Consumer Protection
| Bills | Committee | Last action | Date |
| HB 1374 - Taylor - Civil action for trafficking in persons; charge or conviction not required. | (H) Committee for Courts of Justice (S) Committee on the Judiciary | (G) Approved by Governor-Chapter 385 (effective 7/1/23) | 03/23/23 |
| notes: Provides that a person may maintain a civil action against an individual for trafficking in persons whether or not an individual has been charged with or convicted of certain alleged violations. | |||
| HB 1458 - Ballard - Geriatric prisoners; conditional release. | (H) Committee on Public Safety (S) Committee on Rehabilitation and Social Services | (S) Passed by indefinitely in Rehabilitation and Social Services (9-Y 5-N) | 02/17/23 |
| notes: Expands the list of offenses that prohibit a person from petitioning the Parole Board for conditional release as a geriatric prisoner. | |||
| HB 1517 - Adams, D.M. - Virginia Consumer Protection Act; automatic renewal or continuous service offers. | (H) Committee on Commerce and Energy (S) Committee on General Laws and Technology | (G) Governor's Action Deadline 11:59 p.m., March 27, 2023 | 03/02/23 |
| notes: Requires suppliers of automatic renewals or continuous service offers that include a free trial to, within 30 days of the end of any such free trial, notify the consumer of his option to cancel the free trial before the end of the trial period to avoid an obligation to pay for the goods or services. The bill provides that failure to notify a consumer of such option is a violation of the Virginia Consumer Protection Act. The bill also makes it a violation of the Virginia Consumer Protection Act for a supplier to fail to disclose the total cost of a good or service to a consumer, including any mandatory fees or charges, prior to entering into an agreement for the sale of any such good or provision of any such service. | |||
| HB 1689 - Greenhalgh - Patient visitation; visitation from clergy members during declared public health emergency. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (S) Passed by indefinitely in Education and Health (9-Y 6-N) | 02/16/23 |
| notes: 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. | |||
| HB 1833 - Walker - Over-the-counter and prescription hearing aids; licensure not required by certain corporations, etc. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (G) Approved by Governor-Chapter 273 (effective 7/1/23) | 03/22/23 |
| notes: Clarifies that licensure by the Board for Hearing Aid Specialists and Opticians is not required for a corporation, partnership, trust, association, or other like organization engaged in the business of selling prescription hearing aids, defined in the bill as a hearing aid that is not an over-the-counter hearing aid, provided that it employs only licensed practitioners in the direct sale and fitting of prescription hearing aids. | |||
| HB 1952 - Hodges - Pharmacies; reporting of processing delays impacting patient safety. | (H) Committee on Health, Welfare and Institutions (S) Committee on Education and Health | (S) Left in Education and Health | 02/22/23 |
| notes: Requires that a pharmacy that, on average, during any one-week period is unable to process a prescription within two days of receipt of such prescription shall report the prescription backlog to the Board of Pharmacy (the Board). The bill requires any pharmacy making such report to submit a corrective action plan detailing its staffing, workflow, technology, and patient communication strategies to address the prescription backlog. The bill permits the Board to (i) investigate any reported or suspected backlog; (ii) accept, amend, or reject a corrective action plan; and (iii) impose disciplinary action against the pharmacy permit for failure to comply with this section. Additionally, the bill allows pharmacies to perform centralized or remote processing of prescriptions in accordance with regulations promulgated by the Board. The bill directs the Board to adopt emergency regulations within 280 days of enactment. | |||
| HB 2219 - Tran - Health records privacy; consumer-generated health information. | (H) Committee on Health, Welfare and Institutions | (H) Left in Health, Welfare and Institutions | 02/07/23 |
| notes: 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. | |||
| HB 2237 - Helmer - Hospital price transparency; private right of action, patient payment disputes. | (H) Committee on Health, Welfare and Institutions | (H) Left in Health, Welfare and Institutions | 02/07/23 |
| notes: Allows patients to bring an action against a hospital that is not in material compliance with hospital price transparency laws. Under the bill, if a hospital is not in material compliance with hospital price transparency laws on the date that an elective procedure, test, or service is provided to a patient by the hospital, the patient may bring an action, individually or jointly, against the hospital to recover payment of the price of the elective procedure, test, or service. Under the bill, a hospital that is not in material compliance with hospital price transparency laws on the date that an elective procedure, test, or service is provided to a patient is liable for the price of the elective procedure, test, or service provided and an additional equal amount as liquidated damages; interest accruing from the date the elective procedure, test, or service was provided; and reasonable attorney fees and costs. The bill requires the court, if it finds that the hospital knowingly was not in material compliance with hospital price transparency laws, to award the patient an amount equal to triple the amount of the price of the elective procedure, test, or service and reasonable attorney fees and costs. Under the bill, beginning July 1, 2023, whenever a dispute arises between a hospital and a patient over a patient payment amount, the hospital's list of standard charges for all items and services shall be used to determine the correct payment amount and reasonableness of the payment. The bill also prohibits a hospital, defined in the bill, or other person or entity collecting on behalf of the hospital, from initiating or pursuing collection actions against a patient or patient guarantor for debt incurred by the patient o | |||
| HB 2427 - Freitas - Hospital price transparency; private right of action, patient payment disputes. | (H) Committee on Health, Welfare and Institutions | (H) Left in Health, Welfare and Institutions | 02/07/23 |
| notes: Allows patients to bring an action against a hospital that is not in material compliance with hospital price transparency laws. Under the bill, if a hospital is not in material compliance with hospital price transparency laws on the date that an elective procedure, test, or service is provided to a patient by the hospital, the patient may bring an action, individually or jointly, against the hospital to recover payment of the price of the elective procedure, test, or service. Under the bill, a hospital that is not in material compliance with hospital price transparency laws on the date that an elective procedure, test, or service is provided to a patient is liable for the price of the elective procedure, test, or service provided and an additional equal amount as liquidated damages; interest accruing from the date the elective procedure, test, or service was provided; and reasonable attorney fees and costs. The bill requires the court, if it finds that the hospital knowingly was not in material compliance with hospital price transparency laws, to award the patient an amount up to triple the amount of the price of the elective procedure, test, or service and reasonable attorney fees and costs. Under the bill, beginning July 1, 2023, whenever a dispute arises between a hospital and a patient over a patient payment amount, the hospital's list of standard charges for all items and services shall be used to determine the correct payment amount and reasonableness of the payment. The bill also prohibits a hospital, defined in the bill, or other person or entity collecting on behalf of the hospital, from initiating or pursuing collection actions against a patient or patient guarantor for debt incurred by the patient on t | |||
| HB 2435 - Hodges - Hospital price transparency; enforcement, plans of correction. | (H) Committee on Health, Welfare and Institutions | (H) Left in Health, Welfare and Institutions | 02/07/23 |
| notes: Grants the Department of Health authority to impose a plan of correction on hospitals that fail to comply with hospital price transparency requirements. The bill imposes a civil penalty on noncompliant hospitals. Hospitals that violate price transparency requirements may be reported to the Consumer Protection Division of the Office of the Attorney General. | |||
| HB 2447 - Fariss - Virginia Consumer Protection Act; prohibited practices. | (H) Committee on Commerce and Energy | (H) Left in Commerce and Energy | 02/07/23 |
| notes: Prohibits a seller from imposing any fee or charge as a banking fee or supply chain fee, in connection with the sale of a good or service if such fee or charge is not communicated or otherwise disclosed to the consumer prior to providing or entering into an agreement to provide such good or service. | |||
| SB 815 - Surovell - Virginia Motor Vehicle Warranty Enforcement Act; expands definition of motor vehicle. | (H) Committee on Commerce and Energy (S) Committee on Transportation | (H) Left in Commerce and Energy | 02/22/23 |
| notes: Expands the definition of "motor vehicle" in the Virginia Motor Vehicle Warranty Enforcement Act to include a vehicle with a gross vehicle weight under 10,000 pounds that is bought or used primarily for business purposes by a person or certain legal business entities to which not more than five motor vehicles are registered. The bill also adds electronic mail communications to the definition of "notify" or "notification" in the Act. | |||
| SB 974 - Peake - Consumer finance companies; authority of Attorney General to issue civil investigative demand. | (H) Committee on Commerce and Energy (S) Committee on Commerce and Labor | (G) Governor's Action Deadline 11:59 p.m., March 27, 2023 | 03/02/23 |
| notes: Authorizes the Attorney General, whenever he has reasonable cause to believe that any person has violated any provision relating to consumer finance companies, to issue a civil investigative demand. | |||
| SB 1221 - Obenshain - Assisted living facilities; minimum liability insurance. | (H) Committee on Health, Welfare and Institutions (S) Committee on Rehabilitation and Social Services | (G) Governor's Action Deadline 11:59 p.m., March 27, 2023 | 03/13/23 |
| notes:
Requires the Board of Social Services to adopt regulations requiring each assisted living facility to maintain a minimum amount of liability insurance, as determined by the Board, and provide notice of such insurance, upon request, to any resident or prospective resident. Under current law, assisted living facilities must provide a statement disclosing whether the facility maintains liability insurance but can only state that it does if it meets a minimum amount of coverage established by the Board. |
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| SB 1223 - Obenshain - Vulnerable adults; financial exploitation, venue for trial. | (H) Committee for Courts of Justice (S) Committee on the Judiciary | (G) Approved by Governor-Chapter 330 (effective 7/1/23) | 03/23/23 |
| notes: Provides that, in addition to the county or city in which any act was performed in furtherance of the offense or the accused resided at the time of the offense, venue for the trial of an accused charged with financial exploitation of vulnerable adult may be in any county or city in which (i) the vulnerable adult resides or resided at the time of the offense or (ii) the vulnerable adult sustained a financial loss as a result of the offense. This bill is a recommendation of the Virginia Criminal Justice Conference. | |||
| SB 1297 - DeSteph - In-person visitation; policies and procedures at certain facilities, definition of "facility." | (S) Committee on Education and Health | (S) Passed by indefinitely in Education and Health (13-Y 1-N 1-A) | 02/02/23 |
| notes: Requires hospitals, nursing homes, certified nursing facilities, hospices or hospice facilities, assisted living facilities, and intermediate care facilities to establish certain in-person visitation policies and procedures. The bill (i) requires that such policies include screening, personal protective equipment, and other infection control protocols for visitors; (ii) prohibits such policies from requiring the visitor to provide proof of immunization or vaccination; (iii) requires such policies to allow consensual physical contact between the visitor and the resident, client, or patient of the facility; (iv) authorizes the resident, client, or patient to designate an essential caregiver and establishes requirements related to essential caregivers; (v) requires that such policies allow unrestricted in-person visitation under certain circumstances; (vi) provides that the policies and procedures may require visitors to agree in writing to follow such policies and procedures; (vii) authorizes facilities to suspend in-person visitation of specific visitors for violations of such agreement; (viii) requires facilities to make their in-person policies and procedures available to the Department of Health for review when applying for initial licensure, licensure renewal, or change of ownership; and (ix) requires facilities and the Department of Health to make their in-person visitation policies and procedures easily accessible from their websites. | |||
| SB 1339 - Barker - Certified nursing facilities; minimum staffing standards, administrative sanctions. | (H) Committee on Health, Welfare and Institutions (S) Committee on Finance and Appropriations | (G) Governor's Action Deadline 11:59 p.m., March 27, 2023 | 03/02/23 |
| notes: 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. | |||
| SB 1432 - Hashmi - Health records privacy; consumer-generated health information. | (S) Committee on Education and Health | (S) Passed by indefinitely in Education and Health with letter (15-Y 0-N) | 02/02/23 |
| notes: 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. | |||
| SB 1458 - Ebbin - Assisted living facilities; Sec. of Labor, et al., to study regulating staffing agencies. | (H) Committee on Health, Welfare and Institutions (S) Committee on Rules | (H) Tabled in Health, Welfare and Institutions (12-Y 10-N) | 02/16/23 |
| notes: Directs the Department of Health Professions to review and adopt regulations regulating the use of supplemental nursing services, defined in the bill, in assisted living facilities. | |||
| SB 1509 - Mason - Home solicitation sale; clarifies definition. | (H) Committee on Commerce and Energy (S) Committee on Commerce and Labor | (G) Approved by Governor-Chapter 302 (effective 7/1/23) | 03/23/23 |
| notes: Clarifies that the definition of a "home solicitation sale" includes a solicitation of the sale or lease of goods and services in which the seller engages in a solicitation without prior invitation, appointment, or consent. The bill excludes from the definition of "home solicitation sale" (i) consumer sales made by an entity regulated by the Bureau of Insurance and (ii) sales made entirely by telephone or electronic means at the initiation of the buyer without any other contact between the buyer and the seller. The bill also prohibits a buyer from canceling a home solicitation sale if the seller in good faith begins performance of the contract at the buyer's request. | |||
| SB 1540 - Pillion - Consumer protection; automatic renewal or continuous service offer to consumer, exemptions. | (H) Committee on Commerce and Energy (S) Committee on General Laws and Technology | (G) Approved by Governor-Chapter 288 (effective 7/1/23) | 03/23/23 |
| notes: Exempts extended service contract providers, and their affiliates, regulated by the Department of Agriculture and Consumer Services and insurers or entities regulated by Title 38.2 (Insurance) from provisions of law governing automatic renewal and continuous service offers to consumers. The bill also amends the definition of "automatic renewal" to mean a plan or arrangement in which a paid subscription or purchasing agreement is automatically renewed at the end of a definite term for a subsequent term of more than one month. Current law does not specify the length of the subsequent renewal term. | |||