Long-Term Care & Medicaid

Bills CommitteeLast actionDate
HB 232 - Orrock - Medicaid Fraud Control Unit; recovery of fraudulent payments, report. (H) Committee on Health, Welfare and Institutions(H) Left in Health, Welfare and Institutions02/15/22
notes: Directs the Attorney General to report annually (i) the number of investigations conducted of providers of medical assistance services under the state plan for medical assistance alleged to have fraudulently obtained or attempted to obtain payments; (ii) the number of cases in which it is determined that a provider has fraudulently obtained or attempted to obtain payments and the total amount of any payments obtained or sought to be obtained; (iii) the number of cases in which the Attorney General sought to recover payments fraudulently obtained by a provider and the total amount of payments determined to have been made in such cases; (iv) the number of cases in which recovery of payments fraudulently obtained by a provider was not sought and the total amount of payments determined to have been made in such cases; and (v) for each case in which recovery of payments fraudulently obtained by a provider is sought, the total amount of such payments and the amount of such payments actually recovered. Such report shall also be made available to the public on a website maintained by the Office of the Attorney General.
HB 234 - Orrock - Nursing homes, assisted living facilities, etc.; SHHR to study current oversight/regulation. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0559)04/11/22
notes: Directs the Secretary of Health and Human Resources to study the feasibility of consolidating oversight and regulation of nursing homes, assisted living facilities, and other congregate living settings under a single state agency to improve efficiency and effectiveness of regulation and oversight, provide better transparency for members of the public navigating the process of receiving services from such facilities, and better protect the health and safety of the public and to develop recommendations for consolidation of such oversight and regulation and to report his findings and recommendations to the Governor and the Chairmen of the Senate Committees on Education and Health and Finance and Appropriations and the House Committees on Appropriations and Health, Welfare and Institutions by October 1, 2022.
HB 235 - Orrock - Hospitals; protocols for patients receiving rehabilitation services. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0112)04/06/22
notes: Requires every hospital that provides rehabilitation services to make arrangements for all necessary follow-up care for a patient prior to discharging such patient, including scheduling initial appointments for any follow-up care and providing the patient with the names and contact information for each provider and information regarding each scheduled appointments
HB 241 - Adams, D.M. - Medical assistance; reimbursement for wheelchair bases, etc., for individuals in nursing facilities. (H) Committee on Appropriations

(S) Committee on Finance and Appropriations
(G) Acts of Assembly Chapter text (CHAP0476)04/11/22
notes: Requires the State Board of Medical Assistance Services to include in the state plan for medical assistance services a provision for the payment of medical assistance for durable medical equipment consisting of complex rehabilitative technology, including manual and power wheel chair bases and related accessories, for patients who reside in nursing facilities.
HB 330 - Watts - Nursing homes & certified nursing facilities; minimum staffing standards, administrative sanctions. (H) Committee on Health, Welfare and Institutions(H) Continued to 2023 in Health, Welfare and Institutions02/10/22
notes: Requires nursing homes to meet a baseline staffing level based on resident acuity in alignment with the Centers for Medicare and Medicaid Services staffing level recommendations. The bill requires nursing homes to collect and submit to the Department of Health certain data related to staffing. The bill gives the Commissioner of Health the power to impose administrative sanctions on nursing homes and directs the Board of Health to promulgate regulations related to the criteria and procedures for imposition of administrative sanctions or initiation of court proceedings for violations of the bill. The bill provides that nursing homes shall only be subject to administrative sanctions upon initial funding for the state share of the cost to implement the provisions of the bill. The bill establishes the Long-Term Care Services Fund for the purpose of making grants to assist in the provision of activities that protect or improve the quality of care or quality of life for residents, patients, and consumers of long-term care services.
HB 432 - Sewell - Veterans care center; DVS to establish in the eastern portion of the Northern Va. region, report. (H) Committee on Appropriations(H) Tabled in Appropriations (14-Y 4-N)02/11/22
notes: Directs the Department of Veterans Services to study and develop a plan for the establishment of a veterans care center in the eastern portion of the Northern Virginia region and to report to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health regarding such plan by November 1, 2022.
HB 646 - Carr - Nursing homes; standards of care and staff requirements, regulations. (H) Committee on Health, Welfare and Institutions(H) Continued to 2023 in Health, Welfare and Institutions02/10/22
notes: Requires the State Board of Health to establish staffing and care standards in nursing homes to require a minimum of direct care services to each resident per 24-hour period as follows: (i) a minimum of 2.8 direct care hours provided by a nurse aide per resident, per day; (ii) a minimum of 1.3 direct care hours provided by a registered nurse or licensed practical nurse per resident, per day; and (iii) a minimum of 0.75 hours out of total 4.1 required direct hours provided by a registered nurse per resident, per day. The bill requires nursing homes to provide quarterly staff training on first aid, medication administration, and compliance with nursing home policies and procedures. Additionally, the bill removes language requiring that each hospital, nursing home, and certified nursing facility establish protocols for patient visits from a rabbi, priest, minister, or clergy of any religious denomination or sect during a declared public health emergency related to a communicable disease of public health threat.
HB 651 - Kory - Individuals w/ intellectual disabilities; DMAS to report on use of community intermediate care. (H) Committee on Health, Welfare and Institutions(H) Continued to 2023 in Health, Welfare and Institutions02/10/22
notes: Directs the Department of Medical Assistance Services to report annually by December 1 of each year to the Governor and the Chairmen of the Senate Committees on Education and Health and Finance and Appropriations and the House Committees on Health, Welfare and Institutions and Appropriations regarding utilization of community intermediate care facilities for individuals with intellectual disabilities in the Commonwealth and to make such report available to the public on a website maintained by the Department.
HB 690 - Hope - Assisted living facilities; involuntary discharge of a resident. (H) Committee on Appropriations(H) Left in Appropriations02/15/22
notes: Provides that an assisted living facility shall not involuntary discharge a patient except (i) in cases in which the resident's condition presents an immediate and serious risk to the health, safety, or welfare of the resident or others and emergency discharge is necessary to protect the health, safety, or welfare of the resident or others; (ii) for nonpayment of contracted charges; or (iii) for failure of the resident to substantially comply with the terms and conditions of the lease agreement between the resident and the assisted living facility. The bill requires an assisted living facility to take steps to prevent the involuntary discharge, requires an assisted living facility to provide at least 30 days' notice of the involuntary discharge, and requires the assisted living facility to provide a discharge plan for the resident prior to involuntary discharge. The bill also requires the Department of Social Services to establish a process by which a resident or the resident's representative may appeal the decision of the assisted living facility to involuntarily discharge a resident to the Department and requires the Department to conduct a review to determine whether the assisted living facility has complied with the requirements of the bill.
HB 900 - Avoli - Public health emergency; hospital or nursing home, addition of beds. (H) Committee on Health, Welfare and Institutions

(S) Committee on Education and Health
(G) Acts of Assembly Chapter text (CHAP0772)04/27/22
notes: Creates an exemption from the requirement for a certificate of public need or a license for the temporary addition of beds located in a temporary structure or satellite location by a hospital or nursing home in cases in which the Board of Health or the Commissioner of Health (the Commissioner) has entered an emergency order for the purpose of suppressing a nuisance dangerous to public health or a communicable, contagious, or infectious disease or other danger to the public life and health and provides that such exemption shall apply for the duration of the emergency order plus 30 days. The bill also expands the duration of the existing exemption from the requirement for a certificate of public need or a license for the addition of temporary beds when the Commissioner has determined that a natural or man-made disaster has caused the evacuation of a hospital or nursing home and that a public health emergency exists due to a shortage of hospital or nursing home beds to the duration of such determination plus 30 days and makes clear that such exemption shall apply to the temporary addition of beds located in a temporary structure or satellite location by a hospital or nursing home.
HB 991 - Runion - Individuals with developmental disabilities; DMAS to amend waivers providing services, etc. (H) Committee on Appropriations(H) Left in Appropriations02/15/22
notes: Directs the Department of Medical Assistance Services to (i) take steps to amend the Family and Individual Supports, Community Living, and Building Independence waivers to combine the maximum annual allowable amount for assistive technology, electronic home-based support services, and environmental modifications for an individual receiving waiver services, for an annual total of $15,000, to provide for greater flexibility and better meet the needs of individuals receiving services and (ii) report on its progress to the Governor and the General Assembly by December 1, 2022.
HB 1013 - Tran - Long-term care insurance; rate increases, notice requirements. (H) Committee on Commerce and Energy(H) Left in Commerce and Energy02/15/22
notes: Requires an insurer of long-term care insurance policies to notify its customers and applicants in writing of the insurer's filing for a rate increase with the State Corporation Commission within 60 days of making such filing. Under the bill, if the Commission has approved a rate increase, an insurer of long-term care insurance policies must notify its customers and applicants in writing of the rate increase at least 90 days before the effective date of the rate increase. The bill includes several requirements for each of these notices, requires the Commission to consider the public interest in approving any such rate increase, and prohibits using a rate increase to pay for losses incurred by an insurance company or its shareholders or to pay shareholder dividends.
HB 1046 - Scott, P.A. - Over-the-counter medications, etc.; DMAS to study plan for a process to allow direct purchase. (H) Committee on Health, Welfare and Institutions

(S) Committee on Finance and Appropriations
(H) Continued to 2022 Sp. Sess. 1 pursuant to HJR45503/12/22
notes: Directs the Department of Medical Assistance Services to study options for and develop a plan to implement a process by which recipients of medical assistance services shall receive payments that may be used to purchase over-the-counter medications and medical supplies prescribed by an authorized prescriber directly in a retail setting and to report its findings and plan to the Governor and the Chairmen of the House Committees on Appropriations and Health, Welfare and Institutions and the Senate Committees on Finance and Appropriations and Education and Health by October 1, 2022.
SB 336 - Barker - Certificate of public need; nursing homes, charity care. (S) Committee on Education and Health(S) Stricken at request of patron in Education and Health (11-Y 0-N)02/10/22
notes: Exempts nursing homes from the requirement that applicants for a certificate of public agree to provide a specified level of charity care to indigent persons or accept patients requiring specialized care, facilitate the development and operation of primary and specialty medical care services in designated medically underserved areas of the applicant's service area, or both.
SB 626 - Ebbin - Non-skilled home care organizations; triennial audit requirement. (S) Committee on Education and Health(S) Incorporated by Education and Health (SB580-McDougle) (15-Y 0-N)01/27/22
notes: Directs the Department of Health to amend its regulations to exempt non-skilled home care organizations that do not participate in government-funded programs from the requirement of a triennial audit for licensing.