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ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2023 SESSION
Petersen (Chair), Saslaw, Barker, Dunnavant, Suetterlein
Staff: J. Bergamini, J. Carlton
Date of Meeting: January 24, 2023
Time and Place: 4 PM / Senate Subcommittee Room 2
Updated to add SB 1544
Patron: Favola
Temporary detention in hospital for testing, observation, or treatment; mental or physical conditions resulting from intoxication. Clarifies that in the case where a mental or physical condition is a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition resulting from intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment, provided that certain conditions are met.
A BILL to amend and reenact § 37.2-1104 of the Code of Virginia, relating to temporary detention in hospital for testing, observation, or treatment; mental or physical conditions resulting from intoxication.23101623D
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
Patron: Newman
Emergency custody; temporary detention; alternative transportation. Requires magistrates to authorize alternative transportation if a person subject to an emergency custody order or temporary detention order is deemed to not be a danger to himself or others and appropriate alternative transportation is available.
A BILL to amend and reenact §§ 37.2-808 and 37.2-810 of the Code of Virginia, relating to emergency custody; temporary detention; alternative transportation.23103084D
Patron: Hanger
Community services boards; behavioral health authorities; performance contracts. Modifies and reorganizes provisions related to the requirements of performance contracts entered into by the Department of Behavioral Health and Developmental Services with community services boards and behavioral health authorities.
A BILL to amend and reenact §§ 37.2-203, 37.2-508, and 37.2-608 of the Code of Virginia, relating to community services boards; behavioral health authorities; performance contracts.23103870D
Patron: Hanger
Behavioral Health Commission; agency assistance; access; records. Clarifies the duty of all agencies, as defined in the bill, and political subdivisions of the Commonwealth and certain other entities to cooperate with and assist the Behavioral Health Commission in the performance of its duties and requires such agencies, political subdivisions, and other entities to, upon request, provide to the Commission certain information and facility access. The bill also excludes from the mandatory disclosure provisions of the Virginia Freedom of Information Act records of the Commission.
AA BILL to amend and reenact §§ 2.2-3705.3 and 30-408 of the Code of Virginia, relating to Behavioral Health Commission; agency assistance; access; records.23103859D
Patron: Lucas
Department of Behavioral Health and Developmental Services; licensed provider reporting requirements. Directs the Department of Behavioral Health and Developmental Services to amend its regulations to require providers licensed by the Department to report allegations of abuse, neglect, and exploitation and incidents classified as Level II and Level III incidents by the end of the next business day following the receipt of the allegation or discovery of the Level II or Level III incident.
A BILL to direct the Department of Behavioral Health and Developmental Services to amend its regulations related to licensed provider reporting requirements.23102907D
Patron: Deeds
Temporary detention in hospital for testing, observation, or treatment; mental or physical conditions resulting from intoxication. Clarifies that in the case where a mental or physical condition is a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition resulting from intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment, provided that certain conditions are met.
A bill to amend and reenact § 37.2-1104 of the Code of Virginia, relating to relating to temporary detention in hospital for testing, observation, or treatment; mental or physical conditions resulting from intoxication.
23102434D
Patrons: McClellan, Ebbin
Comprehensive children's health care coverage program. Directs the Department of Medical Assistance Services to establish a program to provide state-funded comprehensive health care coverage for individuals in the Commonwealth who (i) are under 19 years of age, (ii) are not covered under a group health plan or health insurance coverage, and (iii) but for their immigration status would be eligible for medical assistance services through the Commonwealth's program of medical assistance services established pursuant to Title XIX or XXI of the Social Security Act. The bill also requires the Department to ensure that all program information is made available in a manner that is accessible to individuals with limited English proficiency and individuals with disabilities through the provision of language access services, including oral interpretation and written translations, free of charge, and to ensure that information obtained by the program remains confidential and is not disclosed for any purpose not related to the administration of the program.
A BILL to amend the Code of Virginia by adding in Title 32.1 a chapter numbered 13.01, consisting of a section numbered 32.1-353.01, relating to comprehensive children's health care coverage program.23102538D
Patron: Barker
Minimum staffing standards for certified nursing facilities; administrative sanctions. Sets nursing staffing requirements for certified nursing facilities, imposes administrative sanctions on a certified nursing facility if it does not comply with the staffing requirements, and provides for exemptions to the administrative sanctions under certain circumstances. The bill has a delayed effective date of July 1, 2026.
A BILL to amend and reenact §§ 32.1-27.1 and 32.1-127 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-27.2, relating to minimum staffing standards for certified nursing facilities; administrative sanctions.23101878D
Patron: Pillion
Amendment of death certificates; county and city registrars. Requires a county or city registrar, upon receipt of an affidavit and supporting evidence testifying to corrected information on a death certificate within 45 days of the filing of a death certificate, to amend such death certificate to reflect the new information and evidence and to forward such affidavit and supporting evidence to the State Registrar.
A BILL to amend and reenact § 32.1-269.1 of the Code of Virginia, relating to amendment of death certificates; county and city registrars.
23101943D
Patron: Hashmi
Health records privacy; consumer-generated health information. Requires certain entities that collect, gather, or use consumer-generated health information, defined in the bill, to take reasonable measures to safeguard the such aggregated health data, including (i) adopting technical and organizational measures to ensure that consumer-generated health information is not linked to any individual, household, or device used by an individual or a household; (ii) committing not to attempt to re-identify or associate the aggregated health data with any individual, household, or device used by an individual or a household; and (iii) requiring that recipients of all transfers of aggregated health data uphold the same commitments. The bill provides civil remedies for violations of consumer-generated health information privacy.
A BILL to amend and reenact § 32.1-127.1:03 of the Code of Virginia, relating to health records privacy; consumer-generated health information.
23103864D
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
Patron: Lewis
Long-term services and supports screening; screening after admission; coverage of institutional long-term services and supports. Provides that if an individual is admitted to a skilled nursing facility for skilled nursing services not covered by the Commonwealth's program of medical assistance services and such individual was not screened but is subsequently determined have been required to be screened prior to admission to the nursing home, then the screening may be conducted after admission. Under the bill, coverage of institutional long-term services and supports by the Commonwealth for such non-prescreened patients shall not begin until six months after the initial admission to the skilled nursing facility. During this six-month period, the skilled nursing facility in which the individual resides shall be responsible for all costs indicated for institutional long-term services and supports, in excess of available patient funds, excluding the personal needs allowance that would otherwise have been covered by the Commonwealth. The bill provides that if sufficient evidence indicates that the admission without screening was of no fault of the skilled nursing facility, the Department of Medical Assistance Services shall begin coverage of institutional long-term services and supports immediately upon the completion of the functional screening indicating skilled nursing facility level of care pending the financial eligibility determination.
A BILL to amend and reenact § 32.1-330 of the Code of Virginia, relating to long-term services and supports screening; screening after admission; coverage of institutional long-term services and supports.
23103723D
Patron: Hanger
Community services boards; behavioral health authorities; purpose; performance contracts. Provides that the purpose of behavioral health services provided by community services boards and behavioral health authorities is to enable individuals who have a mental illness or substance use disorder that significantly impairs their functioning to access effective, timely, and cost-efficient services that help them (i) overcome or manage functional impairments caused by the mental illness or substance use disorder and (ii) remain in the community to the greatest extent possible, consistent with the individual's well-being and public safety. The bill also requires that performance contracts entered into by the Department of Behavioral Health and Developmental Services with community services boards and behavioral health authorities include certain information, as specified in the bill. The bill reorganizes certain other provisions related to community services boards and behavioral health authorities.
A BILL to amend and reenact §§ 37.2-203, 37.2-500, 37.2-508, 37.2-601, and 37.2-608 of the Code of Virginia, relating to community services boards; behavioral health authorities; purpose; performance contracts.23103868D
Patron: Mason
Temporary detention; certified evaluators; report. Authorizes hospitals with a psychiatric emergency department located in Planning District 21 to employ certain trained individuals to perform evaluations to determine whether a person meets the criteria for temporary detention for behavioral health treatment. The bill requires participating hospitals with psychiatric emergency departments in Planning District 21 to annually report the number of temporary detention order evaluations completed, the number of temporary detention orders petitioned, the number of individuals evaluated for temporary detention who were determined to not meet the criteria for temporary detention, and the number of individuals under a temporary detention order admitted to a state facility to the Chairmen of the Senate Committee on Education and Health, the House Committee on Health, Welfare and Institutions, and the Behavioral Health Commission. The bill has an expiration date of July 1, 2025.
A BILL to amend and reenact §§ 37.2-800, 37.2-804.2, 37.2-808 through 37.2-810, 37.2-814, 37.2-816, 37.2-817, and 37.2-1104 of the Code of Virginia, relating to temporary detention; certified evaluators; report.23104479D
Patron: Rouse
Department of Behavioral Health and Developmental Services; licensed provider reporting requirements. Directs the Department of Behavioral Health and Developmental Services to amend its regulations to require providers licensed by the Department to report allegations of abuse, neglect, and exploitation and incidents classified as Level II and Level III incidents by the end of the next business day following the receipt of the allegation or discovery of the Level II or Level III incident.
A BILL to direct the Department of Behavioral Health and Developmental Services to amend its regulations related to licensed provider reporting requirements.23105014D