Legislative Update

Access to Health Care & Insurance

Bills Committee Last action Date
HB 631 - Kory - Employers; decisions to opt out of providing contraceptive coverage. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Requires any employer that has decided it will not provide contraceptive coverage to its employees pursuant to the employer's lawful exercise of a right not to provide such coverage on grounds that doing so is contrary to the employer's religious beliefs or moral convictions to provide employees and prospective employees with notice of such decision. An employer that has made such a decision is also required to notify the Bureau of Insurance, which is required to make information regarding these employers available to the public through its website. Employers that violate these requirements are subject to a civil penalty.
HB 660 - Murphy - Death investigations; Sudden Unexpected Death in Epilepsy. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Requires the Chief Medical Examiner to develop protocols for the investigation of deaths of individuals with seizure disorders to ensure the proper identification of deaths resulting from Sudden Unexpected Death in Epilepsy (SUDEP). The bill provides that in cases involving a finding of death from SUDEP, within 30 days of such finding the Chief Medical Examiner must notify the North American SUDEP Registry and provide to the next of kin of the deceased information regarding the benefits of and process for (i) submitting the deceased's medical information, including information about the deceased's history of epilepsy and seizures, to the North American SUDEP Registry and (ii) donating the deceased's blood, brain, and heart for the purpose of scientific study. The bill also requires the Chief Medical Examiner to develop, together with the Commissioner of Health, training for medical examiners on SUDEP and the proper identification of deaths resulting from SUDEP and requires every medical examiner appointed by the Chief Medical Examiner to receive such training annually.
HB 663 - Kilgore - Cooperative agreement; reimbursement of costs necessary to examine, review, and supervise. (H) Committee on Counties, Cities and Towns

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0371)03/19/18
notes: Requires parties who have applied to the Department of Health for approval of a cooperative agreement to pay all costs incurred to examine the initial application and, in the event that the cooperative agreement is approved, all costs incurred for the review and ongoing supervision of the cooperative agreement by the State Health Commissioner.
HB 673 - Davis - Transitional Medical Assistance Services Program; established, report. (H) Committee on Rules(H) Left in Rules02/13/18
notes: Establishes the Transitional Medical Assistance Services Program (the Program) to provide medical assistance services to individuals transitioning from the Commonwealth's program for medical assistance services pursuant to Title XIX of the Social Security Act to self-sufficiency. The bill sets out eligibility criteria for participation in the Program, including annual premium payments, and requires the Secretary of Health and Human Resources to develop a plan for implementation of the Program by December 1, 2018. The bill has a delayed effective date of July 1, 2019.
HB 682 - Pogge - Certificate of public need; establishing new ambulatory surgery center in Hampton Roads. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the establishment of a new ambulatory surgery center located in Planning District 23 that will provide orthopedic services.
HB 730 - Head - Certificate of public need; ophthalmic ambulatory surgical centers. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Repeals the requirement for a certificate of public need for certain projects involving ambulatory surgical centers specializing in the provision of ophthalmic services. The bill creates a new permitting process for such projects, exempted from the certificate of public need process, that requires the Commissioner of Health to issue a permit upon the agreement of the applicant to certain charity care conditions and quality of care standards.
HB 759 - Head - Certificate of public need; establishing ambulatory surgery center in Roanoke Valley-Alleghany RC. (H) Committee on Health, Welfare and Institutions(H) Failed to report (defeated) in Health, Welfare and Institutions (8-Y 13-N)02/01/18
notes: Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the establishment of a new ambulatory surgery center located in Planning District 5 for the provision of endoscopic services.
HB 777 - Ransone - Emergency air medical transportation; informed decision. (H) Committee on Health, Welfare and Institutions(H) Continued to 2019 in Health, Welfare and Institutions02/06/18
notes: Requires emergency medical services personnel, prior to initiating contact with an emergency air medical transportation provider for air transport of a patient, to obtain written consent from the patient after disclosing certain information. The bill provides that emergency medical services personnel shall be exempt from such requirements if compliance might jeopardize the health or safety of the patient or the patient is unable to provide consent.
HB 778 - Ransone - Air medical transportation; informed decision. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0271)03/09/18
notes: Requires a health care provider, before arranging for air ambulance services for an individual known to be covered under a health benefit plan, to provide the covered person or his authorized representative a written disclosure and obtain the covered person's or his representative's signature on the disclosure document. The disclosure includes statements that (i) the air ambulance provider may be an out-of-network provider; (ii) if so, the air ambulance provider has not agreed to hold covered persons harmless from payment of any balance due after receiving any payment from the carrier under the covered person's health benefit plan; (iii) indicate the range of the typical charges for out-of-network air ambulance services for which the covered person may be responsible; and (iv) the covered person or his representative may agree to accept and pay the charges of the air ambulance provider as an out-of-network provider, contact the covered person's carrier for additional assistance, or rely on other rights and remedies that may be available under state or federal law. The disclosure is also required to include a statement that the covered person or the covered person's authorized representative may obtain a list of air ambulance providers from the covered person's carrier that are participating providers and may request that the health care provider arrange for air ambulance providers that are participating providers. The measure also provides that if the health care provider is unable to provide the written disclosure or obtain the signature of the covered person or his authorized representative, the health care provider is required to document the reason therefor.
HB 793 - Robinson - Nurse practitioners; practice agreements. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0776)04/04/18
notes: Eliminates the requirement for a practice agreement with a patient care team physician for nurse practitioners who are licensed by the Boards of Medicine and Nursing and have completed at least 1,040 hours of clinical experience as a licensed, certified nurse practitioner. The bill replaces the term "patient care team physician" with the term "collaborating provider" and allows a nurse practitioner who is exempt from the requirement for a practice agreement to enter into a practice agreement to provide collaboration and consultation to a nurse practitioner who is not exempt from the requirement for a practice agreement. The bill establishes title protection for advanced practice registered nurses, nurse practitioners, certified registered nurse anesthetists, certified nurse midwives, and clinical nurse specialists. The bill contains technical amendments.
HB 832 - Bell, Richard P. - Certificate of public need; open heart services in Northern Virginia. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for open heart services in Planning District 8, provided that certain conditions are met. The bill provides that the Commissioner shall not deny the application on the basis of the economic or service volumes impact on existing providers.
HB 874 - Orrock - Certificates of public need; creates a three-phase process to sunset requirements. (H) Committee on Health, Welfare and Institutions(H) Continued to 2019 in Health, Welfare and Institutions02/06/18
notes: Creates a three-phase process to sunset certificate of public need requirements for many categories of medical care facilities and projects, with the requirement for a certificate of public need eliminated (i) for the establishment of a new imaging service or addition of new equipment for imaging services beginning July 1, 2019; (ii) for ambulatory and outpatient surgery centers beginning July 1, 2020; and (iii) for hospitals and all other categories of projects other than nursing homes and facilities and equipment for open heart surgery and organ or tissue transplant services beginning July 1, 2021. The bill also creates a new permitting process for categories of facilities and projects exempted from the certificate of public need process that requires the Commissioner of Health to issue a permit but allows the Commissioner to condition a permit (a) on the agreement of the applicant to provide a specified level of care at a reduced rate to indigents, accept patients requiring specialized care, or facilitate the development and operation of primary medical care services in designated medically underserved areas of the applicant's service area or (b) on compliance of the applicant with quality of care standards. The bill allows the Commissioner to refuse to issue a permit if he determines that the project for which the permit is sought would be detrimental to the provision of health services in underserved areas of the Commonwealth.
HB 918 - Landes - Certificate of public need; permitting process for certain projects. (H) Committee on Health, Welfare and Institutions(H) Failed to report (defeated) in Health, Welfare and Institutions (10-Y 11-N)02/01/18
notes: Provides a permitting process for projects converting into an outpatient or ambulatory surgical center (i) that portion of a physician's office developed for the provision of outpatient or ambulatory surgery for which the applicant has a certificate of public need or (ii) a surgical suite within a physician's office that does not require a certificate of public need and that has been operating for at least two continuous years. The bill exempts such projects from the certificate of public need process and requires the Commissioner of Health to issue a permit upon the agreement of the applicant to certain charity care conditions and quality of care standards.
HB 1056 - Simon - Medical assistance services; determination of income, personal needs allowance. (H) Committee on Appropriations(H) Left in Appropriations02/13/18
notes: Provides that, when determining the income of a recipient of medical assistance services who is receiving long-term care in a medical institution or intermediate care facility, the Department shall disregard a personal needs allowance in an amount that is at least $150 and that the amount of the personal needs allowance shall be adjusted annually to reflect changes in the Consumer Price Index, all urban consumers (CPI-U).
HB 1190 - Toscano - Medicaid managed care plans; exchange participation. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Conditions a health carrier's eligibility to administer or sponsor any Medicaid managed care plan or to receive payments from the Commonwealth on account thereof on the health carrier's offering health benefit plans on any health benefit exchange operating in the Commonwealth pursuant to the Affordable Care Act. To meet this condition, the health carrier is required to offer plans (i) at all times during 2018 and following years, (ii) in the individual market at the bronze and silver levels and at any other level at the health carrier's discretion, and (iii) in every locality in the Commonwealth in which the health carrier conducts the business of insurance.
HB 1201 - Cline - Health benefit; plans offered by foreign health insurer. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(S) Left in Commerce and Labor03/10/18
notes: Authorizes any foreign health insurer to sell individual or group health benefit plans in the Commonwealth if it is approved to sell such plans in the foreign health insurer's domiciliary state. The measure establishes requirements applicable to such sales, including registration, disclosures, compliance with marketing standards, and financial condition. The measure has a delayed effective date of July 1, 2019.
HB 1268 - Toscano - Health benefits; employees of members of an association. (H) Committee on Commerce and Labor(H) Left in Commerce and Labor02/13/18
notes: Authorizes an association organized as a nonstock corporation whose members are employers conducting business in the Commonwealth to sponsor a trust that may offer or sell health plans to its members. To be eligible to sponsor a plan, the association is required to have been actively in existence for five years, have at least five members, have been formed for purposes other than obtaining or providing health benefits, and operate as a nonprofit entity. The health plans are to provide health benefits to the employees of members and the sponsoring association and their dependents. The health plan is a self-funded employee welfare benefit plan governed by and subject to the provisions of the federal Employee Retirement Income Security Act of 1974. The measure requires that health plans offered or sold under the program provide coverage for essential health benefits. The measure exempts such trust from state taxation and from insurance regulations.
HB 1350 - Fowler - Certificate of public need; freestanding diagnostic imaging center. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the establishment of and related equipment for a freestanding diagnostic imaging center located in the Town of Ashland that will provide diagnostic imaging services using magnetic resonance imaging (MRI) and computed tomographic (CT) scanning on an outpatient basis.
HB 1375 - Tyler - Mental health professional, qualified; broadens definition. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0171)03/05/18
notes: Broadens the definition of "qualified mental health professional" to include employees and independent contractors of the Department of Corrections who by education and experience are professionally qualified and registered by the Board of Counseling to provide collaborative mental health services.
HB 1389 - Aird - Community health worker; VDH to approve one or more entities to certify workers in the Commonwealth. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/13/18
notes: Requires the Department of Health to approve one or more entities to certify community health workers in the Commonwealth and prohibits a person from using or assuming the title of community health worker unless he is certified by an entity approved by the Department.
HB 1402 - Leftwich - Certificate of public need; definition of "medical care facility." (H) Committee on Health, Welfare and Institutions(H) Failed to report (defeated) in Health, Welfare and Institutions (10-Y 11-N)02/06/18
notes: Adds to the list of medical care facilities for which a certificate of public need is required any facility that has common ownership with an affiliated licensed hospital located within 35 miles of the facility and that includes, as part of the facility, a dedicated emergency department as defined in 42 C.F.R. 489.24(b) that is subject to the requirements of the federal Emergency Medical Treatment and Labor Act.
HJ 124 - Carter - Health care spending; JLARC to study. (H) Committee on Rules(H) Left in Rules02/13/18
notes: Directs the Joint Legislative Audit and Review Commission to study health care spending in the Commonwealth.
HJ 125 - Carter - Universal health care; JLARC to study cost of implementing. (H) Committee on Rules(H) Left in Rules02/13/18
notes: Directs the Joint Legislative Audit and Review Commission to study the cost of implementing universal health care in the Commonwealth.
SB 4 - Ebbin - Absentee voting; persons age 65 or older. (S) Committee on Privileges and Elections(S) Continued to 2019 in Privileges and Elections (13-Y 0-N)01/30/18
notes: Entitles a person who will be age 65 or older on the day of an election to vote by absentee ballot in that election.
SB 235 - DeSteph - Certificate of public need; establishment of new ambulatory surgery center in Hampton Roads. (S) Committee on Education and Health(S) Incorporated by Education and Health (SB266-Suetterlein) (11-Y 4-N)02/08/18
notes: Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the establishment of a new ambulatory surgery center located in Planning District 23 for the provision of health care services related to the practice of gastroenterology.
SB 236 - DeSteph - Certificate of public need; establishing new ambulatory surgery center in Hampton Roads. (S) Committee on Education and Health(S) Stricken at request of patron in Education and Health (15-Y 0-N)02/08/18
notes: Authorizes the State Health Commissioner to accept, review, and issue a certificate of public need for the establishment of a new ambulatory surgery center located in Planning District 23 that will provide orthopedic services and for the acquisition of certain medical equipment.
SB 243 - Cosgrove - Virginia Veterans Recovery Grant Program and Fund; established, report. (S) Committee on Finance(S) Continued to 2019 in Finance (12-Y 0-N)01/31/18
notes: Establishes the Virginia Veterans Recovery Grant Program and the Virginia Veterans Recovery Fund for the purpose of providing diagnostic services, hyperbaric oxygen treatment, and support services to eligible veterans who have post-traumatic stress disorder or a traumatic brain injury. The Program reimburses eligible facilities that provide hyperbaric oxygen treatment to an eligible veteran at no cost to the veteran and reimburses the eligible veteran for any necessary travel and living expenses required to receive treatment.
SB 266 - Suetterlein - Certificate of public need; establishment of certain surgery centers, etc. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(H) Passed by indefinitely in Health, Welfare and Institutions (16-Y 6-N)02/20/18
notes: Authorizes the State Health Commissioner (Commissioner) to accept and review applications and issue a certificate of public need for new neonatal care services in Planning District 5, provided that certain conditions are met. The bill provides that the Commissioner shall not deny the application on the basis of economic or service volume impact on existing providers.
SB 281 - Barker - Medicare patients; patient notice of observation or outpatient status. (S) Committee on Education and Health(S) Incorporated by Education and Health (SB269-Black) (14-Y 0-N)01/11/18
notes: Provides that, for Medicare patients placed in observation or outpatient status, any hospital that provides a written notice and an oral explanation of such notice to the patient that satisfies the federal requirements for such notice shall be deemed to have satisfied Virginia's requirements for such notice. The bill also extends the timeframe for the provision of the notice required by current law from 24 hours to 36 hours.
SB 282 - Barker - Medical assistance; eligibility for state plan. (S) Committee on Education and Health(S) Incorporated by Education and Health (SB572-Hanger) (15-Y 0-N)01/25/18
notes: Requires the Board of Medical Assistance Services to include in the state plan for medical assistance provision for the payment of medical assistance on behalf of individuals described in 42 U.S.C. 1396a(a)(10)(A)(i)(VIII) who are under 65 years of age and not otherwise eligible for medical assistance and whose household income does not exceed 133 percent of the federal poverty level for a family of that size. The bill provides that such provision shall expire on December 31 of any year in which the federal medical assistance percentage for such individuals falls below the percentages set forth in 42 C.F.R. 433.10(c)(6). This bill also repeals provisions of the Code of Virginia establishing the Medicaid Innovation and Reform Commission.
SB 304 - Marsden - Emergency medical services vehicles; temporary permit. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0279)03/09/18
notes: Provides that a temporary permit for an emergency medical services vehicle that does not meet required standards is valid for a period of 90 days from the end of the month of issue. Under current law, such permit is valid for a period not to exceed 60 days.
SB 310 - DeSteph - Medical Assistance Services, Department of; eligibility for services under waiver. (H) Committee on Appropriations

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0566)03/30/18
notes: Prohibits the Department of Medical Assistance Services from reducing, terminating, suspending, or denying services for an individual enrolled in a waiver who is otherwise eligible for such services on the basis of such individual's informed choice of place of residence in the Commonwealth.
SB 315 - Ruff - Hearing aid specialists; exemptions for the sale of hearing aids. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0458)03/23/18
notes: Allows licensed audiologists who have earned a doctoral degree in audiology to obtain a license to engage in the practice of fitting or dealing in hearing aids without the prerequisite of being required to pass an examination. The bill defines "audiologist" and "practice of audiology."
SB 321 - Ruff - Virginia Retirement System; health insurance credits for retired state employees. (H) Committee on Appropriations

(S) Committee on Finance
(H) Left in Appropriations03/06/18
notes: Increases annually the amount of the health insurance credit for retirees who rendered at least 30 years of creditable service in the Virginia Retirement System. The bill increases the credit by the same percentage as any annual post-retirement supplement that is calculated for employees hired on or after July 1, 2010.
SB 369 - Newman - All-Payer Claims Database; participation by certain insurers. (S) Committee on Education and Health(S) Incorporated by Education and Health (SB634-Dunnavant) (15-Y 0-N)01/18/18
notes: Provides that participation in the All-Payer Claims Database by (i) issuers of individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; corporations providing individual or group accident and sickness subscription contracts; and health maintenance organizations providing a health care plan for health care services; (ii) third-party administrators and any other entities that receive or collect charges, contributions, or premiums for, or adjust or settle health care claims for, Virginia residents; (iii) the Department of Medical Assistance Services with respect to services provided under programs administered pursuant to Titles XIX and XXI of the Social Security Act; and (iv) federal health insurance plans, if available, including but not limited to Medicare, TRICARE, and the Federal Employees Health Benefits Plan, shall be mandatory, to the extent permitted by federal law. Currently, participation is optional.
SB 417 - Barker - Community health worker; VDH to approve one or more entities to certify workers in the Commonwealth. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(H) Left in Health, Welfare and Institutions03/06/18
notes: Requires the Department of Health to approve one or more entities to certify community health workers in the Commonwealth and prohibits a person from using or assuming the title of community health worker unless he is certified by an entity approved by the Department.
SB 421 - Wexton - Paid medical leave; private employers with 50 or more employees to give to each full-time employee. (S) Committee on Commerce and Labor(S) Passed by indefinitely in Commerce and Labor (11-Y 4-N)01/22/18
notes: Requires private employers with 50 or more employees to give to each full-time employee paid medical leave. Paid medical leave would accrue at a rate of no less than one hour for every 50 hours worked in 2019. In 2020 and subsequent years, paid medical leave would accrue at a rate of no less than one hour for every 30 hours worked. Paid medical leave accrues at different rates for an employer that commences its business operations after January 1, 2019. An employee would be entitled to use accrued medical leave beginning on the ninetieth calendar day of employment. The bill would require an employer to provide paid medical leave, upon the request of the employee, for diagnosis, care, or treatment of health conditions of the employee or the employee's family member. The bill would prohibit an employer from discriminating or retaliating against an employee who requests paid medical leave. The bill would require employers to satisfy specified posting and notice and recordkeeping requirements and would require the Commissioner of Labor and Industry (the Commissioner) to administer and enforce these requirements and to investigate alleged violations of these requirements. The bill would authorize the Commissioner to impose specified civil penalties for violations. The Commissioner would be authorized to bring an action to recover specified civil penalties against an offender. The Commissioner would also be able to recover attorney fees of one-third of the amount set forth in the final order or judgment. The measure would not apply to employees covered by a collective bargaining agreement that provides for paid medical leave, nor would it lessen any other obligations of the employer to employees.
SB 505 - Carrico - Doctorate of medical science; establishes requirements for licensure and practice. (S) Committee on Education and Health(S) Continued to 2019 in Education and Health (15-Y 0-N)02/08/18
notes: Establishes requirements for licensure and practice as a doctorate of medical science. The bill provides that it is unlawful to practice as a doctorate of medical science unless licensed by the Board of Medicine (Board) and requires that an applicant for licensure, among other requirements, (i) hold an active unrestricted license to practice as a physician assistant in the Commonwealth or another jurisdiction and be able to demonstrate engagement in active clinical practice as a physician assistant under physician supervision for at least three years and (ii) be a graduate of at least a two-year doctor of medical science program or an equivalent program that is accredited by a regional body under the U.S Department of Education and an accrediting body approved by the Board. The bill provides that doctorates of medical science can practice only as part of a patient care team at a hospital or group medical practice engaged in primary care and are required to maintain appropriate collaboration and consultation, as evidenced in a written or electronic practice agreement, with at least one patient care team physician. The bill requires the Board to establish the scope of practice for doctorates of medical science and to promulgate regulations regarding collaboration and consultation among a patient care team and requirements for the practice agreement. The bill outlines the prescriptive authority of doctorates of medical science. The bill also authorizes various powers and requires various duties of a doctorate of medical science where such powers and duties are, under current law, given to and required of physician assistants and nurse practitioners.
SB 511 - Suetterlein - Optometry; scope of practice. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0280)03/09/18
notes: Provides that the practice of optometry includes the evaluation, examination, diagnosis, and treatment of abnormal or diseased conditions of the human eye and its adnexa by the use of medically recognized and appropriate devices, procedures, or technologies but that it does not include treatment by laser surgery; treatment by surgery except for treatment of styes, chalazia, or anterior segment lesions that does not require the use of general anesthesia or sutures; or the use of injections, including venipuncture and intravenous injections, except for certain injections by TPA-certified optometrists and for the treatment of emergency cases of anaphylactic shock with intramuscular epinephrine.
SB 652 - McPike - People with Severe Disabilities, Board for Purchases of Services from; established. (H) Committee on General Laws

(S) Committee on Finance
(G) Acts of Assembly Chapter text (CHAP0681)03/30/18
notes: Establishes the Board for Purchases of Services from People with Severe Disabilities to encourage state agencies and political subdivisions of the Commonwealth to purchase services provided by persons with severe disabilities as a means of increasing employment opportunities for such persons. The bill directs the Board to establish and publish a procurement list consisting of services provided by qualified nonprofit entities for procurement by state agencies and political subdivisions and to establish the fair market price of services that are contained on the procurement list.
SB 663 - McPike - Air medical transportation; informed decision. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0682)03/30/18
notes: Requires a health care provider, before arranging for air ambulance services for an individual known to be covered under a health benefit plan, to provide the covered person or his authorized representative a written disclosure and obtain the covered person's or his representative's signature on the disclosure document. The disclosure includes statements that (i) the air ambulance provider may be an out-of-network provider; (ii) if so, the air ambulance provider has not agreed to hold covered persons harmless from payment of any balance due after receiving any payment from the carrier under the covered person's health benefit plan; (iii) indicate the range of the typical charges for out-of-network air ambulance services for which the covered person may be responsible; and (iv) the covered person or his representative may agree to accept and pay the charges of the air ambulance provider as an out-of-network provider, contact the covered person's carrier for additional assistance, or rely on other rights and remedies that may be available under state or federal law. The disclosure is also required to include a statement that the covered person or the covered person's authorized representative may obtain a list of air ambulance providers from the covered person's carrier that are participating providers and may request that the health care provider arrange for air ambulance providers that are participating providers. The measure also provides that if the health care provider is unable to provide the written disclosure or obtain the signature of the covered person or his authorized representative, the health care provider is required to document the reason therefor.
SB 671 - Deeds - Health carriers; participation in health benefit exchange, requirement for conducting activities. (S) Committee on Commerce and Labor(S) Incorporated by Commerce and Labor (SB844-Dunnavant) (14-Y 0-N)01/29/18
notes: Prohibits a health carrier from engaging in the business of insurance in the Commonwealth or administering, sponsoring, selling, or providing a policy, coverage or services under a health plan or program for state or local employees or a Medicaid managed care program unless the health carrier is actively participating in any health benefit exchange established or operated in the Commonwealth. The measure defines "actively participating in the exchange" as offering health benefits plans on an exchange (i) in the individual market; (ii) at the bronze and silver levels, and at any other level at the health carrier's discretion; and (iii) in every locality in the Commonwealth in which the health carrier conducts any of the foregoing activities.
SB 672 - Deeds - Health insurance; small employers, self-employed persons. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(G) Acts of Assembly Chapter text (CHAP0782)04/06/18
notes: Revises the definition of "small employer" for purposes of health insurance to provide that it includes a self-employed person. The measure also provides that an individual who is the sole shareholder of a corporation or sole member of a limited liability company, or an immediate family member of such sole shareholder or member, qualifies as an employee of the corporation or limited liability company if he performed any service for remuneration under a contract of hire for the corporation or limited liability company.
SB 703 - Ruff - Out-of-state emergency medical services providers; authorized to provide service in Commonwealth. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0196)03/05/18
notes: Authorizes an emergency medical services provider who holds a valid license or certification in a state that borders the Commonwealth to provide emergency medical services in the Commonwealth if such services are provided at a widely attended event open to the public and, due to the expected number of attendees, the anticipated need for emergency medical services at the event is beyond the capacity of local emergency medical services providers. The bill requires that notice and certain information be provided to the Commissioner of Health. The bill provides that any out-of-state emergency medical services provider who holds a license or certification in a state that has entered into an interstate compact of which the Commonwealth is a member or any other interstate agreement with the Commonwealth regarding emergency medical services providers will be governed by the provisions of such compact or agreement.
SB 757 - Sturtevant - Certificate of public need; psychiatric beds and services. (S) Committee on Education and Health(S) Read third time and defeated by Senate (17-Y 22-N)02/13/18
notes: Repeals the requirement for a certificate of public need for certain projects involving mental hospitals or psychiatric hospitals and intermediate care facilities established primarily for the medical, psychiatric, or psychological treatment and rehabilitation of individuals with substance abuse. The bill creates a new permitting process for such projects, exempted from the certificate of public need process, that requires the Commissioner of Health to issue a permit upon the agreement of the applicant to certain charity care conditions and quality of care standards.
SB 845 - Dunnavant - Premium Security Plan; created, a state-based reinsurance program. (S) Committee on Finance(S) Continued to 2019 in Finance (16-Y 0-N)02/12/18
SB 860 - Lucas - Health care provider panels; vertically integrated carriers, public hospitals. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(H) Left in Commerce and Labor03/06/18
SB 915 - Dunnavant - Medical assistance; increase access to certain services. (H) Committee on Appropriations

(S) Committee on Finance
(S) Failed to pass03/10/18
notes: Directs the Department of Medical Assistance Services to amend the Medicaid demonstration project (Project Number 11-W-00297/3) to create the Priority Needs Access Program to (i) increase the income eligibility for adults with serious mental illness from 100 to 138 percent of the federal poverty level; (ii) include in the benefit package inpatient hospital and emergency room services; (iii) expand program eligibility to individuals with a diagnosis of mental illness, substance use disorder, or a life-threatening or complex chronic medical condition; (iv) and include the entire population of the demonstration project in the Commonwealth Coordinated Care Plus managed care program. The bill also creates an annual hospital assessment for private acute care hospitals.
SB 934 - Dunnavant - Benefits consortium; formation by a sponsoring association. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(G) Vetoed by Governor05/18/18
notes: Authorizes an association organized as a nonstock corporation whose members are employers conducting business in the Commonwealth to sponsor a trust. The measure authorizes the trust, called a benefits consortium, to sell benefits plans to its members. To be eligible to sponsor a plan, the association is required to have been actively in existence for 10 years, have at least five members, have been formed for purposes other than obtaining or providing health benefits, and operate as a nonprofit entity. The benefits plans may provide medical prescription drug, dental, and vision coverage for the employees of members and the sponsoring association and their dependents. The benefits may be self-funded or purchased from an insurer. The benefits consortium will be a multiple employer welfare arrangement subject to the provisions of the federal Employee Retirement Income Security Act of 1974. The measure exempts the benefits consortium from state taxation and insurance regulations.
SB 935 - Dunnavant - Group health benefit plans; bona fide associations. (H) Committee on Commerce and Labor

(S) Committee on Commerce and Labor
(G) Vetoed by Governor05/18/18
notes: Removes the definition of and references to "bona fide association" as used in provisions applicable to health care plans in the small employer market. The measure also excludes plans provided by a multiple employer welfare arrangement from the scope of the definition of a health benefit plan.
SB 956 - Barker - Virginia Health Care Access Program; established. (S) Committee on Education and Health(S) Incorporated by Education and Health (SB572-Hanger) (15-Y 0-N)01/25/18
notes: Establishes the Virginia Health Care Access Program (the Program) to (i) develop and fund programs to improve access to health care services for recipients of medical assistance and other medically needy, low-income underinsured and uninsured residents of the Commonwealth; (ii) support the financial stability of rural hospitals and access to health care in rural areas of the Commonwealth; and (iii) fund programmatic and financial support for health professional education provided by public and private teaching hospitals within the Commonwealth. The bill establishes the Virginia Health Care Access Authority to oversee implementation of the Program, including imposition of an assessment on covered hospitals, as that term is defined in the bill.
SJ 49 - Deeds - Health insurance premiums; Joint Commission on Health Care to study. (S) Committee on Rules(S) Passed by indefinitely in Rules02/09/18
notes: Directs the Joint Commission on Health Care to identify options to address rising premiums for health benefit plans sold in the Commonwealth.
SJ 50 - Deeds - Health insurance rate reviews; State Corporation Commission to study. (H) Committee on Rules

(S) Committee on Rules
(H) Left in Rules03/06/18
notes: Requests the State Corporation Commission to study the adequacy of the existing process for review and approval of accident and sickness insurance premiums.
SJ 54 - Deeds - Medicare supplement insurance policies; Joint Commission on Health Care to study. (S) Committee on Rules(S) Stricken at request of Patron in Rules02/09/18
notes: Directs the Joint Commission on Health Care to study access to Medicare supplement insurance policies for individuals under age 65.
SJ 74 - Ebbin - State and federal services; creation of a consolidated application for service. (H) Committee on Rules

(S) Committee on Rules
(H) Left in Rules03/06/18
notes: Encourages the Secretary of Health and Human Resources, the Secretary of Education, and their associated state agencies to analyze the feasibility of developing and implementing a consolidated application for state and federal services administered by the Commonwealth and to explore opportunities to share data among state agencies regarding applicants for and recipients of such services.
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