaf and the
Blind; the Virginia State University, at Petersburg; Norfolk State University,
at Norfolk; the Woodrow
Wilson Rehabilitation Workforce Readiness Center, at
Fishersville; the Eastern Virginia Medical School; the Southern Virginia Higher
Education Center; the Southwest Virginia Higher Education Center; the Institute
for Advanced Learning and Research; the New College Institute; and the
Opportunity Educational Institution are hereby classified as educational
institutions and are declared to be public bodies and constituted as
governmental instrumentalities for the dissemination of education. The powers
of every such institution derived directly or indirectly from this chapter
shall be vested in and exercised by a majority of the members of its board, and
a majority of such board shall be a quorum for the transaction of any business
authorized by this chapter. Wherever the word "board" is used in this
chapter, it shall be deemed to include the members of a governing body
designated by another title.
§ 32.1-102.1. Definitions.
As used in this article, unless the context indicates otherwise:
"Certificate" means a certificate of public need for a project required by this article.
"Clinical health service" means a single diagnostic, therapeutic, rehabilitative, preventive or palliative procedure or a series of such procedures that may be separately identified for billing and accounting purposes.
"Health planning region" means a contiguous geographical area of the Commonwealth with a population base of at least 500,000 persons which is characterized by the availability of multiple levels of medical care services, reasonable travel time for tertiary care, and congruence with planning districts.
"Medical care facility," as used in this title, means any institution, place, building or agency, whether or not licensed or required to be licensed by the Board or the Department of Behavioral Health and Developmental Services, whether operated for profit or nonprofit and whether privately owned or privately operated or owned or operated by a local governmental unit, (i) by or in which health services are furnished, conducted, operated or offered for the prevention, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, whether medical or surgical, of two or more nonrelated persons who are injured or physically sick or have mental illness, or for the care of two or more nonrelated persons requiring or receiving medical, surgical or nursing attention or services as acute, chronic, convalescent, aged, physically disabled or crippled or (ii) which is the recipient of reimbursements from third-party health insurance programs or prepaid medical service plans. For purposes of this article, only the following medical care facilities shall be subject to review:
1. General hospitals.
2. Sanitariums.
3. Nursing homes.
4. Intermediate care facilities, except those intermediate care facilities established for individuals with intellectual disability (ICF/MR) that have no more than 12 beds and are in an area identified as in need of residential services for individuals with intellectual disability in any plan of the Department of Behavioral Health and Developmental Services.
5. Extended care facilities.
6. Mental hospitals.
7. Facilities for individuals with intellectual disability.
8. Psychiatric hospitals and intermediate care facilities established primarily for the medical, psychiatric or psychological treatment and rehabilitation of individuals with substance abuse.
9. Specialized centers or clinics or that portion of a physician's office developed for the provision of outpatient or ambulatory surgery, cardiac catheterization, computed tomographic (CT) scanning, stereotactic radiosurgery, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), positron emission tomographic (PET) scanning, radiation therapy, stereotactic radiotherapy, proton beam therapy, nuclear medicine imaging, except for the purpose of nuclear cardiac imaging, or such other specialty services as may be designated by the Board by regulation.
10. Rehabilitation hospitals.
11. Any facility licensed as a hospital.
The term "medical care facility" shall not include
any facility of (i) the Department of Behavioral Health and Developmental
Services; (ii) any nonhospital substance abuse residential treatment program
operated by or contracted primarily for the use of a community services board
under the Department of Behavioral Health and Developmental Services'
Comprehensive State Plan; (iii) an intermediate care facility for individuals
with intellectual disability (ICF/MR) that has no more than 12 beds and is in
an area identified as in need of residential services for individuals with
intellectual disability in any plan of the Department of Behavioral Health and
Developmental Services; (iv) a physician's office, except that portion of a
physician's office described in subdivision 9 of the definition of
"medical care facility"; (v) the Woodrow
Wilson Rehabilitation Workforce Readiness Center of
the Department for Aging and Rehabilitative Services; (vi) the Department of
Corrections; or (vii) the Department of Veterans Services. "Medical care
facility" shall also not include that portion of a physician's office
dedicated to providing nuclear cardiac imaging.
"Project" means:
1. Establishment of a medical care facility;
2. An increase in the total number of beds or operating rooms in an existing medical care facility;
3. Relocation of beds from one existing facility to another, provided that "project" shall not include the relocation of up to 10 beds or 10 percent of the beds, whichever is less, (i) from one 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 or controlled by the same person that is located either within the same planning district, or within another planning district out of which, during or prior to that three-year period, at least 10 times that number of beds have been authorized by statute to be relocated from one or more facilities located in that other planning district and at least half of those beds have not been replaced, provided further that, however, a hospital shall not be required to obtain a certificate for the use of 10 percent of its beds as nursing home beds as provided in § 32.1-132;
4. Introduction into an existing medical care facility of any new nursing home service, such as intermediate care facility services, extended care facility services, or skilled nursing facility services, regardless of the type of medical care facility in which those services are provided;
5. Introduction into an existing medical care facility of any new cardiac catheterization, computed tomographic (CT) scanning, stereotactic radiosurgery, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), medical rehabilitation, neonatal special care, obstetrical, open heart surgery, positron emission tomographic (PET) scanning, psychiatric, organ or tissue transplant service, radiation therapy, stereotactic radiotherapy, proton beam therapy, nuclear medicine imaging, except for the purpose of nuclear cardiac imaging, substance abuse treatment, or such other specialty clinical services as may be designated by the Board by regulation, which the facility has never provided or has not provided in the previous 12 months;
6. Conversion of beds in an existing medical care facility to medical rehabilitation beds or psychiatric beds;
7. The addition by an existing medical care facility of any medical equipment for the provision of cardiac catheterization, computed tomographic (CT) scanning, stereotactic radiosurgery, lithotripsy, magnetic resonance imaging (MRI), magnetic source imaging (MSI), open heart surgery, positron emission tomographic (PET) scanning, radiation therapy, stereotactic radiotherapy, proton beam therapy, or other specialized service designated by the Board by regulation. Replacement of existing equipment shall not require a certificate of public need;
8. Any capital expenditure of $15 million or more, not defined as reviewable in subdivisions 1 through 7 of this definition, by or in behalf of a medical care facility. However, capital expenditures between $5 and $15 million shall be registered with the Commissioner pursuant to regulations developed by the Board. The amounts specified in this subdivision shall be revised effective July 1, 2008, and annually thereafter to reflect inflation using appropriate measures incorporating construction costs and medical inflation; or
9. Conversion in an existing medical care facility of psychiatric inpatient beds approved pursuant to a Request for Applications (RFA) to nonpsychiatric inpatient beds.
"Regional health planning agency" means the regional agency, including the regional health planning board, its staff and any component thereof, designated by the Virginia Health Planning Board to perform the health planning activities set forth in this chapter within a health planning region.
"State Medical Facilities Plan" means the planning document adopted by the Board of Health which shall include, but not be limited to, (i) methodologies for projecting need for medical care facility beds and services; (ii) statistical information on the availability of medical care facilities and services; and (iii) procedures, criteria and standards for review of applications for projects for medical care facilities and services.
§ 32.1-330. Preadmission screening required.
All individuals who will be eligible for community or
institutional long-term care services as defined in the state plan for medical
assistance shall be evaluated to determine their need for nursing facility
services as defined in that plan. The Department shall require a preadmission
screening of all individuals who, at the time of application for admission to a
certified nursing facility as defined in § 32.1-123, are eligible for medical
assistance or will become eligible within six months following admission. For
community-based screening, the screening team shall consist of a nurse, social
worker or other assessor designated by the Department, and physician who are
employees of the Department of Health or the local department of social
services or a team of licensed physicians, nurses, and social workers at the Woodrow
Wilson Rehabilitation Workforce Readiness Center
(WWRC) for WWRC clients only. For institutional screening, the Department shall
contract with acute care hospitals. The Department shall contract with other
public or private entities to conduct required community-based and
institutional screenings in addition to or in lieu of the screening teams
described in this section in jurisdictions in which the screening team has been
unable to complete screenings of individuals within 30 days of such
individuals' application.
§ 51.1-209. Disability as the result of felonious misconduct of another.
Any member in service who is totally and permanently disabled
while on active duty as the result of the felonious misconduct of another may
retire for disability as provided in subsection B of § 51.1-156 and shall be
entitled to maintenance and services at or under the supervision of the Woodrow
Wilson Rehabilitation Workforce Readiness Center
without being liable to pay for the same.
§ 51.5-55. Membership of Board; terms, compensation, and expenses.
A. All powers, rights and duties conferred by this chapter or
other provisions of law upon the Authority shall be exercised by the Board of
Directors of the Authority. The Board shall consist of 12 members as follows:
the Secretary of Health and Human Resources or his designee; an employee of the Woodrow
Wilson Rehabilitation Workforce Readiness Center; an
experienced consumer lender; a certified public accountant; two persons with
investment finance experience; and six persons with a range of disabilities.
The citizen members shall be appointed by the Governor and confirmed by the
General Assembly. The Board shall annually elect a chairman from among its
members. Board members shall receive no salaries but shall be reimbursed for
all reasonable and necessary expenses incurred by them in the performance of
their duties on behalf of the Authority.
B. The 10 citizen members of the Board shall be appointed for four-year terms, except that appointments to fill vacancies shall be made for the unexpired terms. Representatives of state agencies shall serve coincident with the term of the Governor. No member appointed by the Governor shall be eligible to serve more than two complete terms in succession.
C. Meetings of the members of the Board shall be held at the call of the chairman or whenever six members so request. The Board may delegate to a loan committee of at least six members the authority to review and approve or deny loan applications based upon information provided to or obtained by the Board, in accordance with criteria established by the Board. In any event, the Board shall meet as necessary to attend to the business of the Authority.
§ 51.5-131. Powers and duties of Commissioner.
The Commissioner shall have the following powers and duties:
1. To employ such personnel, qualified by knowledge, skills, and abilities, as may be required to carry out the purposes of this chapter relating to the Department;
2. To make and enter into all contracts and agreements necessary for or incidental to the performance of the Department's duties and the execution of its powers under this title, including but not limited to contracts with the United States, other states, agencies, and governmental subdivisions of the Commonwealth;
3. To accept grants from the United States government and agencies and instrumentalities thereof and any other source and, to these ends, to comply with such conditions and execute such agreements as may be necessary, convenient, or desirable;
4. To perform all acts necessary or convenient to carry out the purposes of this chapter;
5. To develop and analyze information on the needs of older Virginians and persons with disabilities;
6. To establish plans, policies, and programs for the delivery of services to older Virginians and persons with disabilities for consideration by the Governor and the General Assembly. Such policies, plans, and programs for services for those who cannot benefit from vocational rehabilitation shall be prepared over time and as funds become available for such efforts;
7. To operate and maintain the Woodrow
Wilson Rehabilitation Workforce Readiness Center and
to organize, supervise, and provide other necessary services and facilities (i)
to prepare persons with disabilities for useful and productive lives, including
suitable employment, and (ii) to enable persons with disabilities, to the
degree possible, to become self-sufficient and have a sense of well-being;
8. To develop criteria for the evaluation of plans and programs relative to the provision of long-term services and supports for older Virginians and persons with disabilities;
9. To investigate the availability of funds from any source for planning, developing, and providing services to older Virginians and persons with disabilities, particularly those not capable of being gainfully employed;
10. To coordinate the Department's plans, policies, programs, and services, and such programs and services required under § 51.5-123, with those of the other state agencies providing services to persons with disabilities so as to achieve maximum utilization of available resources to meet the needs of such persons;
11. To compile and provide information on the availability of federal, state, regional, and local funds and services for older Virginians and persons with disabilities;
12. To accept, execute, and administer any trust in which the Department may have an interest, under the terms of the instruments creating the trust, subject to the approval of the Governor;
13. To promulgate regulations necessary to carry out the provisions of the laws of the Commonwealth administered by the Department;
14. To work with the Department of Veterans Services and the Department of Behavioral Health and Developmental Services to establish a program for mental health and rehabilitative services for Virginia veterans and members of the Virginia National Guard and Virginia residents in the Armed Forces Reserves not in active federal service and their family members pursuant to § 2.2-2001.1;
15. To promote the use of technologies to realize communication access and increase livability across the Commonwealth; and
16. To perform such other duties as may be required by the Governor and the Secretary of Health and Human Resources.
§ 51.5-132. Commissioner to establish regulations regarding human research.
The Commissioner shall promulgate regulations pursuant to the
Administrative Process Act (§ 2.2-4000 et seq.) to effectuate the provisions of
Chapter 5.1 (§ 32.1-162.16 et seq.) of Title 32.1 for human research, as
defined in § 32.1-162.16, to be conducted or authorized by the Department, any
sheltered workshop, any independent living center, or the Woodrow
Wilson Rehabilitation Workforce Readiness Center.
The regulations shall require the human research review committee, as provided
in § 32.1-162.19, to submit to the Governor, the General Assembly, and the
Commissioner or his designee, at least annually, a report on the human research
projects reviewed and approved by the committee and shall require the committee
to report any significant deviations from the proposals as approved.