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2023 SESSION

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Senate Committee on Education and Health
Subcommittee Health

Lewis (Chair), Saslaw, Barker, Dunnavant, Suetterlein

Clerk: Hobie Lehman, Basit Khan
Date of Meeting: January 17, 2023
Time and Place: 4 PM / Senate Subcommittee Room 2

S.B. 827

Patron: Favola

Hospital emergency departments; required security and training; regulations. Directs the Board of Health to amend its regulations to require every hospital with an emergency department to have at least one off-duty law-enforcement officer or a trained security officer present at all times. Hospital protocols shall ensure such officers providing security receive training in the use of weapons, defensive tactics, de-escalation techniques, appropriate physical restraint techniques, crisis intervention, and trauma-informed approaches in identifying and safely addressing situations involving patients, family members, or other persons who pose a risk of harm to themselves or others due to mental illness or substance abuse or who are experiencing a mental health crisis.

A BILL to amend and reenact § 32.1-127 of the Code of Virginia, relating to hospital emergency departments; required security and training; regulations.

23101960D

S.B. 925

Patron: Cosgrove

Patient visitation; visitation from clergy members. Requires hospitals, nursing homes, and certified nursing facilities to allow patients to receive visits from clergy members during a declared public health emergency related to a communicable disease of public health threat. Under the bill, the hospital, nursing home, or certified nursing facility may require the clergy member to comply with all reasonable health and safety requirements and may restrict visits of a clergy member who fails a health screening measure or tests positive for a communicable disease of public health concern. If the health and safety requirement substantially burdens the clergy member's free exercise of religion, the hospital, nursing home, or certified nursing facility may require compliance only if the requirement furthers a compelling health and safety interest and imposes the least restrictive requirement. The bill provides immunity for hospitals, nursing homes, and certified nursing facilities and their employees and contractors from liability for injury or death due to exposure to a communicable disease of public health concern resulting from or related to such visitation, except in limited circumstances. The bill also allows a person or religious organization to bring a civil action against a hospital, nursing home, or certified nursing facility alleging a violation of such visitation provisions.

A BILL to amend and reenact § 32.1-127 of the Code of Virginia, relating to patient visitation; visitation from clergy members.

23101768D

S.B. 926

Patron: Favola

Emergency Department Care Management Grant Program and Fund; report. Establishes the Emergency Department Care Management Grant Program and the Emergency Department Care Management Grant Fund. The bill provides that the Program is established to provide grants to eligible hospitals that provide care management and medical services to frequent users of hospital emergency departments, with grants to be awarded to (i) reduce patient usage of emergency departments for routine, nonurgent, primary medical care; (ii) support emergency department case management staff; (iii) identify and analyze the comprehensive health care needs of patients; (iv) identify social determinants of health and barriers to care; (v) facilitate collaboration with providers and payers to develop a plan for community care; and (vi) improve the ability of patients to manage their care in the community. The bill directs the Department of Health to evaluate the effectiveness of the Program and requires the State Health Commissioner to report the Department's findings to the General Assembly and the Joint Commission on Health Care by October 1, 2027. The provisions of the bill sunset on July 1, 2028.

A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 19.1, consisting of sections numbered 32.1-372.1, 32.1-372.2, and 32.1-372.3, relating to Emergency Department Care Management Grant Program and Fund; report.

23101557D

S.B. 945

Patron: Suetterlein

Department of Medical Assistance Services; services for individuals with developmental disabilities; financial flexibility; report. Directs the Department of Medical Assistance Services to take steps to amend the Family and Individual Supports, Community Living, and Building Independence waivers to provide greater financial flexibility to individuals with developmental disabilities who are receiving waiver services. The bill requires the Department to report on its progress to the Governor and the General Assembly by December 1, 2023.

A BILL to require the Department of Medical Assistance Services to take steps to amend certain waivers providing services for individuals with developmental disabilities to provide greater financial flexibility for certain services; report.

23103672D

S.B. 1016

Patron: Suetterlein

Bedding and upholstered furniture; exemption from regulation. Exempts from the Board of Health regulations governing bedding and upholstered furniture any items of bedding or upholstered furniture that are 75 years old or older.

A BILL to amend and reenact § 32.1-225 of the Code of Virginia, relating to bedding and upholstered furniture; exemption from regulation.

23100989D

S.B. 1104

Patron: Boysko


State plan for medical assistance services; violence prevention services benefit. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to include a provision for payment of medical assistance for violence prevention services, defined in the bill, provided by a qualified violence prevention professional to an individual who receives medical treatment for an injury sustained as a result of community violence, defined in the bill, who is determined by a health care provider to be at risk of repeat injury or retaliation. The bill directs the Department of Medical Assistance Services to convene a work group to advise the Board on the design and implementation of the violence prevention services benefit and specifies that the work group include representatives from the Department and violence intervention programs, medical providers, survivors of community violence, and other members as deemed appropriate by the Department. The bill requires the Department to post on its website the date upon which violence prevention services may be provided and billed pursuant to the provisions of the bill.

A BILL to amend and reenact § 32.1-325, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to state plan for medical assistance services; violence prevention services benefit.

23102511D

S.B. 1155

Patron: Mason

Department of Behavioral Health and Developmental Services; provider licensing; inspections. Requires the Commissioner of Behavioral Health and Developmental Services or his authorized agents to make at least at least one unannounced inspection of each service offered by each licensed provider during the licensing period. Current law requires an annual unannounced inspection. The bill also removes the requirement that inspections evaluate the physical facilities in which services are provided.

A BILL to amend and reenact § 37.2-411 of the Code of Virginia, relating to Department of Behavioral Health and Developmental Services; provider licensing; inspections.

23104006D

S.B. 1232

Patron: Dunnavant

Death investigations; individuals receiving services in a state hospital or training center. Clarifies that the deaths of individuals who are or who were, immediately prior to admission to another hospital, receiving services in a state hospital or training center operated by the Department of Behavioral Health and Developmental Services must be investigated by the Office of the Chief Medical Examiner, whether the death of such individual was expected or unexpected. The bill also requires that any report concerning the death of an individual who is receiving services or who, immediately prior to admission to another hospital, received services in a state hospital or training center operated by the Department of Behavioral Health and Developmental Services be delivered to the Commissioner of Behavioral Health and Developmental Services and to the State Inspector General. Current law only requires the delivery of autopsy reports.

A BILL to amend and reenact § 32.1-283 of the Code of Virginia, relating to death investigations; individuals receiving services in a state hospital or training center.

23101951D

S.B. 1234

Patron: Cosgrove

Transcranial magnetic stimulation; pilot program. Requires the Department of Behavioral Health and Developmental Services to establish a pilot program to make electroencephalogram combined transcranial magnetic stimulation available for veterans, first responders, and law-enforcement officers. The bill requires the State Board of Behavioral Health and Developmental Services to establish regulations for the pilot program.

A BILL to establish a pilot program for transcranial magnetic stimulation.

23104020D

S.B. 1276

Patron: Dunnavant

Autopsies; decedents in the custody of Department of Corrections. Requires, if a decedent is an inmate in the custody of the Department of Corrections, that an autopsy be performed by the Chief Medical Examiner, an Assistant Chief Medical Examiner, or a pathologist with whom the State Health Commissioner has entered into an agreement.

A BILL to amend and reenact § 32.1-285 of the Code of Virginia, relating to autopsies; decedents in the custody of Department of Corrections.

23104212D

S.B. 1344

Patron: Barker

Operation of the City of Alexandria local health department. Allows the City of Alexandria to enter into a contract with the Department of Health for the local administration of local health services.

A BILL to provide for the operation of the local health department of the City of Alexandria.

23102817D

S.B. 1414

Patron: Pillion

Commonwealth Opioid Abatement and Remediation Fund; established. Establishes the Commonwealth Opioid Abatement and Remediation Fund to receive funds from a direct settlement, judgment, verdict, or other court order relating to consumer protection claims regarding the manufacturing, marketing, distribution, or sale of opioids or that are intended to be used for opioid abatement or remediation, excluding funds designated for transfer to the Opioid Abatement Authority and that shall be deposited by the Office of the Attorney General. Moneys in the Fund shall be administered by the Department of Health and shall be used solely for the purposes of efforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the opioid epidemic, or for any other approved purposes described in a related settlement, judgment, verdict, or other court order.

A BILL to amend the Code of Virginia by adding in Article 12 of Chapter 22 of Title 2.2 a section numbered 2.2-2377, relating to Commonwealth Opioid Abatement and Remediation Fund; established.

23101945D

S.B. 1415

Patron: Pillion

Opioid impact reduction. Directs the Department of Health to create the Commonwealth Opioid Impact Reduction Registry consisting of nonprofit organizations that work to reduce the impact of opioids in the Commonwealth. The bill allows any person to possess and administer naloxone or other opioid antagonist used for overdose reversal other than naloxone in an injectable formulation with a hypodermic needle or syringe in accordance with protocols developed by the Board of Pharmacy in consultation with the Board of Medicine and the Department of Health, provided that certain other conditions enumerated in current law are met. The bill removes training requirements related to the possession and administration of naloxone and directs the Department of Health, the Department of Behavioral Health and Developmental Services, and the Department of Corrections to collaborate to develop and implement a plan for the distribution of naloxone throughout the Commonwealth. The bill also directs the Department of Corrections to amend its regulations to require that training in the administration of naloxone be provided to every inmate prior to release.

A BILL to amend and reenact § 54.1-3408 of the Code of Virginia and to amend the Code of Virginia by adding in Article 3 of Chapter 1 of Title 32.1 a section numbered 32.1-23.7, relating to opioid impact reduction.

23101946D

S.B. 1418

Patron: Pillion

State plan for medical assistance services; telemedicine; in-state presence. Establishes that health care providers are not required to maintain a physical presence in the Commonwealth to maintain eligibility to enroll as a Medicaid provider. Additionally, the bill establishes that telemedicine services provider groups with health care providers duly licensed by the Commonwealth are not required to maintain an in-state service address to maintain eligibility to enroll as a Medicaid vendor or Medicaid provider group.

A BILL to amend and reenact § 32.1-325 of the Code of Virginia, relating to state plan for medical assistance services; telemedicine; in-state presence.

23102751D

S.B. 1439

Patron: Locke

Pregnant inmates; coverage through state plan for medical assistance. Provides that if a person confined in a state correctional facility is pregnant, gives birth during such confinement, is enrolled in the state plan for medical assistance, and would otherwise be eligible for coverage under the state plan for medical assistance for a 24-hour inpatient stay at a medical institution but for the fact that such person's stay was less than 24 hours, the cost of such person's birth shall be covered by state funds. The bill directs the Department of Medical Assistance Services to, in coordination with the Department of Corrections, identify persons confined in state correctional facilities who are enrolled in or may be eligible for services under the state plan for medical assistance and provide information to such persons regarding any steps necessary to obtain coverage for child birth prior to the person's release on medical furlough for the purpose of giving birth.

A BILL to amend and reenact § 32.1-325.04 of the Code of Virginia, relating to pregnant inmates; coverage through state plan for medical assistance.

23103677D