Health General

Bills CommitteeLast actionDate
HB 93 - Kory - Flavored tobacco products; sale or distribution prohibited, civil penalty. (H) Committee on Finance(H) Continued to 2021 in Finance02/05/20
notes: Prohibits the sale or distribution of flavored tobacco products, defined in the bill, and creates a civil penalty of $1,000 for a first offense and $5,000 for a second or subsequent offense.
HB 119 - Knight - Milk; definition, misbranding product, prohibition. (H) Committee on Agriculture, Chesapeake and Natural Resources

(S) Committee on Agriculture, Conservation and Natural Resources
(S) Referred to Committee on Agriculture, Conservation and Natural Resources01/30/20
notes: Defines "milk" as the lacteal secretion of a healthy hooved mammal and provides that a food product is unlawfully misbranded if its label states that it is milk and it fails to meet such definition, except for human breast milk. The bill directs the Board of Agriculture and Consumer Services to implement a plan to ban all products misbranded as milk. The bill shall not become effective until six months after the enactment, on or before October 1, 2029, of a similar act in any 11 of 14 specified states.
HB 189 - Levine - Health insurance; payment to out-of-network providers, emergency services. (H) Committee on Labor and Commerce(H) Incorporated by Labor and Commerce (HB901-Sickles)02/04/20
notes: Provides that when a covered person receives covered emergency services from an out-of-network health care provider, the covered person is not required to pay the out-of-network provider any amount other than the applicable cost-sharing requirement. The measure deletes a provision that allows an out-of-network provider to charge an individual for the balance of the provider's billed amount after applying the amount the health carrier is required to pay for such services. The measure also establishes a fourth standard for calculating the health carrier's required payment to the out-of-network provider of the emergency services, which standard is (i) the regional average for commercial payments for such service if the provider is a health care professional or (ii) the fair market value for such services if the provider is a facility. This fourth standard is the amount the health carrier is obligated to pay to the out-of-network provider if the amount is greater than any of the other three standards, which are (a) the amount negotiated with in-network providers for the emergency service or, if more than one amount is negotiated, the median of these amounts; (b) the amount for the emergency service calculated using the same method the health carrier generally uses to determine payments for out-of-network services, such as the usual, customary, and reasonable amount; or (c) the amount that would be paid under Medicare for the emergency service. The measure requires the health carrier to pay the required amount, less applicable cost-sharing requirements, directly to the out-of-network health care provider of the emergency services. If such provider determines that the amount to be paid by the health carrier does not comply with
HB 348 - Davis - Health insurance; authorization of drug prescribed by psychiatrist. (H) Committee on Appropriations(H) Left in Appropriations02/11/20
notes: Requires that any provider contract between a carrier and a participating health care provider with prescriptive authority, or its contracting agent, provide that no prior authorization is required for any drug prescribed by a psychiatrist, if (i) the drug is a covered benefit, (ii) the prescription does not exceed the FDA-labeled dosages, and (iii) the drug is prescribed consistent with the regulations of the Board of Medicine.
HB 385 - Sickles - Chiropractic, practice of; clarifies definition. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(S) Assigned Education sub: Health Professions02/12/20
notes: Clarifies the definition of "practice of chiropractic" to make clear that a doctor of chiropractic may (i) request, receive, and review a patient's medical and physical history, including information related to past surgical and nonsurgical treatment of the patient and controlled substances prescribed to patients, and (ii) document in a patient's record information related to the condition and symptoms of the patient, the examination and evaluation of the patient made by the doctor of chiropractic, and the treatment provided to the patient by the doctor of chiropractic.
HB 471 - Collins - Health professionals; unprofessional conduct, reporting. (H) Committee for Courts of Justice

(S) Committee on Education and Health
(S) Passed Senate (40-Y 0-N)02/17/20
notes: Requires the chief executive officer and the chief of staff of every hospital or other health care institution in the Commonwealth, the director of every licensed home health or hospice organization, the director of every accredited home health organization exempt from licensure, the administrator of every licensed assisted living facility, and the administrator of every provider licensed by the Department of Behavioral Health and Developmental Services in the Commonwealth to report to the Department of Health Professions any information of which he may become aware in his professional capacity that indicates a reasonable belief that a health care provider is in need of treatment or has been admitted as a patient for treatment of substance abuse or psychiatric illness that may render the health professional a danger to himself, the public or his patients, or that he determines, following review and any necessary investigation or consultation with the appropriate internal boards or committees authorized to impose disciplinary action on a health professional, indicates that there is a reasonable probability that such health professional may have engaged in unethical, fraudulent, or unprofessional conduct. Current law requires information to be reported if the information indicates, after reasonable investigation and consultation with the appropriate internal boards or committees authorized to impose disciplinary action on a health professional, a reasonable probability that such health professional may have engaged in unethical, fraudulent, or unprofessional conduct.
HB 529 - Samirah - Universal health care; Secretary of Health and Human Resources to study options for financing. (H) Committee on Rules(H) Left in Rules02/11/20
notes: Directs the Secretary of Health and Human Resources to enter into a contract with a qualified entity to study options for financing universal health care in the Commonwealth. The Secretary shall report the findings, conclusions, and recommendations of the qualified entity to the Governor and the General Assembly by December 1, 2020.
HB 879 - Sickles - Certificate of public need; revises the Medical Care Facilities Certificate of Public Need Program. (H) Committee on Appropriations

(S) Committee on Education and Health
(S) Referred to Committee on Education and Health02/11/20
notes: Revises the Medical Care Facilities Certificate of Public Need Program. The bill (i) removes from the list of reviewable medical care facilities specialized centers or clinics or that portion of a physician's office developed for the provision of lithotripsy, magnetic source imaging, or nuclear medicine imaging; (ii) removes from the definition of project introduction into an existing medical care facility of any new lithotripsy, magnetic source imaging, or obstetrical service that the facility has never provided or has not provided in the previous 12 months and addition by an existing medical care facility of any medical equipment for the provision of lithotripsy and magnetic source imaging; (iii) creates a new process for registration of projects exempted from the definition of project by the bill; (iv) renames the State Medical Facilities Plan as the State Health Services Plan and establishes a State Health Services Plan task force to provide recommendations related to the content of the State Health Services Plan; (v) clarifies the content of the application for a certificate; (vi) reduces the timeline for a person to be made party to the case for good cause from 80 calendar days to four days following completion of the review and submission of recommendations related to an application; (vii) requires the Commissioner of Health to condition issuance of a certificate upon the agreement of the applicant to provide care to individuals who are eligible for benefits under Title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.), Title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), and 10 U.S.C. 1071 et seq. and permits the Commissioner to condition the issuance of a certificate on
HB 1257 - Rasoul - Drinking water supplies; maximum contaminant levels, effective date. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(S) Referred to Committee on Education and Health02/04/20
notes: Directs the State Board of Health to adopt regulations establishing maximum contaminant levels (MCLs) in public drinking water systems for (i) PFOS, PFOA, and other PFAS compounds, as deemed necessarily; (ii) chromium-6; and (iii) 1,4-dioxane. The bill requires such MCLs to be protective of public health, including the health of vulnerable subpopulations, and to be no higher than any MCL or health advisory adopted by the U.S. Environmental Protection Agency for the same contaminant.
HB 1351 - Watts - Temporary detention; expands category of individuals who may evaluate a person. (H) Committee on Health, Welfare and Institutions(H) Continued to 2021 in Health, Welfare and Institutions02/04/20
notes: Expands the category of individuals who may evaluate a person who is the subject of an emergency custody order to determine whether the person meets the criteria for temporary detention to include any person described in the definition of "mental health professional" in 54.1-2400.1 who (i) is skilled in the diagnosis and treatment of mental illness, (ii) has completed a certification program approved by the Department of Behavioral Health and Developmental Services, and (iii) complies with regulations of the Board of Behavioral Health and Developmental Services related to performance of such evaluations.
HB 1387 - Leftwich - Certificate of public need; definition of "medical care facility," projects filed on/before 12/2017. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/11/20
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 Active Labor Act.
HB 1453 - Hope - Acute psychiatric bed registry; DBHDS shall establish work group to evaluate, etc. (H) Committee on Appropriations

(S) Committee on Education and Health
(S) Referred to Committee on Education and Health02/11/20
notes: Directs the Department of Behavioral Health and Developmental Services to establish a work group to evaluate the role of, and make recommendations related to improving the structure and effectiveness of the, psychiatric bed registry. The work group shall report its findings, conclusions, and recommendations to the Governor and the Chairmen of the Senate Committee on Education and Health, the House Committee on Health, Welfare and Institutions, and the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the Twenty-First Century by November 1, 2020.
HB 1489 - Hudson - Disease prevention and control; immunizations. (H) Committee on Health, Welfare and Institutions(H) Incorporated by Health, Welfare and Institutions (HB1090-Hope)01/28/20
HB 1562 - Head - Music therapy; definition of music therapist, licensure. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(S) Passed Senate (40-Y 0-N)02/17/20
notes: Requires the Board of Social Work to adopt regulations establishing a regulatory structure to license music therapists in the Commonwealth and establishes an advisory board to assist the Board in this process. Under the bill, no person shall engage in the practice of music therapy or hold himself out or otherwise represent himself as a music therapist unless he is licensed by the Board.
HJ 109 - Campbell, R.R. - Individuals with intellectual disabilities; JLARC to study cost-effective care. (H) Committee on Rules(H) Left in Rules02/11/20
notes: Directing the Joint Legislative Audit and Review Commission to study costs of care for individuals with intellectual disabilities. In conducting its study, the Joint Legislative Audit and Review Commission shall analyze the Commonwealth's per capita costs of care for individuals with intellectual disabilities and per capita costs of care and cost-effective methods used by other states to provide care for individuals with intellectual disabilities and shall make recommendations regarding how the Commonwealth can reduce such costs or make more efficient use of the services provided for individuals with intellectual disabilities to increase its efficiency in the provision of such care and services.
SB 386 - McPike - Emergency Medical Services Patient Care Information System; trauma data, confidentiality. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(H) Assigned HWI sub: Health02/13/20
notes: Authorizes the State Health Commissioner to disclose certain confidential data in the Emergency Medical Services Patient Care Information System, including information, research, or medical data that identifies patients by name or address, to certain entities that seek to improve the delivery of prehospital and hospital emergency medical services, the quality of patient care, and access to medical services or to make other system improvements, if the Commissioner determines that such disclosure is necessary to develop and implement such improvements. The bill requires the Board of Health to develop and approve a policy specific to the sharing of data from the Emergency Medical Services Patient Care Information System.
SB 474 - Petersen - Health care provider panels; vertically integrated carriers, public hospitals. (S) Committee on Commerce and Labor(S) Continued to 2021 in Commerce and Labor (11-Y 3-N 1-A)02/09/20
notes: Requires any vertically integrated carrier to offer to every public hospital participation in each provider panel or network established for each of the vertically integrated carrier's policies, products, and plans, including all policies, products, and plans offered to individuals, employers, and enrollees in state and federal government benefit programs. The measure requires that the offered participation (i) be without any adverse tiering or other financial incentives that may discourage enrollees from utilizing the services of the public hospital and (ii) include all services offered by the public hospital and any other entity owned, operated, or controlled by the public hospital. The bill defines "vertically integrated carrier" as a health insurer or other carrier that owns an interest in, is owned by, or is under common ownership or control with an acute care hospital facility, excluding an entity that is under the ultimate control of or under common control with a public hospital.
SB 482 - Favola - Developmental Disabilities Mortality Review Committee; created, report. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(H) Subcommittee recommends reporting (6-Y 0-N)02/17/20
notes: Creates the Developmental Disabilities Mortality Review Committee to review the death of any person with a developmental disability who was receiving services from a provider licensed by the Department of Behavioral Health and Developmental Disabilities or in a training center or other state facility at the time of his death to ensure that the deaths of such persons are reviewed and analyzed in a systematic way.
SB 494 - Edwards - Crisis intervention team training; defines and adds to stakeholders, etc. (H) Committee for Courts of Justice

(S) Committee on the Judiciary
(H) Referred to Committee for Courts of Justice02/14/20
notes: Adds the Department for Aging and Rehabilitation Services and brain injury stakeholders to the list of entities with whom the Department of Criminal Justice Services is required to consult in developing a training program for all persons involved in the crisis intervention team programs and requires the curriculum for such training program to include a module on brain injury.
SB 574 - Mason - Protective orders; petitioning court on behalf of incapacitated persons. (S) Committee on the Judiciary(S) Stricken at the request of Patron in Judiciary (13-Y 0-N)01/27/20
notes: Allows an employee of a local department of social services (local department) to petition a court on behalf of an incapacitated person for a preliminary protective order in cases of family abuse or non-family abuse. If the court finds by a preponderance of the evidence that the person is an incapacitated person and lacks the capacity to file such petition for himself, the court shall grant a guardian ad litem to represent the interests of the incapacitated person and may issue an order granting the preliminary protective order if other conditions required for the issuance of a preliminary protective order are met. The bill allows the employee of a local department who filed the petition to testify on behalf of the incapacitated person at any hearing for the preliminary protective order and at the full hearing on the petition. At the full hearing on the petition, the court may issue a protective order for a specified period of time, up to a maximum of two years, if the court finds by a preponderance of the evidence that the employee of a local department who filed the petition has proven the allegation of abuse or that the incapacitated person has been subjected to an act of violence, force, or threat.
SB 982 - Hashmi - Physicians; medical specialty board certification options. (S) Committee on Education and Health(S) Stricken at request of patron in Education and Health (13-Y 0-N)02/06/20
notes: Physicians; medical specialty board certification options. Prohibits requiring maintenance of certification from physicians licensed to practice medicine in the Commonwealth, as a prerequisite to hospital medical staff membership, employment, malpractice liability insurance coverage, network status, or reimbursement for services provided to a person covered by a health insurance policy.

SB 993 - Locke - State Health Commissioner; local health directors, qualifications. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(H) Assigned HWI sub: Health02/13/20
notes: Allows the State Health Commissioner and local health directors to either be physicians, as required under existing law, or possess a Doctor of Public Health degree, a Master of Public Health degree, or a doctoral degree in the area of public health as an alternative to the current requirement.
SB 1079 - Suetterlein - Board of Medicine; medically unnecessary chaperones. (S) Committee on Education and Health(S) Continued to 2021 in Education and Health (15-Y 0-N)02/06/20
notes: Board of Medicine; medically unnecessary chaperones. Directs the Board of Medicine to amend its regulations to require that patients be notified that they have the right to opt out of the presence of a chaperone during medical examinations, provided that the chaperone is medically unnecessary. The bill also requires the regulations to include a provision permitting health care practitioners to refuse to perform medical services for a patient who refuses the presence of a chaperone.
SB 1081 - Suetterlein - COPN; demonstration of public need and compliance with State Medical Facilities Plan. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(H) Assigned HWI sub: Health02/17/20
notes: COPN; demonstration of public need and compliance with State Medical Facilities Plan. Provides that, notwithstanding any other provision of law or regulation, an application for a certificate of public need for the introduction of a specialty-level neonatal special care service in Planning District 5 that (i) contains in the record testimony of a neonatologist, employed or contracted by an incumbent provider of neonatal special care services in the same planning district, that the proposed number of bassinets in the application is clinically appropriate for the neonatal special care service proposed and would be beneficial to health outcomes of infants born at the applicant's facility and (ii) includes the agreement of the applicant to accept standard charity care conditions on the proposed neonatal special care services shall be deemed to (a) demonstrate a public need for such proposed specialty-level neonatal special care service and (b) be consistent with the State Medical Facilities Plan.