2001 Virginia House Legislation

Updates are available weekly throughout the 2001 General Assembly Session.

Pending Legislation

HB 1581 Adult protective services; report of exploitation by financial institution
HB 1600 Budget Bill
HB 1694 Health professions; medical assistants
HB 1717 Adult protective services; training of workers
HB 1722 Health professions; continuing education for physical therapists
HB 1762 Conditional release of geriatric prisoners
HB 1778 Health professions; certified nurse aides
HB 1826 Pharmacy
HB 1852 Certified nursing facility education initiative
HB 1904 Mental health; Alzheimer's Commission
HB 2245 Practice of nursing
HB 2388 Nursing homes; barrier crimes
HB 2430 Board of Nursing Home Administrators
HB 2533 Social services; adult protective services
HJ 521 Appointment; Commonwealth Health Research Board
HJ 533 General Assembly; redistricting

Enacted Legislation

HB 1648 Insurance agents; continuing education requirements
HB 2228 Long-term care insurance; rating practices disclosure
HB 2490 Assisted living facilities
HJ 504 General Assembly; session introduction limits & prefiling schedule
HJ 505 General Assembly; request and introduction deadlines
HJ 506 General Assembly; exceptions to introduction deadlines
HJ 507 Conduct of business before 2001 Regular Session

Terminated Legislation

HB 1665 Prescription Drug Payment Assistance Program
HB 1785 Prescription Drug Payment Assistance Pilot Program
HB 1796 Sales and use tax exemption; hospices
HB 1799 Social services; auxiliary grants
HB 1803 Virginia Pharmaceutical Assistance Program
HB 1819 Medical assistance services; personal care allowance
HB 1822 Hospice facilities
HB 1920 Long-term care facilities; vol. closure or nonrenewal of license
HB 2004 Sales and use tax exemption; hospices
HB 2016 Health; scholarships and loans for health professionals
HB 2179 Prescription Drug Payment Assistance Program
HB 2238 Health professions; temporary licenses for nurses
HB 2257 Health; nursing home standards
HB 2276 Medical assistance services
HB 2319 Health; pharmacy scholarships and loans
HB 2432 Tobacco Settlement Fund; use for health care
HB 2633 Prescription Drug Payment Assistance Program
HJ 536 Study; nursing homes

Pending Legislation

HB 1581 - passed House (98-Y 0-N) with Committee substitute; passed Senate (40-Y 0-N)
Patron: Phillip A. Hamilton
Alzheimer's Association position: SUPPORT
Summary:
Adult protective services; reports of exploitation by financial institution employees. Permits employees of banks, savings institutions, securities firms, insurance companies, and credit unions to report the suspected exploitation of incapacitated persons. Exploitation is defined as the illegal use of an incapacitated adult or his resources for another's profit or advantage. The reports may be filed with the local department of social services for the city or county where the adult resides or the exploitation is believed to have occurred.

HB 1600 - Referred to Committee on Appropriations
Patron: Vincent F. Callahan, Jr.
Alzheimer's Association position:
Summary:
Budget Bill. Appropriation of the public revenue for the two years ending respectively, on the thirtieth day of June, 2001, and the thirtieth day of June, 2002.

HB 1694 - passed House (96-Y 0-N); passed Senate (40-Y 0-N)
Patron: Watkins M. Abbitt, Jr.
Alzheimer's Association position:
Summary:
Health professions; medical assistants. Removes requirement that medical personnel who are supervised by a professional licensed by the Board of Medicine do not have to be in his actual employ in order to provide nondiscretionary functions as authorized by him.

HB 1717 - passed house (98-Y 0-Y); passed Senate (40-Y 0-N) with Committee substitute; Senate substitute agreed to by House (98-Y 0-N)
Patron: Phillip A. Hamilton
Alzheimer's Association position: SUPPORT
Summary:
Adult protective services; training. Requires the State Board of Social Services to adopt regulations to implement a uniform training program for adult protective services workers. The program shall establish minimum standards for qualifications and training for all adult protective services workers. The regulations shall require all adult protective services workers to complete skills and policy training specific to adult abuse, neglect and exploitation investigation within the first year of their employment.

HB 1722 - passed House with Committee amendment; passed Senate (40-Y 0-N)
Patron: Harry R. (Bob) Purkey
Alzheimer's Association position: SUPPORT
Summary:
Health professions; continuing education for physical therapists. Requires all licensed physical therapists to complete biennial continuing education courses as approved by the Board as a prerequisite to license renewal or reinstatement. This continuing education requirement is similar to the continuing competency requirements established for other health professionals.

HB 1762 - passed House (99-Y 0-N); pssed Senate (40-Y 0-N) with Committee substitute; Senate substitute rejected by House (1-Y 96-Y); Senate receded from substitute (40-Y 0-N)
Patron: C. Richard Cranwell
Alzheimer's Association position:
Summary:
Conditional release of geriatric prisoners. Applies geriatric release provision to persons serving felony sentences for crimes committed before January 1, 1995. Currently it only applies to those committed on or after that date.

HB 1778 - passed House (98-Y 0-N); passed Senate (40-Y 0-N) with Committee substitute; Senate substitute agreed to by House (99-Y 0-N)
Patron: Phillip A. Hamilton
Alzheimer's Association position: SUPPORT
Summary:
Health professions; certified nurse aides. Requires the Board of Nursing to develop a variety of career advancement certifications for certified nurse aides that will indicate enhanced competence in specific tasks or areas of practice. The Board must develop the required educational and training standards for each certificate. Each certificate must be renewed biennially.

HB 1826 - passed House (98-Y 0-N) with Committee amendments; passed Senate (40-Y 0-N) with Committee amendment; Senate amendment agreed to by House (98-Y 2-N)
Patron: Harvey B. Morgan
Alzheimer's Association position:
Summary:
Pharmacy. Sets forth the definitions, restrictions, and requirements for registration of pharmacy technicians. This bill distinguishes between pharmacy interns and pharmacy technicians and clarifies the duties that may be performed only by a pharmacist or a pharmacy intern while engaged in obtaining the practical experience required for licensure as a pharmacist. "Supervision" is defined as the direction and control by a pharmacist who is physically present in the pharmacy or in the facility in which the pharmacy is located and available for immediate oral communication regarding the activities of a pharmacy intern or a pharmacy technician. A second enactment provides a modified grandfather clause by not requiring registration of pharmacy technicians until six months after the effective date of the Board of Pharmacy's final regulations. The Board must adopt final regulations for the registration of pharmacy technicians by July 1, 2003.

HB 1852 - passed House (96-Y 0-N); passed Senate (40-Y 0-N)
Patron: Michele B. McQuigg
Alzheimer's Association position:
Summary:
Certified nursing facility education initiative. Makes a technical amendment to the certified nursing facility education initiative passed by the 2000 General Assembly. The bill places a sunset of July 1, 2003, on the initiative, which was clearly the intention of last year's legislation, House Bill 714 (2000).

HB 1904 - passed House (96-Y 0-N) with Committee amendments; passed Senate with substitute (40-Y 0-N); Senate substitute rejected by House (4-Y 96-N); Conference report agreed to by House (97-Y 0-N); Conference report agreed to by Senate (40-Y 0-N)
Patron: Kenneth R. Plum
Alzheimer's Association position: SUPPORT
Summary:
Mental health; Alzheimer's Commission. Changes the duties of the Alzheimer's Disease and Related Disorders Commission to better reflect its advisory capacity to the Secretary of Health and Human Resources. This bill authorizes the Commission to recommend funding initiatives, statutory and regulatory changes, and voluntary best care practices to serve people with Alzheimer's disease and related disorders and their caregivers. Currently, the Commission is charged with developing a plan for funding local initiatives. An annual report is still required by September 1 of each year.

HB 2245 - passed House (98-Y 0-N) with Committee substitute; passed Senate (37-Y 3-N) with floor amendment; Senate amendment agreed to by House (100-Y 0-N)
Patron: Barnie K. Day
Alzheimer's Association position:
Summary:
Practice of nursing. Exempts, for no more than ninety days from the date of approval of an application submitted to the Board, any nurse who is a graduate of a foreign nursing school and has met the credential, language, and academic testing requirements of the Commission on Graduates of Foreign Nursing Schools when such nurse is working as a nonsupervisory staff nurse in a licensed nursing home or certified nursing facility. During such ninety-day period, such nurse must take and pass the licensing examination to remain eligible to practice nursing in Virginia; no exemption granted under this subdivision can be extended. A second enactment requires the Board of Nursing to promulgate emergency regulations.

HB 2388 - passed House (96-Y 0-N 2-A) with Committee amendments; passed Senate (40-Y 0-N)
Patron: Whittington W. Clement
Alzheimer's Association position:
Summary:
Nursing homes; barrier crimes. Expands the list of crimes that bar a person from employment in a licensed nursing home.

HB 2430 - passed House (98-Y 0-N); assed Senate (40-Y 0-N) with Committee amendments; Senate amendments agreed to by House (97-Y 2-N)
Patron: Robert D. (Bobby) Orrock, Sr.
Alzheimer's Association position: SUPPORT
Summary:
Board of Nursing Home Administrators. Revises the membership of the Board to include one resident of a nursing home or a family member of a resident of a nursing home by reducing the number of members who are from professions and institutions concerned with the care and treatment of chronically ill and elderly patients. Appointments to the Board are made by the Governor for four-year terms.

HB 2533 - passed House (99-Y 0-N) with Committee substitute; passed Senate (40-Y 0-N)
Patron: Clarence E. (Bud) Phillips
Alzheimer's Association position: SUPPORT
Summary:
Social services; adult protective services. Requires directors of local departments of social services to refer cases of alleged adult abuse, neglect and exploitation to the appropriate regulatory authority or agency for administrative or criminal investigation if the case involves a regulated facility and the person alleged to be in need of services leaves the facility or his safety is otherwise assured. The director, not later than 45 days after referral, shall follow-up with the investigating agency.

HJ 521 - passed House (99-Y 0-N); passed Senate (39-Y 0-N)
Patron: Jeannemarie Devolites
Alzheimer's Association position:
Summary:
Appointment; Commonwealth Health Research Board. Confirms the appointment to the Board by the Joint Rules Committee of the Honorable Jane H. Woods for a five-year term beginning April 1, 2000, to succeed the Honorable Elliot S. Schewel.

HJ 533 - Presented, ord. printed, & laid on Spkr's table 017902988
Patron: H. Morgan Griffith
Alzheimer's Association position:
Summary:
General Assembly; redistricting. Applies to the Governor to call a redistricting special session.

Enacted Legislation

HB 1648 - passed House (98-Y 0-N) with Committee amendment; passed Senate (40-Y 0-N); approved by Governor
Patron: Ward L. Armstrong
Alzheimer's Association position:
Summary:
Insurance agents; continuing education requirements. Authorizes the Insurance Continuation Board to exempt from continuing education requirements a resident agent who is over age 65 and has held a Virginia resident license continuously and without interruption for at least the four years immediately preceding, and has held equivalent license authority for at least 20 of the preceding 30 years and any unlicensed period was not the result of a license revocation or termination.

HB 2228 - passed House (98-Y 0-N); passed Senate (40-Y 0-N); approved by Governor
Patron: Franklin P. Hall
Alzheimer's Association position: SUPPORT
Summary:
Long-term care insurance; rating practices disclosure. Requires the State Corporation Commission's standards for provisions of long-term care insurance policies to address the disclosure of rating practices to consumers. The Joint Commission on Health Care and the Bureau of Insurance are required to (i) monitor the implementation of the revisions to the NAIC's Long-Term Care Insurance Model Regulation dealing with Initial Filing Requirements and Premium Rate Schedule Increases, (ii) document the experience of other states that have implemented the revised regulation, and (iii) recommend whether Virginia should adopt the revised regulation.

HB 2490 - passed House (98-Y 0-N) with Committee substitute; passed Senate (40-Y 0-N); approved by Governor
Patron: Robert H. Brink
Alzheimer's Association position:
Summary:
Assisted living facilities. Clarifies that assisted living facilities shall provide safe, secure environments for residents with serious cognitive impairments only if they have a primary psychiatric diagnosis of dementia.

HJ 504 - Agreed to by House (83-Y 15-N 1-A); Agreed to by Senate (40-Y 0-N)
Patron: H. Morgan Griffith
Alzheimer's Association position:
Summary:
General Assembly; session introduction limits and prefiling schedule. Allows unlimited prefiling of legislation and a combined six-bill and joint resolution introduction limit for members of the House of Delegates and 10-bill and joint resolution introduction limit for members of the Senate after the session begins. Requests for drafts of legislation to be prefiled must be submitted by 5:00 p.m., Monday, December 18, 2000, and returned by January 3, 2001, for review. Requests for redrafts and corrections must by submitted by 5:00 p.m., Friday, January 5, 2001. The final drafts of legislation to be prefiled must be made available by noon, Tuesday, January 9, 2001.

HJ 505 - Agreed to by House (100-Y 0-N); Agreed to by Senate (40-Y 0-N)
Patron: H. Morgan Griffith
Alzheimer's Association position:
Summary:
General Assembly; request and introduction deadlines. Establishes Tuesday, January 9, 2001, as the last day to request first-day introduction bills; Friday, January 12, 2001, as the last day to request legislation not required to be filed earlier; and Friday, January 19, 2001, as the last day to introduce legislation for the 2001 Regular Session.

HJ 506 - Agreed to by House (89-Y 11-N); Agreed to by Senate (40-Y 0-N)
Patron: H. Morgan Griffith
Alzheimer's Association position:
Summary:
General Assembly; exceptions to introduction deadlines. Provides that the deadlines for introducing legislation on January 10, 2001, and January 19, 2001, shall not apply to any House or Senate resolution; joint commending and memorial resolution; any bill or joint resolution affecting the rules of procedure or the schedule of business of the General Assembly, either of its houses, or any of its committees; confirming appointments subject to the confirmation of the General Assembly; conducting elections by the General Assembly; introduced with the unanimous consent of the members elected to the house in which the bill or joint resolution is offered; or introduced at the written request of the Governor.

HJ 507 - Agreed to by House (90-Y 9-N); Agreed to by Senate (40-Y 0-N)
Patron: H. Morgan Griffith
Alzheimer's Association position:
Summary:
Schedule for conduct of business before 2001 Regular Session.

Terminated Legislation

HB 1665 - Tabled in Committee on Appropriations (23-Y 3-N)
Patron: R. Creigh Deeds
Alzheimer's Association position:
Summary:
Virginia Prescription Drug Payment Assistance Program. Establishes a program to be administered by the Department of Medical Assistance Services, modeled on Delaware's Prescription Drug Payment Assistance Program, to assist eligible elderly and disabled Virginians in paying for prescription drugs. The Department of Medical Assistance Services may contract with third-party administrators to provide administrative services that include enrollment, outreach, eligibility determination, data collection, premium payment and collection, financial oversight and reporting. The benefit is limited to prescription drugs manufactured by pharmaceutical companies that agree to provide manufacturer rebates. Eligible persons must have incomes at or below 150 percent of the federal poverty level or have prescription drug expenses that exceed 40 percent of his or her annual income, as set forth in the appropriations act. They must also be age 65 or older or eligible for federal Old Age, Survivors and Disability Insurance Benefits, not be receiving a prescription drug benefit through a Medicare supplemental policy or other third-party payor prescription benefit as of July 1, 2001, and be ineligible for Medicaid prescription benefits; however, nothing shall prohibit the enrollment of a person in the Program during the period in which their Medicaid eligibility is determined. Eligible enrollees will receive an identification card to be presented to pharmacists and will start receiving the benefit the month after their eligibility is determined. Benefits will be paid to pharmacies under a point-of-service claims procedure to be established by the Department of Medical Assistance Services. Participants are required to make a co-payment for each prescription, which in general will not exceed 25 percent of the cost, but not less than five dollars. Money to pay the claims will come from the newly established Prescription Assistance Fund, which is to be financed by 10 percent of the proceeds received by the Commonwealth under the Master Tobacco Settlement Agreement and any federal funds available for this purpose. Administrative costs are to be paid from the pharmaceutical manufacturer rebates to the extent available and the twenty dollar annual enrollment fees. The Board shall develop a comprehensive statewide community-based outreach plan to enroll eligible persons and the Department of Medical Assistance Services shall report annually on the program's implementation. No entitlement to prescription drug coverage on the part of any eligible person or any right or entitlement to participation is created and such coverage shall only be available to the extent that funds are appropriated therefor.

HB 1785 - Tabled in Committee on Appropriations (25-Y 1-N)
Patron: R. Creigh Deeds
Alzheimer's Association position:
Summary:
Virginia Prescription Drug Payment Assistance Pilot Program. Requires the Department of Medical Assistance Services to establish a two-year pilot program, the Virginia Prescription Drug Payment Assistance Pilot Program, by January 1, 2002, to assist a predetermined number of eligible elderly and disabled Virginians in paying for prescription drugs on a first-come, first-served basis. Eligibility criteria shall require that a person have (i) an income below 200 percent of the federal poverty level or (ii) prescription drug expenses that exceed forty percent of his annual income. Also, participants must be sixty-five or older or eligible for federal Old Age Survivors and Disability Insurance Benefits, and be ineligible for Medicaid prescription benefits and not be receiving a prescription drug benefit through a Medicare supplemental policy or any other third party payor prescription benefit. The annual benefit per eligible person shall be up to $2,500. The Department shall establish claims procedures and co-payment amounts, not to exceed 25 percent of the cost but not less than five dollars.

HB 1796 - passed House (96-Y 1-N) with Committee substitute; Incorporated by Senate Committee on Finance into HB2004
Patron: Beverly J. Sherwood
Alzheimer's Association position: SUPPORT
Summary:
Sales and use tax exemption; hospices. Provides a sales and use tax exemption for all federally tax-exempt nonprofit organizations, from July 1, 2001, through June 30, 2005, which are organized for the purpose of caring for the needs of terminally ill patients.

HB 1799 - Tabled in Committee on Appropriations (26-Y 0-N)
Patron: Phillip A. Hamilton
Alzheimer's Association position:
Summary:
Social services; auxiliary grants. Makes the auxiliary grants program completely state-funded by eliminating the local share of the program

HB 1803 - Incorporated by Committee on Health, Welfare and Institutions into HB1665
Patron: John H. Tate, Jr.
Alzheimer's Association position:
Summary:
Virginia Pharmaceutical Assistance Program. Establishes, within the Department of Health, the Virginia Pharmaceutical Assistance Program for the purpose of assuring that individuals who are 65 years old or older and whose incomes do not exceed 200 percent of the federal poverty level have access to medically necessary prescription drugs. The Board of Health is required to (i) use the Medicaid methodology for calculating income eligibility; (ii) establish a methodology for allowing participation of individuals who are eligible and whose prescription drug costs are covered, in part, by a health benefits plan or health insurance; (iii) give priority to individuals who do not have prescription drug coverage from any health benefits plan or health insurance; (iv) establish a formulary of covered drugs; and (v) appoint an advisory committee of no more than 20 citizens with expertise in prescription drug formularies or experience with the issues related to prescription drug coverage and senior citizens. The Board's regulations will also include a sliding fee scale of copayments, establish supply limits, and establish criteria for contracting for the procurement of drugs. This program will not be an entitlement and would only be available to the extent that funds are appropriated. The Board of Health is provided an exception from the procurement act for this program. Emergency regulations are required in a second enactment clause, and a third enactment clause authorizes the Board of Health to implement the program as a pilot to serve a predetermined number of clients on a first-come, first-served basis in the 2000-2002 biennium.

HB 1819 - Passed by indefinitely in Committee on Health, Welfare and Institutions (20-Y 0-N)
Patron: Ward L. Armstrong
Alzheimer's Association position:
Summary:
Medical assistance services; personal care allowance. Requires the state plan for medical assistance services to include a provision for a monthly personal care allowance of $50 for persons receiving medical assistance and residing in nursing homes.

HB 1822 - Tabled in Committee on Health, Welfare and Institutions (22-Y 0-N)
Patron: Harvey B. Morgan
Alzheimer's Association position: SUPPORT
Summary:
Hospice facilities. Provides that hospice programs may be licensed to provide services in a patient's home, a licensed hospital or nursing home, a licensed assisted living facility or a licensed hospice facility. A hospice facility is a specialized facility that is operated by a licensed hospice program solely for the care of hospice patients in an inpatient or a group residential setting. The bill requires the Health Commissioner to license hospice facilities and requires the Board of Health to adopt regulations governing hospice facilities. The regulations shall include requirements for adequate and sufficient staff to provide services to attain and maintain care to meet (i) the plan of care for each patient as established by the hospice program and (ii) the physical safety of the residents. The regulations shall also include staff qualifications and training; facility design, functional design and equipment; and services to be provided to residents, in addition to the services defined in the hospice program plan of care.

HB 1920 - Referred to Committee on Health, Welfare and Institutions sub-committee: 3
Patron: Mitchell Van Yahres
Alzheimer's Association position: SUPPORT
Summary:
Long-term care facilities; voluntary closure or nonrenewal of license or provider agreement and receivership. Provides procedures and consumer protections in the event a long-term care facility chooses voluntarily to close or not to renew its license or provider agreement. All licensed nursing homes, certified nursing homes and assisted living facilities shall notify in writing the appropriate state licensing agency, residents and their authorized representatives and physicians of its intent to close no less than 120 days in advance of its intended closure in order to provide residents the time needed to search for and select a new long-term care facility. The long-term care facility must submit a resident relocation plan to the appropriate state licensing agency for its approval within seven days of the written notification of intent to close or not renew its license or provider agreement. A copy of the relocation plan shall be provided to the Office of the State Long-Term Care Ombudsman. A relocation team will be formed, within seven days of the written notification, comprised of representatives from the state licensing agency, the Department of Medical Assistance Services, the local long-term care ombudsman, the local department of social services, and, when appropriate, the local community services board. The costs of the relocation team shall be absorbed by the agencies as part of their normal duties and responsibilities. The state licensing agency shall not provide written approval of the relocation plan until it has input from the relocation team and the Office of the State Long-Term Care Ombudsman. Department review and approval of the relocation plan shall occur within seven calendar days of receipt of the Office of the State Long-Term Care Ombudsman and local relocation team's recommendations. Failure by the long-term care facility to comply with these provisions shall result in the state licensing agency petitioning the circuit court in the jurisdiction in which the long-term care facility is located for the appointment of a receiver. Finally, the bill provides a process for receivership for noncompliant assisted living facilities commensurate with that of nursing homes and certified nursing facilities.

HB 2004 - passed House (97-Y 1-N); passed Senate (22-Y 18-N) with Committee substitute; Senate substitute rejected by House (0-Y 95-N); Conference report agreed to by Senate (30-Y 9-N); Conference report rejected by House (29-Y 61-N 1-A)
Patron: Harry J. Parrish
Alzheimer's Association position:
Summary:
Sales and use tax exemptions. Extends the sunset date for sales and use tax exemptions benefiting many organizations. Incorporates HB 2509.

HB 2016 - Tabled in Committee on Appropriations (26-Y 0-N)
Patron: Phillip A. Hamilton
Alzheimer's Association position: SUPPORT
Summary:
Health; scholarships and loans for health professionals. Provides that physician, nurse, physician assistant, and nurse practitioner scholarship and loan repayment amounts that are awarded and eventually forfeited by recipients remain in the respective scholarship or loan repayment fund rather than reverting to the general fund. The bill also adds a loan repayment feature under the registered and licensed practical nurse scholarship programs. The bill also has technical amendments.

HB 2179 - Incorporated by Health, Welfare and Institutions into HB 1665
Patron: Harvey B. Morgan
Alzheimer's Association position:
Summary:
Virginia Prescription Drug Payment Assistance Program. Establishes a program to be administered by the Department of Medical Assistance Services, modeled on Delaware's Prescription Drug Payment Assistance Program, to assist eligible elderly and disabled Virginians in paying for prescription drugs. The Department of Medical Assistance Services may contract with third-party administrators to provide administrative services that include enrollment, outreach, eligibility determination, data collection, premium payment and collection, financial oversight and reporting. The benefit is limited to prescription drugs manufactured by pharmaceutical companies that agree to provide manufacturer rebates. Eligible persons must have incomes at or below 150 percent of the federal poverty level or have prescription drug expenses that exceed 40 percent of his or her annual income, as set forth in the appropriations act. They must also be age 65 or older or eligible for federal Old Age, Survivors and Disability Insurance Benefits, not be receiving a prescription drug benefit through a Medicare supplemental policy or other third-party payor prescription benefit as of July 1, 2001, and be ineligible for Medicaid prescription benefits; however, nothing shall prohibit the enrollment of a person in the Program during the period in which their Medicaid eligibility is determined. Eligible enrollees will receive an identification card to be presented to pharmacists and will start receiving the benefit the month after their eligibility is determined. The card shall conform to administrative standards developed and published by the National Council for Prescription Drug Programs. Benefits will be paid to pharmacies under a point-of-service claims procedure to be established by the Department of Medical Assistance Services. Participants are required to make a co-payment for each prescription, which in general will not exceed 25 percent of the cost, but not less than five dollars. All licensed pharmacists shall be allowed to participate in the program so long as the provider is willing to abide by the terms and conditions the Board establishes to participate. Money to pay the claims will come from the newly established Prescription Assistance Fund, which is to be financed by 10 percent of the proceeds received by the Commonwealth under the Master Tobacco Settlement Agreement and any federal funds available for this purpose. Administrative costs are to be paid from the pharmaceutical manufacturer rebates to the extent available and the $20 annual enrollment fees. The Board shall develop a comprehensive statewide community-based outreach plan to enroll eligible persons and the Department of Medical Assistance Services shall report annually on the program's implementation. No entitlement to prescription drug coverage on the part of any eligible person or any right or entitlement to participation is created and such coverage shall only be available to the extent that funds are appropriated therefor.

HB 2238 - Stricken at request of Patron in Committee on Health, Welfare and Institutions (22-Y 0-N)
Patron: Barnie K. Day
Alzheimer's Association position:
Summary:
Health professions; temporary licenses for nurses. Authorizes the Board of Nursing to issue a one-time, six-month temporary license to an applicant who has graduated from a nursing education program in a foreign country and who has met the credential, language, and testing requirements of the Commission on Graduates of Foreign Nursing Schools Qualifying Examination and who are awaiting the completion and final passage of the state licensing exam. The temporary licensees would be limited to work as a staff nurse in a nonsupervisory position in a long-term health care facility.

HB 2257 - Tabled in Committee on Health, Welfare and Institutions (22-Y 0-N)
Patron: Vivian E. Watts
Alzheimer's Association position: SUPPORT
Summary:
Health; nursing home standards. Requires the Board of Health to establish staffing standards for nursing homes that will provide an average of five hours of direct care services per resident per 24-hour period to be reported quarterly.

HB 2276 - Reported from Committee on Health, Welfare and Institutions (22-Y 0-N); Tabled in Appropriations (25-Y 1-N)
Patron: Barnie K. Day
Alzheimer's Association position:
Summary:
Medical assistance services. Requires the Board of Medical Assistance Services to amend the state plan for medical assistance services to include a provision to revise the payment methodology for nursing facility reimbursement that addresses the nursing personnel shortages in rural nursing facilities. This bill requires an exception for rural nursing facilities to the uniform expense classification requirement that allowable expenses for operating costs not exceed the limits or ceilings or both established in the payment system when the allowable expenses for operating expenses have exceeded the limits or ceilings or both because, in order to maintain regular nursing staff levels for direct patient care during a nursing shortage, a rural nursing facility has had to hire contract nurses at higher salary rates than the rates used in the facility's gross salary calculations in it previous annual cost report. These extraordinary expenses must be defined as significant operational changes that can be demonstrated to have a major impact on the fiscal stability of the rural nursing facility. The rural nursing facility will have the right to submit amendments to its previous annual cost report immediately upon incurring these expenses, receive an adjustment of its prospectively determined operating cost rate or ceiling regardless of its peer group, and obtain a recalculation of its reimbursement rate based on the adjustment within 30 days of submission of the amended cost report. Reimbursement of the rural nursing facility on the basis of the newly recalculated reimbursement rate must be initiated within 30 days of the recalculation of the reimbursement rate.

HB 2319 - Reported from Committee on Health, Welfare and Institutions (22-Y 0-N); Tabled in Appropriations (26-Y 0-N)
Patron: S. Chris Jones
Alzheimer's Association position: SUPPORT
Summary:
Health; pharmacy scholarships and loans. Establishes a scholarship and loan repayment program for qualified pharmacy students or graduates of an accredited pharmacy school in the Commonwealth. This is similar in nature to current programs for nurses, physicians, physician assistants and dentists. Any funds remaining in each of the scholarship or loan repayment funds shall not revert to the general fund but shall remain in that program for its purposes.

HB 2432 - passed House (79-Y 19-N) with floor substitute; passed Senate with amendment (39-Y 0-N); Senate amendment rejected by House (11-Y 87-N); Stricken from Senate calendar (39-Y 0-N)
Patron: John M. O'Bannon, III
Alzheimer's Association position:
Summary:
Virginia Tobacco Settlement Fund. Clarifies that the sole purpose for which the moneys in the Virginia Tobacco Settlement Fund may be awarded is for financing efforts to restrict minors' tobacco use.

HB 2633 - Incorporated by Committee on Health, Welfare and Institutions into HB 1665
Patron: Mary T. Christian
Alzheimer's Association position:
Summary:
Virginia Prescription Drug Payment Assistance Program. Establishes a program to be administered by the Department of Medical Assistance Services, modeled on Delaware's Prescription Drug Payment Assistance Program, to assist eligible elderly and disabled Virginians in paying for prescription drugs. The Department of Medical Assistance Services may contract with third-party administrators to provide administrative services that include enrollment, outreach, eligibility determination, data collection, premium payment and collection, financial oversight and reporting. The benefit is limited to prescription drugs manufactured by pharmaceutical companies that agree to provide manufacturer rebates. Eligible persons must have incomes at or below 150 percent of the federal poverty level or have prescription drug expenses that exceed 40 percent of his or her annual income, as set forth in the appropriations act. They must also be age 65 or older or eligible for federal Old Age, Survivors and Disability Insurance Benefits, not be receiving a prescription drug benefit through a Medicare supplemental policy or other third-party payor prescription benefit as of July 1, 2001, and be ineligible for Medicaid prescription benefits; however, nothing shall prohibit the enrollment of a person in the Program during the period in which their Medicaid eligibility is determined. Eligible enrollees will receive an identification card to be presented to pharmacists and will start receiving the benefit the month after their eligibility is determined. Benefits will be paid to pharmacies under a point-of-service claims procedure to be established by the Department of Medical Assistance Services. Participants are required to make a co-payment for each prescription, which in general will not exceed 25 percent of the cost, but not less than five dollars. Money to pay the claims will come from the newly established Prescription Assistance Fund, which is to be financed by 10 percent of the proceeds received by the Commonwealth under the Master Tobacco Settlement Agreement and any federal funds available for this purpose. Administrative costs are to be paid from the pharmaceutical manufacturer rebates to the extent available and the twenty dollar annual enrollment fees. The Board shall develop a comprehensive statewide community-based outreach plan to enroll eligible persons and the Department of Medical Assistance Services shall report annually on the program's implementation. No entitlement to prescription drug coverage on the part of any eligible person or any right or entitlement to participation is created and such coverage shall only be available to the extent that funds are appropriated therefor.

HJ 536 - Left in Committee on Rules
Patron: Harry R. (Bob) Purkey
Alzheimer's Association position: SUPPORT
Summary:
Study; nursing homes. Requesting the Department of Health to study the overall health and viability of Virginia's nursing homes.