1998 Virginia House Legislation

Updates were available each Monday morning throughout the 1998 General Assembly Session which ended in mid-March. The final update was made soon after the May 23rd deadline for Governor Gilmore to either sign or veto legislation where the General Assembly rejected his amendments during the April "reconvene session."

HB 4 - Incorporated into HB 131 which passed House (100-Y 0-N) and Senate with an amendment in the nature of a substitute (39-Y 0-N); Senate substitute rejected by House (2-Y 90-N); House conferees appointed: Cranwell, Parrish, DeBoer, Rust; Senate conferees appointed: Colgan, Howell, Miller, K.G.; conference report agreed to by Senate (39-Y 0-N) and House (Y-97 N-0); Governor Gilmore's amendments accepted by the House (100-Y 0-N) and Senate (39-Y 0-N)
Patron: Vic Thomas
Alzheimer's Association position: SUPPORT
Summary:
Sales and use tax exemptions; area agencies on aging. Extends the sales and use tax exemption for tangible personal property purchased for use or consumption by area agencies on aging from June 30, 1998, to June 30, 2003. The bill also contains technical amendments.

HB 28 - Passed House with committee substitute (100-Y 0-N) and left in Senate Finance
Patron: Earl Dickinson
Alzheimer's Association position:
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Sales and use tax exemptions; extending all sunset dates. This bill extends all expiring sunset dates for medical-related organizations and nonprofit civic and community service organizations from July 1, 1998, to July 1, 2003, and for nonprofit cultural organizations and miscellaneous organizations from July 1, 1999, to July 1, 2004. The bill also contains some technical amendments.

HB 35 - Incorporated into HB 131 which passed House (100-Y 0-N) and Senate with an amendment in the nature of a substitute (39-Y 0-N); Senate substitute rejected by House (2-Y 90-N); House conferees appointed: Cranwell, Parrish, DeBoer, Rust; Senate conferees appointed: Colgan, Howell, Miller, K.G.; conference report agreed to by Senate (39-Y 0-N) and House (Y-97 N-0); Governor Gilmore's amendments accepted by the House (100-Y 0-N) and Senate (39-Y 0-N)
Patron: Whitt Clement
Alzheimer's Association position:
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Sales and use tax exemption; Goodwill Industries of Danville Area, Inc. Grants a sales and use tax exemption to a nonprofit tax-exempt organization in the Twelfth Planning District which provides educational training, employment, and opportunities for persons with disabilities. The bill also extends a number of existing exemptions to June 30, 2003.

HB 45 - Continued to 1999 in Health, Welfare and Institutions (21-Y 0-N)
Patron: Steven Landes
Alzheimer's Association position: OPPOSE
Summary:
Alzheimer's Disease and Related Disorders Commission. Repeals the Commission.

HB 82 - Continued to 1999 in Finance (24-Y 0-N)
Patron: Richard Cranwell
Alzheimer's Association position: SUPPORT
Summary:
Virginia taxable income of residents. Effective for taxable years beginning on and after January 1, 1998, a deduction in the amount of $6,000 is provided for taxpayers who are permanently and totally disabled as defined in �58.1-3217.

HB 203 - No action taken by Courts of Justice
Patron: Bob Marshall
Alzheimer's Association position:
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Forced or assisted suicide. Establishes a Class 6 felony punishment for assisting another person to commit or attempt to commit suicide by physical means or by publicly advertising suicide assistance. If fraud or duress is used to commit the violation, the act of assisting is punishable as a Class 5 felony. Commonwealth's attorneys and certain relatives of the person may sue to enjoin a suicide and may recover damages resulting from a suicide or attempt. Attorney's fees are recoverable in such actions.

HB 209 - Passed House (99-Y 0-N) and Senate (39-Y 0-N) and approved by Governor
Patron: Ken Melvin
Alzheimer's Association position: SUPPORT
Summary:
Guardians and conservators. Adds a new section to incorporate changes approved during the 1997 Session to require that the Commonwealth pay the fees and costs of the proceeding to appoint a guardian or conservator if the subject of the petition is determined to be indigent. The section to which the 1997 amendments were drawn was repealed, effective January 1, 1998, by other legislation.

HB 282 - Incorporated into HB 131 which passed House (100-Y 0-N) and Senate with an amendment in the nature of a substitute (39-Y 0-N); Senate substitute rejected by House (2-Y 90-N); House conferees appointed: Cranwell, Parrish, DeBoer, Rust; Senate conferees appointed: Colgan, Howell, Miller, K.G.; Conference report agreed to by Senate (39-Y 0-N) and House (Y-97 N-0); Governor Gilmore's amendments accepted by the House (100-Y 0-N) and Senate (39-Y 0-N)
Patron: Mitchell Van Yahres
Alzheimer's Association position: SUPPORT
Summary:
Sales and use tax exemption; Alzheimer's Association. Grants a sales and use tax exemption to a nonprofit tax-exempt organization which provides support and assistance to victims of Alzheimer's disease, their families, friends and communities; facilitates community education; and supports research into prevention.

HB 403 - No action taken by Finance
Patron: William C. Mims
Alzheimer's Association position:
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Property tax exemptions for elderly and disabled persons. Allows the governing bodies of Fairfax County and adjacent localities; Manassas, Manassas Park, Chesapeake, Portsmouth, Suffolk, Virginia Beach, and Leesburg; and Chesterfield, Fauquier, Henrico and Stafford Counties to raise the maximum income and net financial worth limitations for eligibility under local real property tax exemption or deferral programs and personal property tax rate reduction programs. The income limits are increased from $40,000 to $60,000 and the net financial worth limits are increased from $150,000 to $200,000.

HB 407 - Incorporated into HB 131 which passed House (100-Y 0-N) and Senate with an amendment in the nature of a substitute (39-Y 0-N); Senate substitute rejected by House (2-Y 90-N); House conferees appointed: Cranwell, Parrish, DeBoer, Rust; Senate conferees appointed: Colgan, Howell, Miller, K.G.; conference report agreed to by Senate (39-Y 0-N) and House (Y-97 N-0); Governor Gilmore's amendments accepted by the House (100-Y 0-N) and Senate (39-Y 0-N)
Patron: Preston Byant, Jr.
Alzheimer's Association position: SUPPORT
Summary:
Sales and use tax exemption; certain medical supplies. Eliminates the sunset date, thereby making the exemption permanent, for certain medical supplies purchased by a Medicaid recipient through a Department of Medical Assistance Services provider agreement. Also, the some technical changes due to the recodification of Title 15.2 are included.

HB 408 - Passed House (99-Y 0-N) and left in Senate Finance
Patron: Preston Bryant, Jr.
Alzheimer's Association position: SUPPORT
Summary:
Sales and use tax exemption; certain medical supplies. Extends the sunset date from June 30, 1998, to June 30, 1999, for certain medical supplies purchased by a Medicaid recipient through a Department of Medical Assistance Services provider agreement. Also makes technical changes regarding Title 15.2.

HB 428 - Passed House with amendment in the nature of a substitute (97-Y 2-N) and Senate with amendment in the nature of a substitute (39-Y 0-N); Senate substitute agreed to by House (100-Y 0-N) and approved by Governor
Patron: Frank Hall
Alzheimer's Association position:
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Community services boards and behavioral health authorities; comprehensive state plan. Clarifies and redefines the role of community services boards (CSBs) and behavioral health authorities who are the local agencies responsible for the delivery of publicly funded mental health, mental retardation and substance abuse services. The bill clarifies that CSBs and behavioral health authorities are the single point of entry for individuals seeking such services and have the responsibility for arranging admission to and discharge from state facilities. Because local government relationships with and control over CSBs have evolved differently across the state, the bill now reflects the practice and distinguishes the two different types of community services boards as (i) "operating community services boards" that provide actual services or (ii) "policy-making community services boards" that set policy for a local government department to provide such services. Behavioral health authorities (BHAs) will henceforth have the same duties and responsibilities as an "operating community services board." Appointments to CSBs and behavioral health authorities must consist of one-third identified consumers or family members of consumers and at least one member at all times shall be a consumer. One or more members of the CSB may be non-governmental service providers and no more than two elected or appointed local government officials may be members. CSBs and behavioral health authorities will be responsible for the effective and efficient use of all state-controlled funds through a performance contract. The performance contract shall (i) delineate the respective responsibilities of the Department and the CSB, (ii) specify conditions that must be met for the receipt of state-controlled funds, (iii) identify the groups of consumers to be served with state-controlled funds, (iv) beginning on July 1, 1999, contain specific consumer outcome and provider performance measures, consumer satisfaction and consumer and family member participation and involvement indicators, and state facility bed utilization targets, (v) establish a procedure for informing the CSB or BHA of alleged defaults and the consequences of default, and (vi) include reporting requirements. The Department is given explicit authority to contract with other public agencies and with private nonprofit or for-profit organizations for local services when the CSB or BHA, after remediation efforts have proven unsuccessful, remains in substantial noncompliance with the performance contract. The Department shall develop and update bienially a six-year Comprehensive State Plan for mental health, mental retardation and substance abuse services. This bill is a recommendation of the HJR 240 Joint Subcommittee to Evaluate the Future Delivery of Publicly Funded Mental Health, Mental Retardation and Substance Abuse Services.

HB 441 - No action taken in Health, Welfare and Institutions
Patron: Bobby Orrock
Alzheimer's Association position:
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Emergency Medical Services Do Not Resuscitate Orders (EMS-DNR Orders). Clarifies that the EMS-DNR Orders do not require any emergency services personnel to attempt to resuscitate an individual after the death of such individual has been pronounced or determined in accordance with � 54.1-2972.

HB 532 - Passed House with Courts of Justice Committee amendment (98-Y 0-N) and Senate (39-Y 0-N) and approved by Governor
Patron: Whitt Clement
Alzheimer's Association position: SUPPORT
Summary:
Powers of attorney. Provides that an affidavit executed by the person holding the power of attorney that the power of attorney has not been revoked or terminated is conclusive proof of nonrevocation or nontermination in an action by or against a third party, unless the third party had actual knowledge to the contrary. Under current law a third party may not rely on such an affidavit if fraud is involved.

HB 572 - Continued to 1999 in Courts of Justice (17-Y 7-N)
Patron: Donald McEachin
Alzheimer's Association position:
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HMO liability; health care treatment decisions. Establishes a cause of action for persons who suffer damages as a result of a health maintenance organization's failure to exercise ordinary care in making a health care treatment decision affecting such person. Persons may file claims directly with the court and are not required to follow the procedures governing the medical malpractice review panel or the utilization review process. In addition, the medical malpractice liability cap does not apply to such actions.

HB 616 - Continued to 1999 in Corporations, Insurance & Banking (25-Y 0-N)
Patron: Harry Parrish
Alzheimer's Association position:
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Trade and Commerce; unsolicited telephonic sales calls. Creates the "Telephone Privacy Act," which (i) requires telephone solicitors to properly identify themselves, (ii) requires the Consumer Affairs Division of the Department of Agriculture and Consumer Services to establish a registry of individuals who do not wish to receive unsolicited telephone calls, (iii) prohibits telephone solicitors from making telephonic sales calls to persons listed on the registry, (iv) requires telephone companies to notify customers about the registry and their rights under this chapter, and (v) authorizes the Board of Agriculture and Consumer Services to prescribe regulations to implement the provisions of the legislation. This bill provides that violations are subject to the enforcement provisions of the Virginia Consumer Protection Act.

HB 631 - Passed House with Health, Welfare and Institutions Committee amendment in the nature of a substitute (97-Y 1-N) and Senate with Education and Health Committee amendment in the nature of a substitute (40-Y 0-N); Senate substitute agreed to by House (100-Y 0-N) and approved by Governor
Patron: Panny Rhodes
Alzheimer's Association position: SUPPORT
Summary:
Emergency Medical Services Do Not Resuscitate Orders. Authorizes the issuance of a Do Not Resuscitate Order by an attending physician for patients who, because of bona fide religious convictions, do not wish to receive medical interventions for cardiac or respiratory arrest.

HB 637 - Incorporated in HB 1101 which passed House (97-Y 2-N) and Senate with amendments (39-Y 0-N); Senate amendments rejected by House (0-Y 100-N); House conferees appointed: Jones, S.C., DeBoer, Rust; Senate conferees appointed: Woods, Edwards, Couric; conference report agreed to by Senate (40-Y 0-N) and House (Y-94 N-0); Governor Gilmore's amendment rejected by House (39-Y 59-N); vetoed by Governor Gilmore
Patron: Harvey Morgan
Alzheimer's Association position: SUPPORT
Summary:
Pharmacy benefits managers; registration. Defines "pharmacy benefits manager" and requires such persons, whether located in Virginia or in another state, territory or possession, to register such information as the Board of Pharmacy prescribes by regulation. This provision defines pharmacy benefits manager as a person other than one regulated by the Board of Pharmacy who has access to and reviews patient prescription dispensing records for prescriptions issued and dispensed in Virginia for the purpose of administering any pharmacy program, including such responsibilities as utilization review of prescriptive practices, dispensing of controlled substances, determining prescription coverage under any health benefits program, and making decisions on the drugs that will be or are included in any formulary for any health benefits program. The Board must promulgate regulations to identify and monitor the implementation of pharmacy benefits management in Virginia and to ensure the confidentiality of patient records. Pharmacy benefits managers will only be authorized to disclose prescription dispensing information and patient record information in accordance with the Board's regulations. This provision specifically states that pharmacy benefits managers are not health care providers because, under Virginia law, health care providers own the patient records. Any pharmacy benefits manager practicing a profession or business which is regulated by any health regulatory board must continue to hold a valid license, permit, certificate or registration. The registration fee will be the same as that charged for pharmacy permitting in Virginia and the registration must be renewed annually.

HB 654 - Passed House (99-Y 0-N) and Senate (40-Y 0-N) and approved by Governor
Patron: Bob Bloxom
Alzheimer's Association position: SUPPORT
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Warning lights on certain buses. Allows buses operated as public carriers to use white "strobe" warning lights similar to those used as warning lights on school buses.

HB 675 - Passed House (97-Y 0-N) and Senate (40-Y 0-N) and approved by Governor
Patron: Frank Hargrove
Alzheimer's Association position: SUPPORT
Summary:
Insurance; misrepresentation in insurance documents and communications. Expands insurance consumer protection laws governing misrepresentations in insurance documents and communications. Under current law, only misrepresentations in insurance applications are explicitly proscribed. The bill (i) extends prohibitions against misrepresentations contained in current law to all insurance documents and all forms of insurance-related communications, (ii) prohibits agents and others from forging signatures of proposed insureds, insurance applicants, policyowners, claimants and others, and (iii) prohibits agents and others from obtaining signatures under false pretenses, and using such changes to accomplish insurance-related changes not actually authorized by the individuals whose signatures are thus obtained.

HB 699 - Continued to 1999 in Corporations, Insurance & Banking (25-Y 0-N)
Patron: Vincent Callahan
Alzheimer's Association position:
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Accident and sickness insurance; coverage for hospice care. Requires health insurers, health maintenance organizations and corporations providing accident and sickness subscription contracts to provide coverage for hospice care. "Hospice care" means palliative medical care and related services as covered under Medicare, provided by a licensed hospice in accordance with a plan of care established and maintained by the treating hospice. "Terminal illness" means individuals whose condition has been diagnosed as terminal by a licensed physician, whose medical prognosis is death within six months, and who elect to receive palliative rather than curative care. Reimbursement rates for hospice care must be no less than rates for the same services provided under Medicare and documentation requirements must not greater than those required for the same services under Medicare. This bill does not prevent insurers, corporations, or health maintenance organizations from offering or providing coverage for hospice services, even if it cannot be demonstrated that the illness is terminal or that the individual's life expectancy is longer than six months. The provisions of this bill do not apply to short-term travel, accident only, limited or specified disease policies, or to short-term nonrenewable policies of not more than six months duration.

HB 751 - Passed by House (97-Y 0-N) and defeated in Senate Finance
Patron: Frank Hall
Alzheimer's Association position: SUPPORT (see Platform)
Summary:
Income tax; tax credit for caregivers. Provides a $500 tax credit to taxpayers with adjusted gross incomes between $5,000 and $50,000 who provide unreimbursed care to a physically or mentally impaired relative who required assistance with two or more activities of daily living during more than half the year. The credit will be available for taxable years beginning on and after January 1, 1999.

HB 778 - Passed House (97-Y 0-N) and continued to 1999 by Senate Education and Health (15-Y 0-N)
Patron: Creigh Deeds
Alzheimer's Association position: SUPPORT
Summary:
health; nursing homes. Adds to the regulations to be promulgated by the Board of Health the provision that all nursing homes must either provide access and opportunity for a mental health worker to evaluate a patient, or, if the patient exhibits behavior which may be detrimental to other patients, guarantee that the patient's bed be held for a maximum of 10 days while the patient is being evaluated at another location. The bill also contains a technical amendment.

HB 780 - Passed House (94-Y 0-N) and Senate (39-Y 0-N); Governor Gilmore's amendments accepted by the House (100-Y 0-N) and Senate (39-Y 0-N)
Patron: Jay DeBoer
Alzheimer's Association position: SUPPORT
Summary:
Adult care residences. Authorizes the Commissioner of the Department of Social Services to issue special orders to adult care residences that fail to comply with provisions of law or regulation, thereby causing an adverse impact on or imminent threat to the health, safety or welfare of the persons cared for therein. The special orders will be issued after a hearing and will be considered a case decision. The special order may include civil penalties of not more than $500 for each inspection resulting in a finding of violation, a freeze on admission of new residents and/or a reduction in licensed capacity. This bill was recommended by the Joint Commission on Health Care.

HB 781 - Passed House with amendment (97-Y 0-N) and Senate (40-Y 0-N) and approved by Governor
Patron: Jay DeBoer
Alzheimer's Association position: SUPPORT
Summary:
health insurance; conformity with the Health Insurance Portability Act; technical amendments. Provides technical amendments and clarifications to provisions of Virginia law enacted by the 1997 General Assembly implementing the federal Health Insurance Portability Act.

HB 782 - Passed House with amendment (97-Y 0-N) and Senate (40-Y 0-N) and approved by Governor
Patron: Jay DeBoer
Alzheimer's Association position: SUPPORT
Summary:
Individual health insurance; guaranteed availability; preexisting conditions. Requires that those persons qualified as "eligible individuals" between April 29, 1997, and January 1, 1998, and who are currently neither eligible for nor enrolled in (i) a group health plan which would provide coverage for preexisting conditions or (ii) Part A or Part B of Title XVIII of the Social Security Act be afforded the guaranteed availability and preexisting conditions provisions of Virginia law that became effective January 1, 1998, even if such individuals have already obtained individual health insurance coverage. These guaranteed availability and preexisting conditions provisions ordinarily apply only to individuals moving from insurance coverage under a group or similar health plan. The bill also has a sunset clause; its provisions expire on January 1, 1999.

HB 843 - Passed House with Health, Welfare and Institutions Committee amendment (96-Y 0-N) and Senate with amendment in the nature of a substitute (39-Y 0-N); Senate substitute agreed to by House (96-Y 2-N); Governor Gilmore's amendments accepted by the House (100-Y 0-N) and Senate (39-Y 0-N)
Patron: Robert D. Orrock, Sr.
Alzheimer's Association position: SUPPORT
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Do Not Resuscitate Orders. Revises the present Emergency Medical Services Do Not Resuscitate Order section to become a general Do Not Resuscitate Order (DNR) provision. The DNR Order must be issued by an attending physician in writing for a patient who is terminal or for whom he has otherwise written such DNR Order and must be consented to by the patient or a person who is authorized to consent for the patient. The Board of Health will continue to designate which emergency medical services personnel may follow these orders in the prehospital setting. Emergency medical services personnel are not authorized to withhold comfort care. The DNR Order will follow the patient, i.e., the DNR Order may be followed in the prehospital setting, hospital, nursing home, or other licensed institution. A new order may be issued, with the consent of the patient or his authorized decision maker, upon the revocation of a DNR. Definitions and exception statutes are amended to be consistent.

HB861 - Passed House (99-Y 0-N) with Health, Welfare and Institutions Committee amendment in the nature of a substitute and Senate (40-Y 0-N) with Education and Health Committee amendment in the nature of a substitute; Senate substitute agreed to by House (98-Y 1-N) and approved by Governor
Patron: Vivian Watts
Alzheimer's Association position: SUPPORT
Summary:
End-of-life decisions. Revises various statutes relating to who may be authorized to make decisions for a decedent or a person who is incapable of making an informed decision. This bill (i) authorizes any person who is designated in a signed, notarized writing to make decisions concerning disposition of the decedent's body or any agent named in an advance directive to identify a body for cremation; (ii) authorizes a person designated to make decisions concerning the disposition of a person's body to direct that the body be cremated (after obtaining permission of the medical examiner or waiting 24 hours); and (iii) revises the order of priority for individuals authorized to make treatment decisions for persons who are incapable of making an informed decision and who have not made an advance directive by placing the person designated to make arrangements for the disposition of the body as the primary in the order of priority. There are technical amendments.

HB 874 - Continued to 1999 in Courts of Justice (18-Y 6-N)
Patron: Watkins M. Abbitt, Jr.
Alzheimer's Association position:
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HMO liability; health care treatment decisions. Establishes a cause of action for persons who suffer damages as a result of a health maintenance organization's failure to exercise ordinary care in making a health care treatment decision affecting such person. Persons may file claims directly with the court and are not required to follow the procedures governing the medical malpractice review panel or the utilization review process. In addition, the medical malpractice liability cap does not apply to such actions.

HB 941 - Passed House (97-Y 1-N) with Science and Technology Committee amendment in the nature of a substitute and patron amendments and Senate with amendment (40-Y 0-N); Senate amendment agreed to by House (94-Y 4-N) and approved by Governor
Patron: Ken Plum
Alzheimer's Association position: SUPPORT
Summary:
Trade and commerce; Virginia Assistive Technology Device Warranties Act. Creates a "lemon law" for assistive technology devices. Assistive technology devices are mechanical devices and instruments used by disabled individuals to communicate, see, hear or maneuver, e.g., manual wheelchairs, motorized scooters, hearing aids and communications devices for the deaf, talking software, and Braille printers. The bill's key provisions stipulate that in addition to any express manufacturers' warranties otherwise provided, manufacturers of assistive technology devices impliedly warrant, for a period of at least one year following delivery to consumers, that their products are free of defects substantially impairing their value. During this one-year warranty period, consumers may obtain repairs of their assistive technology devices from manufacturers at no charge. If, within the 12-month period following delivery, the devices are (i) subject to repair for the same or related problem three times or (ii) not practically usable for a cumulative total of 30 days with no comparable loaner available, the devices must be replaced within 30 days, or the purchaser refunded his full purchase price (plus collateral costs) within 14 days. The bill prohibits the sale or lease of any device previously returned unless the reason for its return is disclosed to its prospective customer or lessee. A consumer's remedies are not limited to the Act's provisions; he may seek civil relief as well. Consumers are also furnished the option of submitting disputes arising under this act to the Dispute Resolution Unit of the Office of Consumer Affairs. A nearly identical version of this bill was approved by the 1997 Session of the General Assembly, with the proviso that its provisions would not become effective unless reenacted by the 1998 Session of the General Assembly.

HB 1068 - Continued to 1999 in Health, Welfare and Institutions (17-Y 0-N)
Patron: Jackie Stump
Alzheimer's Association position: SUPPORT
Summary:
Certificate of need. Adds home care organizations to the list of medical care facilities and projects for which a certificate of need is required.

HB 1075 - Passed House with Corporations, Insurance & Banking Committee amendments (78-Y 22-N) and Senate with amendments (28-Y 12-N); Senate amendments agreed to by House (84-Y 14-N); Governor Gilmore's amendment rejected by House (37-Y 61-N); approved by Governor
Patron: Ken Melvin
Alzheimer's Association position: SUPPORT
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health maintenance organizations; point-of-service plans. Requires health maintenance organizations (HMOs) to include a point of service (POS) benefit to be offered in conjunction with the HMO's health care plan as an additional benefit for the enrollee, at the enrollee's option, individually to accept or reject. HMOs may contract with another health insurance carrier to provide the POS benefit required by the legislation. Premiums charged to enrollees who choose the POS benefit may be different from those charged to enrollees who do not choose the POS benefit. The premiums charged for the POS benefit must be actuarially sound and supported by a sworn certification of an officer of each carrier offering the POS benefit. Unless otherwise directed or authorized by the group contract holder: (i) any enrollee who selects the POS benefit is responsible for the additional premium cost, and (ii) no portion of the additional cost for the POS benefit may be reflected in the premium charged by the carrier to the group contract holder for a health benefit plan without the POS benefit. Generally, different co-insurance, co-payments, deductibles and other cost-sharing arrangements for the POS benefit can be imposed so long as these requirements are consistent with similar provisions in other POS benefit plans actively marketed by the carrier. The co-insurance required of the POS enrollees cannot exceed the greater of 30 percent of the carrier's allowable charge or the co-insurance amount that would have been required had the covered items or services been received through the provider panel. Reimbursement to providers for services received through the POS benefit must be at least as favorable as: (i) reimbursement made to similar providers in another POS benefit plan which is regulated under Title 38.2 and is offered and actively marketed in the Commonwealth, or (ii) reimbursement made to similar providers on the HMO's provider panel. Additionally, the scope of POS benefits must be as great as the corresponding benefits provided through the health care plan for a particular group, and marketing materials must reflect that scope. HMOs are not required to offer the POS benefit if the HMO determines in good faith that the group contract holder will be concurrently offering another POS benefit plan to its enrollees. The POS requirement applies only to group health benefit plans issued in the commercial group market, and does not apply to: (i) the individual market, (ii) Medicare, (iii) Medicaid, (iv) federal employees, (v) CHAMPUS, (vi) state employee health benefits program, (vii) self-insured groups, and (viii) other limited types of policies. The State Corporation Commission is authorized to issue regulations consistent with the provisions of the legislation.

HB 1337 - Continued to 1999 in Corporations, Insurance & Banking (26-Y 0-N)
Patron: Alan Diamonstein
Alzheimer's Association position: SUPPORT
Summary:
Long-term care insurance. Requires long-term care policies delivered or issued for delivery in Virginia to provide benefits for home health care.

HB 1360 - Passed House (99-Y 0-N) and Senate (40-Y 0-N) and approved by Governor
Patron: Jim Scott
Alzheimer's Association position: SUPPORT (see Platform)
Summary:
Law-enforcement personnel training; Alzheimer's disease. Requires the Board and Department of Criminal Justice Services to establish training standards and publish a model policy for law-enforcement personnel in communicating with and facilitating the safe return of individuals diagnosed with Alzheimer's disease. Many individuals diagnosed with Alzheimer's disease lose their way, may have limited capacity to communicate, and may wander without a destination. Law-enforcement personnel are frequently called upon to assist in looking for or in returning these individuals.

HB 1378 - Passed House (77-Y 20-N) and Senate (34-Y 6-N) with amendment in the nature of a substitute and floor amendment; Senate substitute with amendment agreed to by House (89-Y 6-N) and approved by Governor
Patron: Bob McDonnell
Alzheimer's Association position:
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Assisted suicide. Creates a new offense of intentionally and knowingly assisting another to commit or attempt to commit suicide by providing the physical means or otherwise participating in a facilitating physical act. The offense is punishable by a civil penalty of up to $10,000 for a first offense or $100,000 for a second offense. Additionally, a health care provider who violates the section will have his professional license permanently revoked. The bill allows for an injunction to prevent a violation of the offense or attempted violation and grants to the spouse, parent, child or sibling of the person attempting suicide a cause of action for damages (compensatory and exemplary).

HB 1384 - Continued to 1999 in Health, Welfare and Institutions (21-Y 0-N)
Patron: Bob Brink
Alzheimer's Association position: SUPPORT
Summary:
health care; consumer bill of rights. Establishes a Consumer Bill of Rights and Responsibilities for Health Care.

HJ 87 - Passed House with amendments (88-Y 7-N) and Senate (by voice vote); enacted
Patron: Marian Van Landingham
Alzheimer's Association position: SUPPORT
Summary:
Virginians who cannot drive. Requests all state agencies to promote coordination of services to Virginians who cannot drive.

HJ 137 - Passed House (100-Y 0-N) and Senate (voice vote) with Rules Committee amendments; Senate amendments agreed to by House (100-Y 0-N); enacted
Patron: Vince Callahan
Alzheimer's Association position:
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Study; JLARC study of health and human resources. Directs the Joint Legislative Audit and Review Commission to study the functional areas of Health and Human Resources, and to review the operations and management of the agencies within the Secretariat of Health and Human Resources.

HJ 156 - Passed House with amendment (100-Y 0-N) and Senate (by voice vote); enacted
Patron: Frank Hall
Alzheimer's Association position: SUPPORT
Summary:
Study; long-term care. Continues the Long-Term Care Subcommittee of the Joint Commission on Health Care in order to evaluate long-term care financing, licensure, and other issues.

HJ 209 - Passed House (100-Y 0-N) and Senate (voice vote); enacted
Patron: Thomas Baker, Jr.
Alzheimer's Association position: SUPPORT
Summary:
Study; Department for the Aging. Requests the Joint Legislative and Audit Review Commission to study the mission and effectiveness of the organization, operation, and performance of the Virginia Department for the Aging.

HJ 216 - Passed by indefinitely in Rules (15-Y 0-N) in lieu of a letter from the Speaker to the House Courts Committee to conduct the study
Patron: William Howell
Alzheimer's Association position:
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Study; Managed care organization liability for health care decisions. This resolution would have established a joint subcommittee to study managed care organizations' liability for health care decisions in the Commonwealth. The joint subcommittee was charged to (i) identify current laws allowing patients to fairly recover damages from such organizations; (ii) determine how best the Department of Health and other state agencies may proceed to educate Virginia's citizens concerning their rights furnished by such laws; (iii) assess managed care organizations' liability for controlling the quality of care and the sufficiency of Virginia's laws enabling or hindering the ability of patients to recover damages from managed care organization when harm has been caused by a managed care organization's negligent decision to delay or deny needed medical care; and (iv) develop a statutory basis for patients to assert claims against such organizations, as well as their employees, agents, or representatives, who fail to exercise ordinary care when making health care treatment decisions.

HJ 224 - Passed House (99-Y 0-N) and Senate (by voice vote); enacted
Patron: Frank Hall
Alzheimer's Association position: SUPPORT
Summary:
Department of Health. Requests the Department of Health to report to the Joint Commission on Health Care on its implementation of recommendations made by the Department of Medical Assistance Services and the University of Virginia in a 1997 study of the nursing home certification survey process and other issues related to the Department of Health's role in federal certification of nursing homes for participation in Medicaid and Medicare.

HJ 238 - Continued to 1999 in Rules (15-Y 0-N)
Patron: Eric Cantor
Alzheimer's Association position:
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Study; JLARC. Requests the Joint Legislative Audit and Review Commission to revisit its study of adult care residences and evaluate the implementation of its recommendations.