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2024 SESSION

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Senate Committee on Education and Health
Subcommittee Health

Favola (Chair), Suetterlein, Bagby, Aird, Durant

Clerk: Hobie Lehman, Madison Odallo
Staff: Julia Carlton
Date of Meeting: January 23, 2024
Time and Place: 4 PM / Senate Subcommittee Room, 3rd Floor, General Assembly Bld.
https://virginia-senate.granicus.com/ViewPublisher.php?view_id=3

S.B. 24

Patron: Locke

Long-term services and supports screening; expedited screening; screening exemption; emergency. Modifies existing provisions regarding the required long-term services and supports screening under the state plan for medical assistance services by creating greater flexibility for how screening are completed under certain circumstances. Under the bill, any individual receiving inpatient services in an acute care hospital discharged to a nursing facility for skilled care is not required to be screened prior to discharge from the hospital unless the individual requests the screening. The bill directs the Department of Medical Assistance Services to adopt emergency regulations to implement the provisions of the bill. The bill contains an emergency clause.

A BILL to amend and reenact § 32.1-330 of the Code of Virginia, relating to long-term services and supports screening; expedited screening; screening exemption; emergency.

24101200D

EMERGENCY

S.B. 149

Patron: Suetterlein

Department of Medical Assistance Services; Department of Behavioral Health and Developmental Services; 1915(c) Home and Community Based Services Medicaid Waivers; state plan amendments; program rule modifications. Directs the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to seek to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers to (i) eliminate the requirement that, in order for a legally responsible individual to receive reimbursement for personal care services, no one else is available to provide services to the member; (ii) modify the program rules to allow for respite services when the legally responsible individual is the unpaid caregiver; and (iii) modify the program rules to allow a legally responsible individual or stepparent to be the employer of record.

A BILL to direct the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to submit state plan amendments to the Centers for Medicare and Medicaid Services to seek to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers.

24103632D

S.B. 179

Patron: Favola

State hospitals; discharge planning. Provides that (i) when an individual is to be discharged from a state hospital in 30 days or less after admission, the state hospital shall be responsible for the individual's discharge planning and (ii) when an individual is to be discharged from a state hospital more than 30 days after admission, the appropriate community services board or behavioral health authority shall be responsible for the individual's discharge planning. Under current law, community services boards and behavioral health authorities provide discharge planning for all individuals discharged from state hospitals, regardless of the duration of their stay. The bill has a delayed effective date of January 1, 2025.

A BILL to amend and reenact §§ 37.2-505 and 37.2-837 of the Code of Virginia, relating to state hospitals; discharge planning.

24103985D

S.B. 186

Patron: Subramanyam

Secretary of Health and Human Resources; wholesale prescription drug importation program. Directs the Secretary of Health and Human Resources to establish a wholesale prescription drug importation program that complies with the requirements of federal law and to report annually by October 1 to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health on the wholesale prescription drug importation program. The bill also requires the Secretary to (i) convene a work group composed of relevant stakeholders to develop a plan for implementation of the wholesale prescription drug importation program and report the plan to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health by December 1, 2024, and (ii) seek such federal approvals, waivers, exemptions, or agreements as may be necessary to enable all covered entities enrolled in or eligible for the federal 340B Drug Pricing Program to participate in the wholesale prescription drug importation program to the greatest extent possible without jeopardizing their eligibility for the 340B Drug Pricing Program by July 1, 2025.

A BILL to amend the Code of Virginia by adding in Article 6 of Chapter 2 of Title 2.2 a section numbered 2.2-214.1:1, relating to Secretary of Health and Human Resources; wholesale prescription drug importation program.

24103007D

S.B. 229

Patron: Hashmi

Advisory Council on Breakthrough Therapies for Veteran Suicide Prevention; established; report. Establishes the Advisory Council on Breakthrough Therapies for Veteran Suicide Prevention to advise the State Health Commissioner on the regulations and infrastructure necessary to support clinical access to and provider training for the use of rapid-acting therapies that have been granted Breakthrough Therapy designation by the U.S. Food and Drug Administration for the treatment of post-traumatic stress disorder, major depressive disorder, or treatment-resistant depression and whose active ingredients are currently controlled under Schedule I of the federal Controlled Substances Act. The bill requires the State Health Commissioner to report annually by December 1 to the Governor and the General Assembly regarding its activities and recommendations. The Council sunsets on July 1, 2027.

A BILL to amend the Code of Virginia by adding in Chapter 2 of Title 32.1 an article numbered 21, consisting of sections numbered 32.1-73.21 and 32.1-73.22, relating to Advisory Council on Breakthrough Therapies for Veteran Suicide Prevention; established; report.

24104894D

S.B. 280

Patron: Hashmi


Health care; decision-making; end of life; penalties. Allows an adult diagnosed with a terminal condition to request and an attending health care provider to prescribe a self-administered controlled substance for the purpose of ending the patient's life. The bill requires that a patient's request for a self-administered controlled substance to end his life must be given orally on two occasions and in writing, signed by the patient and one witness, and that the patient be given an express opportunity to rescind his request at any time. The bill makes it a Class 2 felony (i) to willfully and deliberately alter, forge, conceal, or destroy a patient's request, or rescission of request, for a self-administered controlled substance to end his life with the intent and effect of causing the patient's death; (ii) to coerce, intimidate, or exert undue influence on a patient to request a self-administered controlled substance for the purpose of ending his life or to destroy the patient's rescission of such request with the intent and effect of causing the patient's death; or (iii) to coerce, intimidate, or exert undue influence on a patient to forgo a self-administered controlled substance for the purpose of ending the patient's life. The bill also grants immunity from civil or criminal liability and professional disciplinary action to any person who complies with the provisions of the bill and allows health care providers to refuse to participate in the provision of a self-administered controlled substance to a patient for the purpose of ending the patient's life.

 

A BILL to amend and reenact § 8.01-622.1 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 29 of Title 54.1 an article numbered 11, consisting of sections numbered 54.1-2999 through 54.1-2999.9, relating to health care; decision-making; end of life; penalties.

24101159D

S.B. 390

Patron: Pekarsky

Sudden Unexpected Death in Epilepsy; protocol; information; training. Requires the Office of the Chief Medical Examiner to take certain actions upon the finding that an individual died from Sudden Unexpected Death in Epilepsy (SUDEP), defined in the bill. The bill directs the Office of the Chief Medical Examiner to publish information on SUDEP and a SUDEP death investigation form on its website. Additionally, the bill requires the Chief Medical Examiner and local medical examiners to complete training in the investigation of SUDEP on a triennial basis. The bill has a delayed effective date of January 1, 2025.

A BILL to amend the Code of Virginia by adding a section numbered 32.1-283.9, relating to Sudden Unexpected Death in Epilepsy; protocol; information; training.

24104210D

S.B. 392

Patron: Pekarsky

Hospitals; emergency departments; licensed physicians.Requires any hospital with an emergency department to have at least one licensed physician on duty and physically present at all times. Current law requires such hospitals to have a licensed physician on call, though not necessarily physically present on the premises, at all times.

A BILL to amend and reenact § 32.1-127, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to hospitals; emergency departments; licensed physicians.

24103092D

S.B. 488

Patron: Aird

Department of Medical Assistance Services; Department of Behavioral Health and Developmental Services; 1915(c) Home and Community Based Services Medicaid Waivers; state plan amendments; program rule modifications. Directs the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to seek federal authority through the necessary state plan amendments under Titles XIX and XXI of the Social Security Act to seek to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers to (i) modify the 40-hour-per-week work limit to allow legally responsible individuals with more than one waiver-receiving child to receive reimbursement for 40 hours of work per week per child receiving a waiver; (ii) eliminate the requirement that, in order for a legally responsible individual to receive reimbursement for personal care services, no one else be available to provide services to the member; and (iii) modify the program rules to allow a legally responsible individual or stepparent to be the employer of record.

A BILL to direct the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to submit state plan amendments to the Centers for Medicare and Medicaid Services to seek to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers.

24104869D

S.B. 575

Patron: Obenshain

Discharge plans; copies to public elementary and secondary schools. Provides that prior to the discharge of any minor or individual who has been admitted to inpatient treatment and is a student at a public elementary or secondary school, a copy of such minor's or individual's discharge plan shall be provided to the division superintendent and the division safety official in the local school division in which such minor or individual attends such school.

A BILL to amend and reenact §§ 16.1-346.1 and 37.2-505 of the Code of Virginia, relating to discharge plans; copies to public elementary and secondary schools.

24100254D

S.B. 579

Patron: Obenshain

Nursing homes and certified nursing facilities; professional liability insurance. Specifies that the required minimum amount of professional liability coverage for nursing homes and certified nursing facilities is the amount per occurrence. The bill also requires such coverage to be noneroding, i.e., the coverage limits are not reduced by legal costs.

A BILL to amend and reenact § 32.1-127, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to nursing homes and certified nursing facilities; professional liability insurance.

24103088D

S.B. 610

Patrons: Suetterlein, Pekarsky

Department of Medical Assistance Services; Department of Behavioral Health and Developmental Services; slot-retention requests; Developmental Disability waivers; sunset. Directs the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to amend their regulations to allow for support coordinators to request and subsequently obtain approval of consecutive waiver slot-retention requests for a period of 365 calendar days for individuals who have been assigned a Developmental Disability waiver slot. Current regulations allow for four consecutive 30-day slot-retention extensions. The bill sunsets on June 30, 2026.

A BILL to direct the Department of Medical Assistance Services and the Department of Behavioral Health and Developmental Services to amend its regulations related to slot-retention requests for Developmental Disability waiver slots; sunset.

24105008D

S.B. 620

Patron: Pillion

Long-term services and support screening; PACE programs. Allows qualified staff of programs of all-inclusive care for the elderly (PACE) to conduct the required long-term services and supports screening in accordance with requirements established by the Department of Medical Assistance Services. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill.

A BILL to amend and reenact § 32.1-330 of the Code of Virginia, relating to long-term services and support screening; PACE programs.

24100955D