Long-Term Care & Medicaid

Bills CommitteeLast actionDate
HB 324 - Ayala - Independent Living Community Ombudsman, Office of; established, report. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/11/20
notes: Establishes, in the Department for Aging and Rehabilitative Services, the Office of the Independent Living Community Ombudsman, to promote and protect the interests of residents of independent living communities in the Commonwealth. The bill defines "independent living community" as any congregate care housing arrangement reserved for residents 55 years of age or older who do not require assistance with activities of daily living from staff of the independent living community and that includes the provision of two or more of the following services: meals, transportation, laundry, or housekeeping, when such services are provided pursuant to an agreement between the resident and the congregate care housing provider or between the resident and a third party that delivers such services at the premises of the independent living community.
HB 361 - Rasoul - Family caregiver; tax credit. (H) Committee on Appropriations(H) Left in Appropriations02/11/20
notes: Creates a nonrefundable income tax credit beginning in taxable year 2020 for expenses incurred by an individual in caring for an eligible family member, defined in the bill, who requires assistance with one or more activities of daily living, also defined in the bill. The credit equals 50 percent of eligible expenditures incurred by the caregiver, but shall not exceed $1,000. In order to qualify for the credit, the family caregiver must (i) not receive any compensation or reimbursement for the eligible expenditures, and (ii) have federal adjusted gross income that is no greater than $75,000 for an individual or $150,000 for married persons. Both the caregiver and the eligible family member must be residents of Virginia.

The bill requires the Tax Commissioner to establish guidelines for claiming the credit and provides that any unused credit may be carried forward by the taxpayer for five taxable years following the taxable year for which the credit was issued. The credit expires beginning with taxable year 2025.
HB 603 - Freitas - Medical Assistance Services, Board of; reimbursement for services, family members. (H) Committee on Health, Welfare and Institutions(H) Continued to 2021 in Health, Welfare and Institutions01/30/20
notes: Directs the Board of Medical Assistance Services to revise its regulations governing reimbursement for individuals receiving treatment under the state plan for medical assistance and any waivers thereto to allow reimbursement of family members, including spouses, who provide qualifying services.
HB 737 - Watts - Nursing homes; standards of care. (H) Committee on Appropriations(H) Left in Appropriations02/11/20
notes: Requires regulations establishing the staffing and care standards in nursing homes to require a minimum number of hours of direct care services to each resident per 24-hour period, which minimum increases in specified phases from 3.5 hours to 4.1 hours.
HB 855 - Murphy - Group home; definition, licensure of private providers. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/11/20
notes: Defines "group home" for the purposes of licensure of private providers by the Departments of Social Services and Behavioral Health and Developmental Services and provides that "group home" does not include any facility licensed by the Department of Health.
HB 887 - Filler-Corn - ABLE savings trust agreement; Medicaid clawback prohibition. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(S) Referred to Committee on Education and Health02/06/20
notes: Provides that the beneficiary of an ABLE savings trust account may appoint a survivor. In the event of the beneficiary's death, the survivor becomes the new beneficiary of the account if he is eligible under federal law to be a beneficiary of an ABLE savings trust account. The bill provides that if the survivor is ineligible, then any proceeds remaining in the account are distributed to the survivor and the account is closed. Under current law, if the beneficiary of an ABLE savings trust account dies, his state of residence becomes a creditor of the account and may seek payment under federal law for Medicaid benefits provided to the beneficiary while he was alive. The bill prohibits the Commonwealth from seeking estate recovery or payment from the proceeds of the deceased beneficiary's account for benefits provided to him.
HB 902 - Sickles - Long-term care services and supports; preadmission screenings. (H) Committee on Appropriations

(S) Committee on Education and Health
(S) Referred to Committee on Education and Health02/11/20
notes: Provides that every individual who applies for community or institutional long-term care services and supports as defined in the state plan for medical assistance services may choose to receive services in a community or institutional setting and may choose the setting and provider of long-term care services and supports from a list of approved providers. The bill also clarifies requirements related to the performance of such long-term care services and supports screenings.
HB 925 - Coyner - DMAS; steps to facilitate transition between two programs. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(S) Referred to Committee on Education and Health02/06/20
notes: Directs the Department of Medical Assistance Services (DMAS) to establish a process for (i) conducting a comprehensive needs assessment of a person who is eligible to participate in the Medicaid Works waiver program but is not yet participating in such program to determine the services the person may need to continue to live independently and engage in employment and (ii) developing a plan of care for such person that describes the types of services and amount of each such service the person will receive should they choose to participate in the Medicaid Works waiver program so that persons considering transitioning from the Home and Community-Based Services waiver program to the Medicaid Works waiver program have sufficient information to make an informed choice regarding such transition. The bill also requires DMAS to develop processes to (i) enable a person who transitions from a Home and Community-Based Services waiver service to the Medicaid Works waiver program to retain their Home and Community-Based Services waiver slot for up to 180 days following the date of such transition and (ii) give priority to individuals previously receiving services through such waiver program who transitioned to the Medicaid Works waiver program and who subsequently seek to return to receiving services through the Home and Community-Based Services waiver program.
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 352 - Lucas - Guardianship and conservatorship; supported decision-making alternative. (H) Committee on Health, Welfare and Institutions

(S) Committee on the Judiciary
(H) Subcommittee recommends continuing to 202102/17/20
notes: Requires a guardian ad litem in a proceeding for the appointment of a guardian or conservator to include in his report to the court information as to whether a supported decision-making agreement, as defined in the bill, is a viable option in lieu of guardianship or conservatorship.
SB 355 - Cosgrove - Assisted living facilities; audio-visual recording of residents, report. (H) Committee on Health, Welfare and Institutions

(S) Committee on Rehabilitation and Social Services
(H) Assigned HWI sub: Social Services02/13/20
notes: Directs the Board of Social Services (the Board) to promulgate regulations by July 1, 2021, governing audio-visual recording of residents in assisted living facilities and requires the Department of Social Services to convene a workgroup of stakeholders to make recommendations on such regulations. The workgroup shall report its recommendations to the Board and the General Assembly by December 1, 2020.
SB 397 - Kiggans - Nursing homes; VDH to convene work group related to increasing availability of clinical workforce. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(H) Assigned HWI sub: Health02/13/20
notes: Directs the Department of Health to convene a work group to review and make recommendations on increasing the availability of the clinical workforce for nursing homes in the Commonwealth. The work group shall include stakeholder groups as appropriate. The bill directs the Department to collaborate with the Department of Health Professions, the Governor's Chief Workforce Development Advisor, and other state agencies as appropriate. The bill directs the Department to report all recommendations to the Chairmen of the Senate Committee on Education and Health and the House Committee on Health, Welfare and Institutions on or before November 15, 2020.
SB 425 - DeSteph - Assisted living facilities; audio-visual recording of residents, report. (S) Committee on Rehabilitation and Social Services(S) Stricken at request of Patron in Rehabilitation and Social Services (14-Y 0-N)01/31/20
notes: Directs the Board of Social Services (the Board) to promulgate regulations by July 1, 2021, governing audio-visual recording of residents in assisted living facilities and requires the Department of Social Services to convene a workgroup of stakeholders to make recommendations on such regulations. The workgroup shall report its recommendations to the Board and the General Assembly by December 1, 2020.
SB 572 - Mason - Alzheimer's disease and related dementias; early detection and diagnosis, risk reduction and care. (H) Committee on Health, Welfare and Institutions

(S) Committee on Finance and Appropriations
(H) Referred to Committee on Health, Welfare and Institutions02/13/20
notes: Provides that, the Department of Health, in consultation with the Department for Aging and Rehabilitative Services, shall have the lead responsibility for taking actions to address and reduce the risks and impairments associated with Alzheimer's disease and related dementias within the Commonwealth.