2001 Virginia Senate Legislation

Updates are available weekly throughout the 2001 General Assembly Session.

Pending Legislation

SB 800 Budget Bill
SB 801 Adult abuse and neglect
SB 808 Medical malpractice cap
SB 827 Adult protective services; competency training
SB 849 Health professions; medical assistants
SB 892 Practice of nursing
SB 967 Licensure of home health organizations; exemptions
SB 1139 Health; scholarships and loans for health professionals
SB 1167 Conditional release of geriatric prisoners
SB 1199 Adult protective services; competency training
SB 1290 Board of Nursing Home Administrators
SB 1332 Mental health; Alzheimer's Commission

Enacted Legislation SB 955 Health insurance; adverse decisions

Terminated Legislation

SB 804 Medical assistance services
SB 816 Health insurance; nonparticipating ancillary services providers
SB 845 Long-term care facilities; voluntary closure or nonrenewal of license
SB 900 Social Services; Caregiver Grant Fund
SB 1125 Requirements for nursing home licensure
SB 1268 Managed care health insurance plans
SB 1327 Health; pharmacy scholarships and loans

Pending Legislation

SB 800 - Referred to Committee on Finance
Patron: John H. Chichester
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.

SB 801 - passed Senate (40-Y 0-N); passed house (100-Y 0-N)
Patron: W. Roscoe Reynolds
Alzheimer's Association position: SUPPORT
Summary:
Adult abuse and neglect. Rewrites the criminal statute to clarify the penalties when a responsible person abuses or neglects an incapacitated adult.

SB 808 - passed Senate (39-Y 0-N 1-A); passed House (99-Y 0-N)
Patron: Thomas K. Norment, Jr.
Alzheimer's Association position:
Summary:
Medical malpractice cap. Provides that the medical malpractice cap for actions occurring prior to August 1, 1999, is the amount set forth in the statute at the time the act of malpractice occurred. The bill provides that this amendment is declarative of existing law. Apparently some plaintiffs have argued that there is no cap for actions arising prior to August 1, 1999, because the time period prior to August 1, 1999, is not mentioned in the statute as it was amended by the 1999 General Assembly to increase the cap effective August 1, 1999.

SB 827 - passed Senate (40-Y 0-N) with Committee amendment; passed House (99-Y 0-N) with floor substitute; House substitute agreed to by Senate (40-Y 0-N)
Patron: R. Edward Houck
Alzheimer's Association position: SUPPORT
Summary:
Adult protective services; competency training. Expands the Department's responsibility to develop standards for training and education of adult protective services workers by requiring it to determine minimum standards for competency and to develop a training program for all APS workers who shall complete such program within either one year from the implementation of such training program or one year of employment in the adult protective services unit.

SB 849 - passed Senate (39-Y 0-N); passed House (99-Y 0-N)
Patron: Emily Couric
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.

SB 892 - passed Senate (38-Y 1-N) with amendments; passed House (99-Y 0-N) with Committee substitute; House substitute agreed to by Senate (38-Y 2-N)
Patron: W. Roscoe Reynolds
Alzheimer's Association position:
Summary:
Practice of nursing. Exempts, for no more than six months, 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 six-month 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.

SB 967 - passed Senate (39-Y 0-N) with Committee substitute; passed House (95-Y 1-N 1-A) with Committee substitute; House substitute agreed to by Senate (39-Y 0-N)
Patron: H. Russell Potts, Jr.
Alzheimer's Association position:
Summary:
Licensure of home health organizations; exemptions. Provides an exemption from licensure as a home health organization for any licensed occupational therapist providing a limited course of specialized activity-of-daily-living therapy that does not exceed five visits under a medical plan of care.

SB 1139 - passed Senate (39-Y 0-N); passed House (100-Y 0-N)
Patron: Benjamin J. Lambert III
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.

SB 1167 - passed Senate (40-Y 0-N); passed House (95-Y 3-N) with Committee amendments; House amendments agreed to by Senate (39-Y 0-N)
Patron: Emmett W. Hanger, Jr.
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.

SB 1199 - passed Senate (40-Y 0-N) with Committee substitute; passed House (98-Y 0-N) with floor substitute; House substitute agreed to by Senate (40-Y 0-N)
Patron: J. Randy Forbes
Alzheimer's Association position: SUPPORT
Summary:
Adult protective services; competency training. Expands the Department's responsibility to develop standards for training and education of adult protective services workers by requiring it to determine minimum standards for competency and to develop a training program for all APS workers who shall complete such program within either one year from the implementation of such training program or one year of employment in the adult protective services unit.

SB 1290 - passed Senate (39-Y 0-N); Passed House (97-Y 0-N 1-A) with Committee amendments; House amendments agreed to by Senate (39-Y 0-N 1-A)
Patron: William C. Mims
Alzheimer's Association position: SUPPORT
Summary:
Board of Nursing Home Administrators. Adds one resident of a nursing home or a family member of a resident to the Board of Nursing Home Administrators. Appointments to the Board are made by the Governor for four-year terms.

SB 1332 - passed Senate (40-Y 0-N); passed House (99-Y 0-N) with Committee substitute; House substitute agreed to by Senate (40-Y 0-N)
Patron: Warren E. Barry
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. Now the Commission would only make recommendations for funding, legislative changes and other issues rather than be charged with developing a plan. An annual report is still required by September 1 of each year.

Enacted Legislation

SB 955 - passed Senate (39-Y 0-N); passed House (99-Y 0-N); approved by Governor
Patron: Emily Couric
Alzheimer's Association position: SUPPORT
Summary:
Health insurance; adverse decisions. Requires utilization review entities rendering adverse decisions to provide the treating physician with the name, address, and telephone number of the person responsible for making such adverse decision. Currently, entities are only required to provide a contact name, address, and telephone number.

Terminated Legislation

SB 804 - Reported from Committee on Education and Health (15-Y 0-N); Passed by indefinitely in Committee on Finance (15-Y 0-N)
Patron: W. Roscoe Reynolds
Alzheimer's Association position: SUPPORT
Summary:
Medical assistance services. Requires the state plan for medical assistance services to include a provision for payment of medical assistance services for aged and disabled individuals with incomes up to 100 percent of the federal poverty line.

SB 816 - Stricken at request of Patron in Committee on Commerce and Labor
Patron: Leslie L. Byrne
Alzheimer's Association position:
Summary:
Health insurance; nonparticipating ancillary services providers. Prohibits an accident and sickness insurer, health maintenance organization, or health services plan from denying coverage or refusing to pay in full for an ancillary service provided by a nonparticipating provider, unless the health care plan obtains from the covered person a written acknowledgement that (i) services by a nonparticipating ancillary service provider may not be fully covered and (ii) the covered person is responsible for the difference between the amount that is billed and the amount that the insurer or plan pays or reimburses for the service. This measure applies where an insurer or plan has pre-approved a medical service provided at a participating hospital or outpatient treatment facility, but an ancillary service is provided by a nonparticipating provider.

SB 845 - Left in Committee on Education and Health
Patron: Emily Couric
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.

SB 900 - Referred to Committee on Rehabilitation & Social Services; Failed to report (defeated) (6-Y 8-N)
Patron: Walter A. Stosch
Alzheimer's Association position:
Summary:
Social Services; Caregiver Grant Fund. Clarifies that the failure to file a complete application, including supporting documentation, would disqualify the applicant for grant care that year. The bill also deletes the provision that created a priority system whereby applicants who were not allocated the full grant to which they were entitled in a given year would be given first priority for allocations in the next year.

SB 1125 - Left in Committee on Education and Health
Patron: Leslie L. Byrne
Alzheimer's Association position: SUPPORT
Summary:
Requirements for nursing home licensure. Establishes, as a condition of licensure, staffing standards for all nursing homes as follows: (i) each nursing home must have a full-time director of nursing who must be a professional registered nurse; (ii) each nursing home must have designated nursing supervisors on duty at all times who must be professional registered nurses; (iii) each nursing home with 100 beds or more must employ a full-time assistant director of nursing who must be a professional registered nurse; (iv) each nursing home with fewer than 100 beds must employ a part-time professional registered nurse as assistant director of nursing; (v) each nursing home with 100 beds or more must employ a full-time director of in-service education; and (vi) each nursing home with fewer than 100 beds must employ a part-time director of in-service education. In addition, each nursing home must maintain a minimum staffing ratio of registered nurses or licensed practical nurses to residents of at least one to 15 during the day shift, at least one to 20 during the evening shift, and at least one to 30 during the night shift. A nursing home must maintain a minimum staffing ratio of certified nurse aides to residents of at least one to five during the day shift, at least one to five during the evening shift, and at least one to 10 during the night shift. Further, in order to meet the individual needs of residents with extensive nursing care requirements or higher acuity levels, each nursing home must decrease the established caregiver to resident ratios. On a form provided by the Board, each nursing home must post, in a manner easily visible and readily accessible to residents, families, caregivers, and others on each wing and floor of its facility, the actual staffing ratios, according to the most recently completed cost reporting period, grouped by categories of employees and shifts and a list, in at least 48-point type, of the names of the nursing staff on duty at the beginning of each shift on each such wing or floor. This information must be expressed in actual numbers and as staffing ratios, and must include the actual numbers of additional staff employed to meet the additional needs of residents with extensive nursing care requirements or higher acuity levels. The Commissioner of Health is required to ensure that the nursing home staffing requirements are enforced and, in the case of any violations, the Commissioner may evoke various penalties and remedies.

SB 1268 - Failed to Report in Committee on Courts of Justice (6-Y 9-N)
Patron: John S. Edwards
Alzheimer's Association position: SUPPORT
Summary:
Managed care health insurance plans; liability for health care coverage decisions. Provides that health carriers offering managed care health insurance plans have the duty to exercise ordinary care when making decisions regarding the provision of coverage for health care services under the plan. Health carriers are liable for damages arising from injury to or death of a covered person proximately caused by the health carrier's negligence in making any decision that results in a delay in, or denial of, the provision of health care services. The limitations of recovery governing medical malpractice actions and the provisions of Virginia law governing utilization review are not applicable to actions brought pursuant to this bill.

SB 1327 - passed Senate (39-Y 0-N) with Committee amendment; Failed to report (defeated) in House Committee on Appropriations (8-Y 15-N)
Patron: Stephen H. Martin
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. A second enactment provides that the provisions of this act will not become effective unless an appropriation effectuating the purposes of this act is included in the 2001 Appropriations Act, passed during the 2001 Session of the General Assembly and signed into law by the Governor.