1998 Virginia Senate 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."

SB 14 - passed Senate (39-Y 0-N) and House with amendments (99-Y 0-N); House amendments agreed to by Senate (40-Y 0-N) and ; approved by GovernorPatron: Joe Gartlan
Alzheimer's Association position: SUPPORT
Summary:
Guardians and conservators. Clarifies provisions governing the effect of the 1997 changes in the law of guardianship and determinations of incompetency and incapacity on the state's election laws and on the duties of commissioners of accounts. The bill also 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 The section to which the 1997 amendments were drawn was repealed, effective January 1, 1998, by other legislation. Finally, the bill clarifies that the local department of social services of the jurisdiction where the incapacitated person resides is responsible for securing the guardian's report.

SB 33 - passed Senate (40-Y 0-N) and House (99-Y 0-N) and ; approved by GovernorPatron: Frederick Quayle
Alzheimer's Association position: SUPPORT
Summary:
Emergency Medical Services Do Not Resuscitate (EMSDNR) Orders. Authorizes licensed hospital personnel, when acting within their scope of practice, to honor EMSDNR orders for 24 hours after admission. Presently, EMS pre-hospital personnel and hospital emergency department health care providers are authorized to honor EMSDNR orders. After hospital admission, however, the EMSDNR orders have no effect; therefore, a new order must be written--a process which usually takes some hours. This bill provides time to bridge this hiatus between emergency room or EMS transport and the writing of a hospital Do Not Resuscitate order.

SB 78 - Passed Senate with floor amendment in the nature of a substitute (40-Y 0-N) and House with amendment in the nature of a substitute (49-Y 40-N); Failed to pass in Senate on consideration of House substitute before Midnight deadline on March 4
Patron: Stanley Walker
Alzheimer's Association position: SUPPORT
Summary:
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.

SB 96 - Left in Finance
Patron: John Edwards
Alzheimer's Association position: SUPPORT
Summary:
Sales and use tax exemptions; area agencies on aging. Makes permanent the sales and use tax exemption for tangible personal property purchased for use or consumption by area agencies on aging. This exemption was enacted by the 1997 Session and is scheduled to expire on July 1, 1998. There are some technical amendments.

SB 160 - Left in Finance
Patron: Patsy Ticer
Alzheimer's Association position: SUPPORT
Summary:
Nonprofit civic and community service sales and use tax exemptions. Extends the expiration date for sales and use tax exemptions for nonprofit civic and community service organizations from June 30, 1998, to June 30, 2008.

SB 161 - Passed Senate with amendment (40-Y 0-N) and reported from House Finance (24-Y 0-N) but House rereferred to committee (47-Y 46-N); no action taken by Finance
Patron: Patsy Ticer
Alzheimer's Association position: SUPPORT
Summary:
Sales and use tax exemption; nonprofit civic and community service organizations. Grants a sales and use tax exemption for purchases by any nonprofit corporation exempt from taxation under � 501 (c) (3) of the internal Revenue Code which is organized for the purpose of operating a 24-hour, seven-day per week telephone hotline providing confidential listening, crisis intervention and referral services since 1969. The Northern Virginia Hotline, Inc., would be a beneficiary of this exemption.

SB 203 - Left in Finance
Patron: Emmett Hanger
Alzheimer's Association position: SUPPORT
Summary:
Sales and use tax exemptions; nonprofit civic and community service exemptions. Makes permanent the existing sales tax exemption for tangible personal property purchased by local area agencies on the aging. The exemption is scheduled to expire June 30, 1998.

SB 220 - Passed Senate (39-Y 0-N) and Continued to 1999 in House Appropriations (30-Y 0-N)
Patron: Stephen Martin
Alzheimer's Association position: SUPPORT
Summary:
Virginia Retirement System long term care insurance program. Authorizes the Board of the Virginia Retirement System to develop, implement, and administer a long term care insurance program.

SB 280 - Continued to 1999 in Transportation (15-Y 0-N)
Patron: Warren Barry
Alzheimer's Association position: OPPOSE
Summary:
Driver's licenses. Provides that driver's licenses issued to applicants who are 70 years old or older are valid for two years (instead of five) and cannot be issued unless the applicant takes and passes an eye test.

SB 333 - Passed Senate (39-Y 0-N) and continued to 1999 in House Courts of Justice (24-Y 0-N)
Patron: Yvonne Miller
Alzheimer's Association position:
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Adult protective services; false reports; penalties. Provides that any person 14 years of age or older who makes a report of abuse or neglect of aged or incapacitated adults which he knows to be false shall be guilty of a Class 4 misdemeanor for a first offense and a Class 2 misdemeanor for any subsequent offense. The custodian of the adult protective services record, upon presentation of a certified copy of any such conviction, shall purge the record and notify the person alleged to have committed the abuse or neglect of such fact. This provision is comparable to the false report penalty provision for child protective services.

SB 372 - Passed Senate (39-Y 0-N) and House (99-Y 0-N) and ; approved by GovernorPatron: Janet Howell
Alzheimer's Association position: SUPPORT
Summary:
Genetic information. Repeals the sunset from the genetic privacy act. The act was to expire on July 1, 1998.

SB 386 - Defeated in Finance
Patron: Stanley Walker
Alzheimer's Association position: SUPPORT (see Platform)
Summary:
Income tax; tax credit for caregivers. Provides a $500 tax credit to taxpayers with adjusted gross income 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, 1998.

SB 394 - Passed Senate (38-Y 2-N) and House (88-Y 8-N); Governor Gilmore's amendments accepted by the House (98-Y 0-N) and Senate (39-Y 0-N)
Patron: Joe Gartlan
Alzheimer's Association position: SUPPORT
Summary:
Public guardians and conservators. Authorizes the Department for the Aging to implement, fund and manage a statewide program of local or regional public or private entities to provide services as a guardian or conservator for incapacitated persons in those cases where the incapacitated person's estate is insufficient to pay costs and compensate a guardian or fiduciary, and there is no other willing and able person to serve.

SB 402 - Passed Senate with amendment in the nature of a substitute (39-Y 0-N) and House (98-Y 2-N) and Senate (39-Y 0-N) and ; approved by GovernorPatron: Emily Couric
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.

SB 429 - Passed Senate (40-Y 0-N) and House with Health Welfare and Institutions Committee amendment(100-Y 0-N); House amendment agreed to by Senate (39-Y 0-N) and ; approved by GovernorPatron: Ed Houck
Alzheimer's Association position: SUPPORT
Summary:
Emergency Medical Services Orders. Clarifies that an Emergency Medical Services Do Not Resuscitate Order may be issued by an attending physician for his patient who is diagnosed to be afflicted with a terminal condition or for whom he has otherwise issued a Do Not Resuscitate Order and only with the consent of the patient or, if the patient is incapable of making an informed decision regarding consent for such an order, of the person authorized to consent on the patient's behalf. If the patient or, if the patient is incapable of making an informed decision, the person authorized to consent on the patient's behalf expresses to such emergency medical services personnel or hospital emergency department health care providers the desire to be resuscitated prior to cardiac or respiratory arrest, the order shall not be carried out. "Person authorized to consent on the patient's behalf" is defined as (i) in the case of a minor child, the parent or parents having custody of the minor child or the child's legal guardian or (ii) in the case of any patient, any person authorized by law to consent on behalf of the patient incapable of making an informed decision.

SB 463 - Passed Senate (39-Y 0-N) and House (99-Y 0-N) and ; approved by GovernorPatron: Jane Woods
Alzheimer's Association position: SUPPORT
Summary:
Virginia Department of the Aging. Repeals the section that designates the Virginia Department for the Aging as the state agency responsible for coordinating all long-term care efforts of state and local human services agencies. As a result, the Department is no longer required to coordinate the long-term care efforts of state and local agencies.

SB 464 - Passed Senate (39-Y 0-N) (with amendment in the nature of a substitute which eliminates the proposed Deputy Secretary for Long-Term Care and gives this role to the Secretary of Health and Human Resources) and House (99-Y 0-N); Governor Gilmore's amendments accepted by the House (99-Y 0-N) and Senate (38-Y 0-N)
Patron: Jane Woods
Alzheimer's Association position: SUPPORT
Summary:
Health and Human Resources; deputy secretary for long-term care created. Creates the position of Deputy Secretary of Health and Human Resources for Long-Term Care in the Office of the Secretary of Health and Human Resources. The bill provides for the appointment of the Deputy Secretary by the Governor and specifies the Deputy Secretary's term and duties.

SB 465 - Passed Senate with amendments (39-Y 0-N) and passed House with amendments (99-Y 0-N); House amendments agreed to by Senate (40-Y 0-N) and ; approved by GovernorPatron: Jane Woods
Alzheimer's Association position: SUPPORT
Summary:
Department for the Aging; advisory board. Establishes the powers, duties and membership of the advisory board and changes the name to the Commonwealth Council on Aging. There are also technical amendments in this bill.

SB 466 - Passed Senate with amendment in the nature of a substitute (40-Y 0-N) and House with amendments (97-Y 1-N); House amendments agreed to by Senate (40-Y 0-N); Governor Gilmore's amendments accepted by the House (99-Y 0-N) and Senate (38-Y 0-N)
Patron: Jane Woods
Alzheimer's Association position: SUPPORT
Summary:
Certificates of public need; nursing home beds. Establishes the following conditions for the continuing care retirement community (CCRC) exception from the Request For Applications (RFA) process for certificates of public need for an increase in the number of nursing home beds: (i) the CCRC will be required to be registered with the State Corporation Commission as a continuing care provider, (ii) any initial application cannot exceed the lesser of 20 percent of the continuing care retirement community's total number of beds that are not nursing home beds or 60 beds, (iii) any subsequent application cannot cause the continuing care retirement community's total number of nursing home beds to exceed 20 percent of its total number of beds that are not nursing home beds, and (iv) the CCRC has established a qualified resident assistance policy. The Commissioner of Health may authorize a one-time, one-year open admissions period, i.e., admissions without a contract. After the one-time, one-year open admissions period has expired, the facility can only admit a contract holder into the nursing home beds. A CCRC applicant must authorize the State Corporation Commission to disclose information to the Commissioner of Health; the SCC must provide the requested information. The CCRC must have a policy to assist residents who suffer financial exigencies. A CCRC is not prohibited or prevented from discharging a resident for breach of nonfinancial contract provisions or if medically appropriate care can no longer be provided to the resident or if the resident is a danger to himself or others while in the facility. The Commissioner of Health is empowered to monitor compliance with and enforce the conditions of CCRC certificates obtained under the exception to the RFA process. Definitions of "one-time, one-year open admissions period" and "qualified resident assistance policy" are included.

SB 498 - Passed Senate (40-Y 0-N) and House (100-Y 0-N) and ; approved by GovernorPatron: Joe Gartlan
Alzheimer's Association position: SUPPORT
Summary:
Adult protective services. Creates the Adult Protective Services Unit within the Adult Services Program in the Department of Social Services. The Adult Protective Services Unit will (i) support, strengthen, and evaluate adult protective services programs at local departments of social services, (ii) assist in developing and implementing programs aimed at responding to and preventing abuse of elders and incapacitated adults, (iii) prepare, disseminate, and present educational programs and materials on adult abuse, neglect, and exploitation, (iv) develop and provide educational programs and materials to persons mandated to report adult abuse, (v) establish standards of training and provide educational opportunities to qualify workers in the field of adult protective services, (vi) develop policies and procedures to guide the work of persons in the field of adult protective services, (vii) prepare and disseminate statistical information on adult protective services in Virginia, (viii) provide training and technical assistance to the adult protective services hotline, and (ix) provide coordination between the adult protective services program and other state social services, medical and legal agencies. This bill was recommended by the Joint Commission on Health Care.

SB 626 - Passed Senate with Health and Education Committee amendment in the nature of a substitute (40-Y 0-N) and House with Health, Welfare and Institutions Committee amendment (100-Y 0-N); House amendment agreed to by Senate (35-Y 5-N) and ; approved by GovernorPatron: Ed Schrock
Alzheimer's Association position: SUPPORT
Summary:
Medical assistance services; operation and oversight of pre-PACE and PACE plans. Establishes operational, jurisdictional, and regulatory parameters for pre-PACE and PACE plans. The Program for All Inclusive Care for the Elderly, or PACE is a program providing community-based services for elderly individuals and is intended to serve as an alternative to institutionalized care. The bill also identifies the pre-PACE and PACE plans to which insurance regulation will not be applicable.

SB 630 - Passed Senate with Health and Education Committee amendments (40-Y 0-N) and House with Health, Welfare and Institutions Committee amendment in the nature of a substitute (99-Y 0-N); House substitute agreed to by Senate (39-Y 0-N); Governor Gilmore's amendments accepted by the House (99-Y 0-N) and Senate (38-Y 0-N)
Patron: Randy Forbes
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, e.g., the parent or guardian of a minor child. 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.

SB 632 - Passed Senate with Health and Education Committee amendment in the nature of a substitute (40-Y 0-N) and House with amendment in the nature of a substitute (97-Y 0-N); House substitute agreed to by Senate (39-Y 0-N); Governor Gilmore's amendment rejected by Senate (17-Y 20-N); vetoed by Governor Gilmore
Patron: Joe Gartlan
Alzheimer's Association position: SUPPORT
Summary:
Patient-identifying prescription information. Defines patient-identifying prescription information and allows providers to disclose records, aggregate or other data, from which patient-identifying information has been removed, to qualified researchers, including pharmaceutical manufacturers, and their agents for purposes of clinical, pharmaco-epidemiological or pharmaco-economic research.

SB 646 - Continued to 1999 in Courts of Justice
Patron: Bill Mims
Alzheimer's Association position:
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Crimes; assisted suicide. Authorizes the Commonwealth's attorney to bring an action to recover a civil penalty against any person who intentionally or knowingly assists another to commit or attempt to commit suicide. The civil penalty may not exceed $10,000 for a first violation and $100,000 for a second or subsequent violation and is to be paid into the Literary Fund. Any health care provider found liable for the civil penalty will have his professional license permanently revoked. The bill allows for an injunction to prevent a violation 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).

SB 649 - Continued to 1999 in Commerce and Labor (15-Y 0-N)
Patron: John Edwards
Alzheimer's Association position: SUPPORT
Summary:
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.

SB 673 - Passed by indefinitely in Courts of Justice (13-Y 1-N)
Patron: Roscoe Reynolds
Alzheimer's Association position: SUPPORT
Summary:
Civil immunity. Provides limited civil immunity for volunteers who drive motor vehicles for nonprofit organizations that provide transportation for disabled persons, elderly persons, and persons on welfare-related programs.

SJ 97 - Passed Senate (voice vote) and House with Rules Committee amendment (100-Y 0-N); House amendment agreed to by Senate (voice vote); enacted
Patron: Jane Woods
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.

SJ 99 - Passed Senate (40-Y 0-N) and House (100-Y 0-N); enacted
Patron: Benjamin Lambert
Alzheimer's Association position: SUPPORT
Summary:
Study; health insurance. Requests the Joint Commission on Health Care to study the need for an ombudsman program and/or an external appeals mechanism for insurance issues.

SJ 104 - Passed Senate with Rules Committee amendment in the nature of a substitute (40-Y 0-N) and House (100-Y 0-N); enacted
Patron: Stephen Martin
Alzheimer's Association position: SUPPORT
Summary:
Study; Tax credit for long-term care insurance. Directs the Joint Commission on Health Care, to study tax incentives for the purchase of long-term care insurance.

SJ 105 - Passed Senate (voice vote) and House with amendment (100-Y 0-N); House amendment agreed to by Senate (voice vote); enacted
Patron: Stephen Martin
Alzheimer's Association position: SUPPORT
Summary:
Study; Virginia Retirement System. Requesting the Virginia Retirement System to report on the feasibility of offering long-term care insurance to state and local employees, by October 1, 1998, to the Joint Commission on Health Care. The Commission is to include the VRS's findings in its report to the 1999 session of the General Assembly.

SJ 109 - Passed Senate (voice vote) and House with Rules Committee amendment in the nature of a substitute (100-Y 0-N); House amendment agreed to by Senate (voice vote); enacted
Patron: Bill Bolling
Alzheimer's Association position: SUPPORT
Summary:
Study; Virginia Health Information; performance and quality of managed care. Requests Virginia Health Information to develop an information set to measure the performance and quality of managed health insurance plans to provide Virginia's consumers and employers information to assist in making health insurance plan purchasing decisions. Virginia Health Information is a nonprofit organization in a public/private partnership with the Commonwealth of Virginia to develop health care information for consumers, employers, and providers of health care.

SJ 119 - Passed Senate with amendments (voice vote) and House (97-Y 0-N); enacted
Patron: Joe Gartlan
Alzheimer's Association position: SUPPORT
Summary:
Study; Adult Care Residences. Requesting the Department of Social Services and the Joint Commission on Health Care to report on the implementation of recommendations made by the Joint Legislative Audit and Review Commission and other issues related to licensure of adult care residences and adult day care centers.

SJ 120 - Passed Senate (voice vote) and House (100-Y 0-N); enacted
Patron: Joe Gartlan
Alzheimer's Association position: SUPPORT
Summary:
Study; Medicaid. Requests the Department of Medical Assistance Services to study issues regarding current Medicaid nursing home reimbursement.

SJ 125 - Passed Senate (voice vote) and House (100-Y 0-N); enacted
Patron: Stanley Walker
Alzheimer's Association position: SUPPORT
Summary:
Study; health care for the indigent and uninsured population. Continues for the next three years the study by the Joint Commission on Health Care pertaining to improving access to health care for Virginia's indigent and uninsured population pursuant to Senate Joint Resolution 288 (1997). The continuation resolution contemplates the Joint Commission on Health Care examining (i) the Indigent Health Care Trust Fund and a proposed pilot program, (ii) the federal State Children's Insurance Program, and (iii) the number and demographics of uninsured persons in Virginia to ensure that the greatest number of Virginians receive quality, cost-effective health care services.

SJ 160 - Passed Senate with amendment in the nature of a substitute (by voice vote) and House (97-Y 0-N); enacted
Patron: Madison Marye
Alzheimer's Association position:
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Long-term care services reimbursement. Requests the Department of Medical Assistance Services to examine the rates of its reimbursement for adult care residences and adult day-care. The rate for reimbursement of adult care residences which care for individuals all day was established in the budget; however, adult day-care is a waivered services with much higher reimbursement.