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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
Staff: Julia Bergamini, Hannah Yates
Date of Meeting: January 30, 2024
Time and Place: 4 PM, Senate Room C, 3rd Floor, General Assembly Building
Updated to add SB 119

S.B. 34

Patron: Locke

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, 2026.

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.

24101203D

S.B. 119

Patron: Lucas

Drug manufacturers; permitting and registration; certain conditions related to 340B-covered drugs. Requires a drug manufacturer, as a condition of obtaining a permit or as a condition of registration or renewal of registration, to certify that it does not limit the number of contract pharmacies or covered entities, as defined in relevant law, to which it ships 340B-covered drugs and that it does not impose requirements, exclusions, reimbursement terms, or other conditions on a contract pharmacy or covered entity that differ from those applied to pharmacies or entities that are not contract pharmacies or covered entities on the basis that the pharmacy or entity is a contract pharmacy or covered entity or that the pharmacy or entity dispenses 340B-covered drugs.

A BILL to amend and reenact §§ 54.1-3437 and 54.1-3442.01 of the Code of Virginia, relating to drug manufacturers; permitting and registration; certain conditions related to 340B-covered drugs.

24103910D

S.B. 140

Patron: Carroll Foy

Fetal and Infant Mortality Review Team established; penalty; report. Establishes the Fetal and Infant Mortality Review Team to develop and implement procedures to ensure that fetal and infant deaths occurring in the Commonwealth are analyzed in a systematic way. The bill requires the Team to compile triennial statistical data regarding fetal and infant deaths and to make such data available to the Governor, the General Assembly, and the Department of Health. The bill provides that information and records obtained or created by the Team and portions of meetings of the Team at which individual fetal and infant deaths are discussed shall be confidential.

A BILL to amend and reenact §§ 2.2-3705.5, 2.2-3711, as it is currently effective and as it may become effective, and 2.2-4002 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 32.1-283.9, relating to the Fetal and Infant Mortality Review Team established; penalty; report.

24101503D

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. 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. 231

Patron: Hashmi


Comprehensive children's health care coverage program. Directs the Department of Medical Assistance Services (the Department) 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 or any purpose related to civil immigration enforcement unless the subject of the information consents to such disclosure or the requesting agency presents a valid judicial order, subpoena, or warrant.

The bill also requires the Department to (a) establish a work group composed of individuals with direct and lived experience with the program eligibility criteria established by the bill and individuals with experience conducting outreach to individuals who are eligible for the program established by the bill to advise and assist the Department in carrying out marketing and outreach activities required by the bill and (b) seek all federal waivers and other approvals necessary to maximize federal financial participation in the cost of carrying out the program established by the bill.

 

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.

24104864D

S.B. 277

Patron: Hashmi

Certificate of public need; expansion of expedited application and review process. Requires the Board of Health to promulgate regulations expanding the expedited application and review process for certificates of public need to numerous additional project types.

A BILL to amend and reenact §§ 32.1-102.2 and 32.1-102.6 of the Code of Virginia, relating to certificate of public need; expansion of expedited application and review process.

24101587D

S.B. 333

Patron: Salim

State plan for medical assistance services; fertility preservation treatments; genetic material misuse; penalty. 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 coverage of fertility preservation for individuals diagnosed with cancer who need treatment for that cancer that may cause a substantial risk of sterility or iatrogenic infertility, as defined in the bill, including surgery, radiation, or chemotherapy. The bill also establishes that it is a Class 3 felony for a health care provider to provide assisted conception treatment to a patient and use the health care provider's own gamete without the written consent of the patient.

A BILL to amend and reenact §§ 32.1-3 and 32.1-325 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered § 18.2-67.5:01, relating to state plan for medical assistance services; fertility preservation treatments; genetic material misuse; penalty.

24103626D

S.B. 335

Patron: Salim

State plan for medical assistance services; health insurance; coverage for fertility preservation treatments. 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 coverage of fertility preservation for individuals diagnosed with cancer who need treatment for that cancer that may cause a substantial risk of sterility or iatrogenic infertility, as defined in the bill, including surgery, radiation, or chemotherapy. The bill also requires health insurance policies, subscription contracts, and health care plans to provide such coverage for such individuals.

A BILL to amend and reenact §§ 32.1-325 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2-3418.22, relating to state plan for medical assistance services; health insurance; coverage for fertility preservation treatments.

24103659D

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. 404

Patron: Durant

Certificate of public need; hospitals licensed by the Department of Behavioral Health and Developmental Services; psychiatric beds. Excludes from the list of medical care facilities for which a certificate of public need is required hospitals licensed as a provider by the Department of Behavioral Health and Developmental Services. The bill excludes the following from the list of projects for which a certificate of public need is required for certain medical care facilities: (i) an increase or relocation of psychiatric beds licensed by the Department, (ii) the introduction of any psychiatric service when such medical care facility has not provided such service in the previous 12 months, and (iii) the conversion of beds to psychiatric beds. The bill also modifies the list of projects for which a certificate of public need is required for certain medical care facilities by requiring a certificate for the conversion of any psychiatric inpatient beds to nonpsychiatric inpatient beds. Under current law, a certificate is required for the conversion of a psychiatric bed to a nonpsychiatric bed only when the psychiatric bed was approved pursuant to a Request for Applications (RFA).

A BILL to amend and reenact §§ 32.1-3 and 32.1-102.1:3 of the Code of Virginia, relating to certificate of public need; hospitals licensed by the Department of Behavioral Health and Developmental Services; psychiatric beds.

24104611D

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. 499

Patron: Carroll Foy

Donor human milk banks, health insurance; coverage for donor human milk. Prohibits any person from establishing or operating a donor human milk bank without first obtaining a license from the Department of Health. The bill directs the Department to establish criteria for the licensure of donor human milk banks and to promulgate regulations by July 1, 2025, that prohibit activities of donor human milk banks that do not meet the licensing standards and requirements

The bill requires health insurers, corporations providing health care coverage subscription contracts, and health maintenance organizations to provide coverage for expenses incurred in the provision of pasteurized donor human milk. The bill specifies that the requirement applies if the covered person is an infant younger than the age of six months and a licensed medical practitioner has issued an order for such infant who satisfies certain criteria enumerated in the bill. The bill applies to policies, contracts, and plans delivered, issued for delivery, or renewed on or after January 1, 2025. The bill also requires the state plan for medical assistance services to include a provision for payment of medical assistance services incurred in the provision of pasteurized donor human milk.

A BILL to amend and reenact §§ 32.1-325 and 38.2-4319 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 5 of Title 32.1 an article numbered 9 consisting of a section numbered 32.1-162.15:12 and by adding a section numbered 38.2-3418.22, relating to donor human milk banks; health insurance; coverage for donor human milk.

24104909D

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