VPHA BILL REPORT...2021/01/29 · VPHA BILL REPORT January 29, 2021 PRIORITY HB 1913 Career fatigue and wellness in certain health care providers; programs to address, civil immunity

VPHA BILL REPORT

January 29, 2021

PRIORITY

HB 1913 Career fatigue and wellness in certain health care providers; programs to

address, civil immunity.

Chief patron: Hope

Summary as introduced:

Programs to address career fatigue and wellness in certain health care providers; civil

immunity. Expands civil immunity for health care professionals serving as members of or

consultants to entities that function primarily to review, evaluate, or make recommendations

related to health care services to include health care professionals serving as members of or

consultants to entities that function primarily to address issues related to career fatigue and

wellness in health care professionals licensed, registered, or certified by the Boards of Medicine,

Nursing, or Pharmacy, or in students enrolled in a school of medicine, osteopathic medicine,

nursing, or pharmacy located in the Commonwealth. The bill contains an emergency clause.

EMERGENCY

01/10/21 House: Prefiled and ordered printed with emergency clause; offered 01/13/21

21101116D

01/10/21 House: Referred to Committee on Health, Welfare and Institutions

01/11/21 House: Impact statement from DPB (HB1913)

01/21/21 House: Reported from Health, Welfare and Institutions (21-Y 0-N)

01/22/21 House: Read first time

01/25/21 House: Read second time and engrossed

01/26/21 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

01/26/21 House: VOTE: Block Vote Passage (99-Y 0-N)

01/27/21 Senate: Constitutional reading dispensed

01/27/21 Senate: Referred to Committee on Education and Health

HB 1988 Cannabis oil; processing and dispensing by pharmaceutical processors.

Chief patron: Adams, D.M.


Board of Pharmacy; pharmaceutical processors; processing and dispensing cannabis

oil. Effects numerous changes to the processing and dispensing of cannabis oil by

pharmaceutical processors in the Commonwealth. The bill defines the term "designated caregiver

facility" and allows any staff member or employee of a designated caregiver facility to assist

with the possession, acquisition, delivery, transfer, transportation, and administration of cannabis

oil for any patients residing in the designated caregiver facility. The bill allows written

certifications for use of cannabis oil to include an electronic practitioner signature. The bill

removes the requirement that a cannabis dispensing facility undergo quarterly inspections and

instead requires that inspections occur no more than once annually and allows pharmaceutical

processors to remediate cannabis oil that fails any quality testing standard. The bill requires

pharmaceutical processors to maintain evidence of criminal background checks for all employees

https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB1913https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB1988

and delivery agents of the pharmaceutical processor. The bill directs the Board of Pharmacy to

promulgate regulations implementing the provisions of the bill and regulations creating

reasonable restrictions on advertising and promotion by pharmaceutical processors by July 1,

2021.

01/11/21 House: Prefiled and ordered printed; offered 01/13/21 21101833D


01/15/21 House: Assigned HWI sub: Health Professions


01/28/21 House: House subcommittee amendments and substitutes offered

01/28/21 House: Subcommittee recommends reporting with substitute (6-Y 0-N)

HB 2007 Prescription drugs; price transparency, report.

Chief patron: Sickles


Prescription drug price transparency. Requires every health carrier, pharmacy benefits

manager, wholesale drug distributer, and drug manufacturer to report information about

prescription drug prices to the Department of Health and requires the Department to make such

information available on its website. The bill also provides that, beginning January 1, 2022, a

health plan enrollee's defined cost sharing for each prescription drug shall be calculated at the

point of sale based on a price that is reduced by an amount equal to at least 80 percent of all

rebates received, or to be received, in connection with the dispensing or administration of the

prescription drug. The bill also requires the Bureau of Insurance to (i) identify all statutory and

regulatory provisions from which health plans subject to the Employee Retirement Income

Security Act of 1974 (ERISA) are exempted and (ii) determine the financial impact, if any, of

application of such statutory and regulatory provisions such health plans, and to report its finding

to the Chairman of the House Committees on Health, Welfare and Institutions and Labor and

Commerce and the Chairmen of the Senate Committees on Commerce and Labor and Education

and Health by October 1, 2021




01/23/21 House: Assigned HWI sub: Health



01/28/21 House: House committee, floor amendments and substitutes offered

01/28/21 House: Reported from Health, Welfare and Institutions with substitute (21-Y 1-N)

01/28/21 House: Committee substitute printed 21103917D-H1

01/28/21 House: Referred to Committee on Appropriations

HB 2079 Pharmacists; initiation of treatment with and dispensing and administering of

drugs and devices.

Chief patron: Rasoul


Pharmacists; initiation of treatment; certain drugs and devices. Expands provisions

governing the initiation of treatment with and dispensing and administering of drugs and devices

by pharmacists to allow the initiation of treatment with and dispensing and administering of


drugs, devices, and controlled paraphernalia to persons 18 years of age or older, in accordance

with protocols developed by the Board of Pharmacy in collaboration with the Board of Medicine

and the Department of Health, and of (i) vaccines included on the Immunization Schedule

published by the Centers for Disease Control and Prevention; (ii) tuberculin purified protein

derivative for tuberculosis testing; (iii) controlled substances for the prevention of human

immunodeficiency virus, including controlled substances prescribed for pre-exposure and post-

exposure prophylaxis pursuant to guidelines and recommendations of the Centers for Disease

Control and Prevention; and (iv) drugs, devices, controlled paraphernalia, and other supplies and

equipment available over-the-counter, covered by the patient's health carrier when the patient's

out-of-pocket cost is lower than the out-of-pocket cost to purchase an over-the-counter

equivalent of the same drug, device, controlled paraphernalia, or other supplies or equipment.

The bill requires any pharmacist who administers a vaccination pursuant to clause (i) to report

such administration to the Virginia Immunization Information System. The bill also (a) requires

the Board of Pharmacy, in collaboration with the Board of Medicine and the Department of

Health, to establish protocols for the initiation of treatment with and dispensing and

administering of drugs, devices, and controlled paraphernalia by pharmacists in accordance with

the provisions of the bill by November 1, 2021; (b) requires the Board of Pharmacy, in

collaboration with the Board of Medicine, to adopt regulations within 280 days of the bill's

enactment to implement the provisions of the bill; and (c) requires the Board of Pharmacy to

continue the work group composed of equal number of representatives of the Boards of

Pharmacy and Medicine and other stakeholders to provide recommendations regarding the

developing of protocols for the initiation of treatment with and dispensing and administering of

certain drugs and devices by pharmacists to persons 18 years of age or older.






01/21/21 House: Subcommittee recommends reporting with amendments (6-Y 0-N)

01/26/21 House: Reported from Health, Welfare and Institutions with amendment(s) (19-Y 0-N)

HB 2218 Pharmaceutical processors; permits processors to produce & distribute cannabis

products.

Chief patron: Hayes


Pharmaceutical processors; cannabis products. Permits pharmaceutical processors to produce

and distribute cannabis products other than cannabis oil. The bill defines the terms "botanical

cannabis," "cannabis product," and "usable cannabis." The bill requires the Board of Pharmacy to

establish testing standards for botanical cannabis and botanical cannabis products, establish a

registration process for botanical cannabis products, and promulgate emergency regulations to

implement the provisions of the bill. The bill allows the Board of Pharmacy to assess and collect

a one-time botanical cannabis regulatory fee from each pharmaceutical processor, not to exceed

$50,000, to cover costs associated with the implementation of the provisions of the bill,

including costs for new personnel, training, promulgation of regulations and guidance

documents, and information technology.

https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2218







HB 2219 Pharmacies; freedom of choice by covered individual.

Chief patron: Hodges


Pharmacies; freedom of choice. Requires that no carrier, health maintenance organization, or

pharmacy benefits manager shall prohibit a covered individual from selecting the pharmacy of

his choice to furnish retail, mail order, or specialty pharmaceutical benefits under the covered

individual's policy. The bill provides that no pharmacy that meets the terms and conditions of

participation shall be precluded from obtaining a direct service agreement or participating

provider agreement and that any request for such agreement by a pharmacy shall be acted upon

by a carrier, health maintenance organization, or pharmacy benefits manager within 30 days of

receiving the request. Under current law, some of these requirements apply to health

maintenance organizations; those requirements are expanded in the bill.


01/13/21 House: Referred to Committee on Labor and Commerce

01/19/21 House: Assigned L & C sub: Subcommittee #2




SB 1445 COVID-19; facilitates vaccine administration.

Chief patron: Dunnavant


COVID-19; vaccine administration; emergency. Facilitates the administration of the COVID-

19 vaccine. The bill requires the Department of Health (the Department) to establish a process

whereby any health care provider in the Commonwealth who is qualified and available to

administer the COVID-19 vaccine may volunteer to administer the vaccine to citizens of the

Commonwealth and sets out which health care providers are eligible to volunteer. The bill also

requires the Department to establish a process on its website whereby medical care facilities,

hospitals, hospital systems, corporations, businesses, pharmacies, public and private institutions

of higher education, and any other professional or community entities operating in the

Commonwealth may register such entity's facilities as sites that the Commissioner of Health and

the Department may jointly approve as sites where administration of the COVID-19 vaccine may

occur. The bill permits a public institution of higher education or a private institution of higher

education in the Commonwealth to volunteer to provide assistance to the Department and local

health departments for data processing, analytics, and program development related to the

COVID-19 vaccine through the use of its employees, students, technology, and facilities. The

bill provides civil and criminal immunity to individuals and professional entities acting pursuant

to the bill.

EMERGENCY

https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2219https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1445

01/19/21 Senate: Presented and ordered printed with emergency clause 21103261D


01/21/21 Senate: Senate committee, floor amendments and substitutes offered

01/21/21 Senate: Reported from Education and Health with substitute (14-Y 0-N)

01/21/21 Senate: Committee substitute printed 21103452D-S1

01/22/21 Senate: Constitutional reading dispensed (37-Y 0-N)

01/22/21 Senate: Read second time

01/22/21 Senate: Reading of substitute waived

01/22/21 Senate: Committee substitute agreed to 21103452D-S1

01/22/21 Senate: Reading of amendment waived

01/22/21 Senate: Amendment by Senator Mason agreed to

01/22/21 Senate: Engrossed by Senate - committee substitute with amendment SB1445ES1

01/22/21 Senate: Printed as engrossed 21103452D-ES1

01/22/21 Senate: Constitutional reading dispensed (36-Y 0-N 1-A)

01/22/21 Senate: Passed Senate (38-Y 0-N)

01/28/21 House: Placed on Calendar







MONITOR

HB 1822 Health insurance; cost-sharing payments for prescription asthma inhalers.

Chief patron: Askew


Health insurance; cost-sharing payments for prescription asthma inhalers. Prohibits health

insurance companies and other carriers from setting an amount exceeding $50 per prescription

asthma inhaler that a covered person is required to pay at the point of sale in order to receive a

covered prescription asthma inhaler. The measure also prohibits a provider contract between a

carrier or its pharmacy benefits manager and a pharmacy from containing a provision (i)

authorizing the carrier's pharmacy benefits manager or the pharmacy to charge, (ii) requiring the

pharmacy to collect, or (iii) requiring a covered person to make a cost-sharing payment for a

covered prescription asthma inhaler in an amount that exceeds such limitation. The provisions

apply with respect to health plans and provider contracts entered into, amended, extended, or

renewed on or after January 1, 2022.



01/14/21 House: Referred from Health, Welfare and Institutions





01/21/21 House: Subcommittee recommends reporting (6-Y 2-N)

01/21/21 House: Subcommittee recommends referring to Committee on Appropriations

01/26/21 House: Reported from Labor and Commerce with amendment(s) (14-Y 7-N)


01/27/21 House: Assigned App. sub: Compensation & General Government

HB 1829 Health insurance; credentialing health care providers.

Chief patron: Head


Health insurance; credentialing; health care providers. Provides that provisions requiring

health insurers and other carriers to establish reasonable protocols and procedures for

reimbursing a health professional for services provided while such professional's credentialing

application is pending also apply to certain health maintenance organizations and to corporations

operating dental or optometric plans.



01/14/21 House: Impact statement from SCC (HB1829)

01/14/21 House: Reported from Labor and Commerce (22-Y 0-N)


01/18/21 House: Floor substitute printed 21103204D-H1 (Head)

01/18/21 House: Read second time

01/18/21 House: Substitute by Delegate Head agreed to 21103204D-H1

01/18/21 House: Engrossed by House - floor substitute HB1829H1


01/19/21 House: Read third time and passed House (98-Y 0-N)

01/19/21 House: VOTE: Passage (98-Y 0-N)


01/20/21 Senate: Referred to Committee on Commerce and Labor

01/28/21 House: Impact statement from SCC (HB1829H1)

HB 1989 Public health emergency; emergency medical services agencies, real-time access to

information.

Chief patron: Aird


Public health emergency; emergency medical services agencies; real-time access to

information. Directs the Department of Health to develop and implement a system for sharing

information regarding confirmed cases of communicable diseases of public health threat with

emergency medical services agencies in real time during a declared public health emergency

related to a communicable disease of public health threat and with the Emergency Medical

Services Advisory Board and regional emergency medical services councils upon request, in

order to protect the health and safety of emergency medical services personnel and the public.










01/22/21 House: Assigned App. sub: Health & Human Resources


HB 2008 Health insurance; authorization of drug prescribed for the treatment of a mental

disorder.

Chief patron: Heretick


Health insurance; authorization of drug prescribed for the treatment of a mental

disorder. Requires that any provider contract between a carrier and a participating health care

provider with prescriptive authority, or its contracting agent, provide that no prior authorization

is required for any drug prescribed for the treatment of a mental disorder listed in the most recent

edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American

Psychiatric Association if the prescription (i) is a covered benefit, (ii) does not exceed the U.S.

Food and Drug Administration-labeled dosages, and (iii) has been continuously issued for no

fewer than three months. The bill provides that this requirement does not prohibit a carrier from

requiring step therapy for any drug that is not listed on its prescription drug formulary.








01/26/21 House: Reported from Labor and Commerce with substitute (22-Y 0-N)



HB 2039 Physician assistant; eliminates certain requirement for practice.

Chief patron: Rasoul


Practice as a physician assistant. Eliminates the requirement that a physician assistant enter

into a practice agreement with a single patient care team physician or patient care team podiatrist

and provides that a patient care team physician or patient care team podiatrist shall not be liable

for the actions or inactions of a physician assistant for whom the patient care team physician or

patient care team podiatrist provides collaboration and consultation. The bill also makes clear

that a student physician assistant shall not be required to be licensed to engage in acts that

otherwise constitute practice as a physician assistant, provided that the student physician

assistant is enrolled in an accredited physician assistant education program.








HB 2061 VIIS; any health care provider in the Commonwealth that administers

immunizations to participate.

Chief patron: Willett


Virginia Immunization Information System; health care entities; required

participation. Requires any health care provider in the Commonwealth that administers

immunizations to participate in the Virginia Immunization Information System (VIIS) and report

patient immunization history and information to VIIS. Under current law, participation in VIIS is

optional for authorized health care entities. The bill has a delayed effective date of January 1,

2022.








01/25/21 House: Read second time and engrossed

01/26/21 House: Read third time and passed House (81-Y 19-N)

01/26/21 House: VOTE: Passage (81-Y 19-N)




HB 2242 COVID-19 immunization; prohibition on requirement, discrimination prohibited.

Chief patron: LaRock


COVID-19 immunization; prohibition on requirement; discrimination prohibited. Prohibits

the State Health Commissioner and the Board of Health, the Board of Behavioral Health and

Developmental Services, the Department of Health Professions and any regulatory board therein,

and the Department of Social Services from requiring any person to undergo vaccination for

COVID-19 and prohibits discrimination based on a person's vaccination status with respect to

any COVID-19 vaccine (i) with regard to education, employment, insurance, or issuance of a

driver's license or other state identification or (ii) in numerous other contexts. The bill also

prohibits the inclusion of any patient immunization information in the Virginia Immunization

Information System (VIIS) unless the patient has consented, in writing, to inclusion of his

information in the VIIS.



HB 2268 State Health Commissioner; powers during an epidemic, vaccinations, religious

tenets or practices.

Chief patron: Cole, M.L.


Powers of State Health Commissioner in epidemic; vaccine; religious tenets or

practices. Allows a parent or guardian to object to the vaccination or immunization of a child on

the grounds that the administration of immunizing agents conflicts with his religious tenets or

practices, even if an emergency or epidemic of disease has been declared by the State Board of

Health, which is not allowed under current law. The bill also provides that nothing shall preclude

the State Health Commissioner from requiring immediate immunization of all persons in the case

of an epidemic of any disease of public health importance for which a vaccine exists other than a

person, including a parent or guardian on behalf of a child, who objects on the grounds that the

administration of the vaccine conflicts with his religious tenets or practices. Under current law,

the only exception to the Commissioner's power to require immediate immunization of all

persons in case of an epidemic of any disease of public health importance for which a vaccine

exists is for a person to whose health the administration of a vaccine would be detrimental as

certified in writing by a physician licensed to practice medicine in the Commonwealth.

01/13/21 House: Presented and ordered printed 21100555D



SB 1107 Medical malpractice; limitation on recovery.

Chief patron: Stanley


Medical malpractice; limitation on recovery. Eliminates the cap on the recovery in actions

against health care providers for medical malpractice where the act or acts of malpractice

occurred on or after July 1, 2021.

https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2242https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2268https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1107

12/02/20 Senate: Prefiled and ordered printed; offered 01/13/21 21100841D

12/02/20 Senate: Referred to Committee on the Judiciary

SB 1166 Nursing professional; establishes a nonrefundable individual income tax credit.

Chief patron: Kiggans


Nursing professional tax credit. Establishes a nonrefundable individual income tax credit of

$500 for certified nurse aides, licensed practical nurses, and registered nurses who work for at

least 42 weeks during a taxable year in a licensed nursing home or certified nursing facility in the

Commonwealth for taxable years 2021 through 2025. The credit may be carried over for five

taxable years, and the Department of Taxation is directed to work with the Virginia Department

of Health's Office of Licensure and Certification to determine the eligibility of taxpayers

claiming the credit.


01/08/21 Senate: Referred to Committee on Finance and Appropriations

SB 1227 Hormonal contraceptives; payment of medical assistance for 12-month supply.

Chief patron: Boysko


State plan for medical assistance; payment of medical assistance; 12-month supply of

hormonal contraceptives. Directs the Board of Medical Assistance Services to include in the

state plan for medical assistance a provision for the payment of medical assistance for the

dispensing or furnishing of up to a 12-month supply of hormonal contraceptives at one time. The

bill prohibits the Department of Medical Assistance Services from imposing any utilization

controls or other forms of medical management limiting the supply of hormonal contraceptives

that may be dispensed or furnished to an amount less than a 12-month supply and makes clear

that the bill shall not be construed to (i) require a provider to prescribe, dispense, or furnish a 12-

month supply of self-administered hormonal contraceptives at one time or (ii) exclude coverage

for hormonal contraceptives as prescribed by a prescriber, acting within his scope of practice, for

reasons other than contraceptive purposes.



01/19/21 Senate: Impact statement from DPB (SB1227)

01/19/21 Senate: Senate subcommittee amendments and substitutes offered

01/21/21 Senate: Reported from Education and Health with amendment (14-Y 0-N)

01/21/21 Senate: Rereferred to Finance and Appropriations

01/26/21 Senate: Reported from Finance and Appropriations (14-Y 0-N)


01/28/21 Senate: Read second time

01/28/21 Senate: Reading of amendment waived

01/28/21 Senate: Committee amendment agreed to

01/28/21 Senate: Engrossed by Senate as amended SB1227E

01/28/21 Senate: Printed as engrossed 21101488D-E

01/28/21 Senate: Impact statement from DPB (SB1227E)

https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1166https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1227

SB 1333 Pharmaceutical processors; permits processors to produce & distribute cannabis

products.

Chief patron: Lucas


Pharmaceutical processors; cannabis products. Permits pharmaceutical processors to produce

and distribute cannabis products other than cannabis oil. The bill defines the terms "botanical

cannabis," "cannabis product," and "usable cannabis." The bill requires the Board of Pharmacy to

establish testing standards for botanical cannabis and botanical cannabis products, establish a

registration process for botanical cannabis products, and promulgate emergency regulations to

implement the provisions of the bill. The bill allows the Board of Pharmacy to assess and collect

a one-time botanical cannabis regulatory fee from each pharmaceutical processor, not to exceed

$50,000, to cover costs associated with the implementation of the provisions of the bill,

including costs for new personnel, training, promulgation of regulations and guidance

documents, and information technology.



01/22/21 Senate: Assigned Education sub: Health


01/28/21 Senate: Senate committee, floor amendments and substitutes offered

01/28/21 Senate: Reported from Education and Health with substitute (13-Y 1-N 1-A)



https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1333

TRACK

HB 1922 Medical assistance; coverage for reproductive health services.

Chief patron: Price


Medical assistance; coverage for reproductive health services. Directs the Board of Medical

Assistance Services to include in the state plan for medical assistance services a provision for the

payment of medical assistance for medically necessary reproductive health care service for

eligible individuals, and provides that medical benefits required to be provided to individuals

eligible for medical assistance under the Family Access to Medical Insurance Security (FAMIS)

Plan shall include reproductive health care services for which the payment of medical assistance

is required under the state plan for medical assistance. The bill directs the Board of Medical

Assistance Services to adopt emergency regulations to implement the provisions of the bill. The

bill also requires health benefit plans to cover the costs of specified health care services, drugs,

devices, products, and procedures related to reproductive health. The health benefit plan

requirements become effective when a plan is delivered, issued for delivery, reissued, or

extended in the Commonwealth on and after January 1, 2022, or at any time thereafter when any

term of the health benefit plan is changed or any premium adjustment is made.



HB 1963 Funding local health departments; cooperative local health budget, report.

Chief patron: Bagby


Cooperative local health budget; report. Provides that funding for local health departments

shall consist of such state funds as may be allocated for the operation of the local health

department together with local matching funds and estimated self-generated local service

revenues, the total amount of which shall constitute the cooperative local health budget available

to a local department of health, and that the amount of local matching funds for which a county

or city is responsible shall be based on the county's or city's revenue generation capacity factor,

as defined in the bill; in no case, however, shall the amount of local matching funds required be

greater than 45 percent or less than 18 percent of the total amount of the cooperative local health

budget for the local health department that serves the county or city, after deducting estimated

self-generated local service revenues. The bill directs the Department of Health to biennially

review the local matching fund amount for each county and city, determine whether such amount

should be revised as a result of changes to the county's or city's revenue generation capacity, and

report the results of such review and any recommendations for changes to a county's or city's

local matching fund amount to the Governor and the General Assembly.







HB 2107 Health, Board of; public health emergency, virtual visitation for certain facilities.

https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB1922https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB1963http://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2107

Chief patron: Fariss

A BILL to amend and reenact §§ 32.1-127 and 32.1-162.5 of the Code of Virginia, relating to

State Board of Health; public health emergency; virtual visitation.

21101403D


Board of Health; public health emergency; virtual visitation. Requires the Board of Health to

amend regulations governing hospitals, nursing homes, certified nursing facilities, and hospices

to require such entities to adopt protocols to ensure that, during a public health emergency

related to a communicable disease of public health threat, each patient is able to receive virtual

visits from any person designated by the patient, within 72 hours of the time the request for a

virtual visit is made.





HB 1976 Virginia Health Workforce Development Authority; mission of Authority,

membership.

Chief patron: Willett


Virginia Health Workforce Development Authority; mission; membership. Adds to the

mission of the Virginia Health Workforce Development Authority (i) developing strategies to

increase diversity in the health workforce by examining demographic data on race and ethnicity

in training programs and health professional licensure and (ii) identifying ways to leverage

technology to increase access to health workforce training and health care delivery. The bill

increases from three to five the number of members representing health professionals or

employers or representatives of health professionals on the Board of Directors of the Authority

and removes the requirement that the chairman and vice-chairman of the Board of Directors be

legislative members. The bill adds the Chief Workforce Development Advisor to the list of

officials and entities to whom the Board of Directors reports biennially on the activities and

recommendations of the Authority.






01/25/21 House: Read second time

01/25/21 House: Committee amendments agreed to

01/25/21 House: Engrossed by House as amended HB1976E

01/25/21 House: Printed as engrossed 21102182D-E

01/26/21 House: Read third time and passed House BLOCK VOTE (99-Y 0-N)

01/26/21 House: VOTE: Block Vote Passage (99-Y 0-N)




HB 1987 Telemedicine; coverage of telehealth services by an insurer, etc.

Chief patron: Adams, D.M.


Telemedicine. Clarifies that nothing shall preclude coverage of telehealth services by an insurer

proposing to issue individual or group accident and sickness insurance policies providing

hospital, medical and surgical, or major medical coverage on an expense-incurred basis; a

corporation providing individual or group accident and sickness subscription contracts; or a

health maintenance organization providing a health care plan for health care services. The bill

requires the Board of Medical Assistance Services to amend the state plan for medical assistance

to provide for payment of medical assistance for remote patient monitoring services provided via

telemedicine for certain high-risk patients, and provides for the establishment of a practitioner-

patient relationship via telemedicine for the prescribing of Schedule II through VI controlled

substances.














01/28/21 House: Impact statement from DPB (HB1987H1)

HB 2303 Controlled substances; reduces penalty for possession of a Schedule I or II

substance, penalties.

Chief patron: Hudson


Possession of controlled substances; penalties. Reduces the penalty for possession of a

Schedule I or II controlled substance from a Class 5 felony to a Class 1 misdemeanor and the

penalty for possession of a Schedule IV or V controlled substance from a Class 2 misdemeanor

and a Class 3 misdemeanor, respectively, to a Class 4 misdemeanor. Consequently, the bill

removes felony violations of possession of a controlled substance from the definition of barrier

crime related to criminal history checks for eligibility for various types of employment, to

volunteer or provide certain services, or to establish or operate certain types of regulated

businesses.

The bill also limits the previous convictions that make a person ineligible for disposition under

the first offender statute to a previous conviction for possession of a controlled substance or

manufacturing, selling, giving, distributing, or possessing with intent to manufacture, sell, give,

or distribute a controlled substance or an imitation controlled substance. Under current law, a

previous conviction for any drug-related criminal offense, or under any statute of the United

States or of any state relating to narcotic drugs, marijuana, or stimulant, depressant, or


hallucinogenic drugs makes a person ineligible for such disposition. The bill also amends the

required conditions of probation under the first offender statute.

The bill changes the penalty for an attempt to commit a felony drug offense from imprisonment

for not less than one nor more than 10 years to a Class 6 felony and removes the felony offenses

for a prisoner to secrete or have in his possession any chemical compound that he has not

lawfully received, any Schedule III controlled substance, or marijuana. The bill makes secreting

or possessing a controlled substance or marijuana by a prisoner punishable the same as

possession of such controlled substances or marijuana by a person who is not in prison. Lastly,

the bill provides that the definition of "controlled substance" for purposes of the Drug Control

Act shall not include mere residue of any drug, substance, or immediate precursor in Schedules I

through VI that is not a weighable quantity or a countable dosage unit. The bill contains

technical amendments.


01/19/21 House: Referred to Committee for Courts of Justice

01/26/21 House: Assigned Courts sub: Criminal

HB 2322 Opioid Abatement Authority; established, report.

Chief patron: Herring


Establishing an Opioid Abatement Authority. Establishes the Opioid Abatement Authority.

The Authority, with the assistance of the Office of the Attorney General, would administer the

Opioid Abatement Fund, which would receive moneys from settlements, judgments, verdicts,

and other court orders, or related agreements, concerning claims regarding the manufacturing,

marketing, distribution, or sale of opioids that would be used to provide grants and loans to

Virginia agencies and certain localities for the purpose of treating, preventing, and reducing

opioid use disorder and the misuse of opioids in the Commonwealth.


01/21/21 House: Referred to Committee on General Laws

01/27/21 House: Assigned GL sub: Professions/Occupations and Administrative Process



SB 1205 Career fatigue and wellness in certain health care providers; programs to address,

civil immunity.

Chief patron: Barker


Programs to address career fatigue and wellness in certain health care providers; civil

immunity. Expands civil immunity for health care professionals serving as members of or

consultants to entities that function primarily to review, evaluate, or make recommendations

related to health care services to include health care professionals serving as members of or

consultants to entities that function primarily to address issues related to career fatigue and

wellness in health care professionals licensed, registered, or certified by the Boards of Medicine,

Nursing, or Pharmacy, or in students enrolled in a school of medicine, osteopathic medicine,

nursing, or pharmacy located in the Commonwealth. The bill contains an emergency clause.

EMERGENCY

https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HB2322https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1205

01/11/21 Senate: Prefiled and ordered printed with emergency clause; offered 01/13/21

21101126D



01/13/21 Senate: Assigned Education sub: Health Professions

01/21/21 Senate: Reported from Education and Health (14-Y 0-N)


01/25/21 Senate: Read second time and engrossed

01/26/21 Senate: Read third time and passed Senate (39-Y 0-N)

SB 1289 Health insurance; carrier business practices, provider contracts.

Chief patron: Surovell

A BILL to amend and reenact § 38.2-3407.15 of the Code of Virginia, relating to health

insurance; carrier business practices; provider contracts.

21101825D


Health insurance; provider contracts. Requires that each provider contract include provisions

(i) requiring providers to provide health care services to enrollees in a manner similar to and

within the same time availability in which the provider provides health care services to any other

individual and (ii) prohibiting a provider from discriminating against any enrollee as a result of

the enrollee's enrollment in a health plan or on the basis of the enrollee's race, color, creed,

national origin, ancestry, religion, sex, marital status, age, disability, payment source, state of

health, need for health care services, status as a litigant except in cases where the enrollee claims

medical malpractice by the provider, status as a Medicare enrollee, status as a medical assistance

recipient, sexual orientation, or gender identity, or on any other basis prohibited by law. The bill

prohibits a provider contract from requiring a provider to provide any type or kind of health care

service to enrollees that it does not customarily provide to others. The bill provides that a

provider that violates the anti-discrimination provisions may be subject to fines and other

discipline from the provider's licensing authority and an enrollee injured as result of any

discrimination is entitled initiate a civil action against the provider.

The bill also prohibits a provider contract from (a) directly or indirectly restricting the carrier

from directing or steering enrollees to other health care providers or offering incentives to

encourage enrollees to utilize specific providers; (b) requiring the carrier to enter into any

additional contract with an affiliate of the provider as a condition of entering into a contract with

such provider or to agree to payment rates or other terms for any affiliate not party to the contract

of the provider involved; or (c) restricting other carriers not party to the contract from paying a

lower rate for items or services than the contracting plan or issuer pays for such items or

services.

The bill prohibits a provider from terminating or failing to renew the contractual relationship

with a carrier, or any provider contract, or otherwise penalize any carrier, for invoking any of the

carrier’s rights. The bill also provides that a provider or carrier injured as a result of a violation

or threatened violation of any provision governing carrier business practices is entitled to

injunctive relief against any and all violators or persons threatening violation.

http://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1289

The bill requires a provider contract to permit a provider a maximum of 90 days from the date a

health care service is rendered to submit a claim for payment. The bill requires carriers to supply

fee schedules in writing and in machine-readable electronic format and to provide the complete

fee schedule applicable to the provider for each health plan in which the provider participates or

is proposed to participate. The bill requires that amendments to a provider contract be presented

in a manner so as to allow the provider to easily identify the specific terms being proposed for

amendment and that proposed amendments be formatted to clearly identify the changes to the

language of the agreement.


01/12/21 Senate: Referred to Committee on Commerce and Labor


01/19/21 Senate: Impact statement from SCC (SB1289)

SB 1338 Telemedicine services; remote patient monitoring services.

Chief patron: Barker


Telemedicine services; remote patient monitoring services. Defines "medically necessary" for

the purposes of telemedicine services and clarifies the definitions of "remote patient monitoring

services" and "telemedicine services." The Board of Medical Assistance Services is currently

required to include in the state plan for medical assistance services a provision for the payment

of medical assistance for medically necessary health care services provided through telemedicine

services, and the bill directs the Board to provide payment for remote patient monitoring services

provided through telemedicine services based on an annual publication by the Centers for

Medicare and Medicaid Services.




01/19/21 Senate: Senate subcommittee amendments and substitutes offered

01/21/21 Senate: Reported from Education and Health with substitute (14-Y 0-N)

01/21/21 Senate: Incorporates SB1416 (Stanley)



01/25/21 Senate: Impact statement from DPB (SB1338S1)

01/25/21 Senate: Motion to rerefer to committee agreed to


SB 1464 Drug Control Act; adds certain chemicals to Schedule I of Act.

Chief patron: Newman


Drug Control Act; Schedule I. Adds certain chemicals to Schedule I of the Drug Control Act.

The Board of Pharmacy has added these substances to Schedule I in an expedited regulatory

process. A substance added via this process is removed from the schedule after 18 months unless

a general law is enacted adding the substance to the schedule.

01/21/21 Senate: Presented and ordered printed 21103016D




01/22/21 Senate: Impact statement from VCSC (SB1464)


01/28/21 Senate: Reported from Education and Health (15-Y 0-N)

BILLS NO LONGER ACTIVE

HB 1769 Health care providers, certain; licensure or certification by endorsement.

Chief patron: Freitas


Certain health care providers; licensure or certification by endorsement. Requires the Board

of Medicine to issue a license or certificate by endorsement to an applicant who holds a valid,

unrestricted license or certificate under the laws of another state, the District of Columbia, or a

United States territory or possession with which the Commonwealth has not established a

reciprocal relationship upon endorsement by the appropriate board or other appropriate authority

of such other state, the District of Columbia, or United States territory or possession and a

determination by the Board of Medicine that the applicant's credentials are satisfactory to the

Board of Medicine and the examinations and passing grades required by such other board or

authority are fully equal to those required by the Board of Medicine.





01/21/21 House: Subcommittee recommends laying on the table (6-Y 0-N)

HB 1959 Medication abandonment and increasing patient medication adherence; options

for reducing rates.

Chief patron: Fowler


Study; Health Professions Subcommittee of the Committee on Health, Welfare and

Institutions; options for reducing rates of medication abandonment and increasing patient

medication adherence; report. Directs the Health Professions Subcommittee of the Committee

on Health, Welfare and Institutions to study options for reducing the rates of medication

abandonment and increasing patient medication adherence, including the feasibility of permitting

health plans and pharmacy benefits managers to make available in real time to enrollees and their

health care providers, upon request of such health care provider made at the time a prescription

drug is prescribed to an enrollee, information regarding the actual cost and any benefits of the

prescription drug and any health insurance coverage related to the prescription drug.


01/11/21 House: Referred to Committee on Rules

01/20/21 House: Assigned Rules sub: Studies




HB 2021 Health insurance; provider contracts, report.

Chief patron: Gooditis


Health insurance; provider contracts; report. Prohibits a carrier from unilaterally amending

any material provision of a provider contract or adding any new material provision to any

provider contract within 12 months of execution of the provider contract or the date of last

amendment to the provider contract. The measure requires such an amendment to be agreed to by

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the provider in a signed written amendment to the provider contract. The measure defines a

material provision of a provider contract as the fee schedule and any provision contained in the

body of the provider contract including definitions, any provision required to be included in a

provider contract, and any provision related to the term or duration of the provider contract, the

method by which the provider contract can be amended or terminated, obligations of the parties,

notices and reporting, coordination of benefits, the period of time required for submission or

payment of claims, retroactive denial of a previously paid claim, dispute resolution, or arbitration

procedures.

The measure requires that carriers supply fee schedules in writing, make fee schedules available

in machine-readable electronic format, and provide the complete fee schedule applicable to the

provider for each health plan in which the provider participates or is proposed to participate. The

measure requires that amendments to a provider contract be presented in a manner so as to allow

the provider to easily identify the specific terms being proposed for amendment and that

proposed amendments be formatted to clearly identify the changes to the language of the

agreement.

The measure requires provider contracts to permit a provider a minimum of 180 days from the

date a health care service is rendered to submit a claim for payment. The measure also (i)

requires the State Corporation Commission to promulgate regulations to establish a procedure for

accepting and resolving complaints relating to an alleged or suspected failure to comply with the

minimum fair business standards as it relates to any provider or carrier, (ii) authorizes the

Commission is to investigate complaints, (iii) subjects a person that refuses or fails to provide

information in a timely manner to the Commission to enforcement and penalty provisions, and

(iv) requires the Commission to report annually on the complaints received and the results of any

investigation made to the House Committees on Labor and Commerce and Health, Welfare and

Institutions and the Senate Committees on Commerce and Labor and Education and Health and

to the Joint Commission on Health Care.







HB 2274 Health insurance; carrier business practices, provider contracts.

Chief patron: Webert


Health insurance; provider contracts. Requires that each provider contract include provisions

(i) requiring providers to provide health care services to enrollees in a manner similar to and

within the same time availability in which the provider provides health care services to any other

individual and (ii) prohibiting a provider from discriminating against any enrollee as a result of

the enrollee's enrollment in a health plan or on the basis of the enrollee's race, color, creed,

national origin, ancestry, religion, sex, marital status, age, disability, payment source, state of

health, need for health care services, status as a litigant except in cases where the enrollee claims

medical malpractice by the provider, status as a Medicare enrollee, status as a medical assistance

recipient, sexual orientation, or gender identity, or on any other basis prohibited by law. The bill

prohibits a provider contract from requiring a provider to provide any type or kind of health care


service to enrollees that it does not customarily provide to others. The bill provides that a

provider that violates the anti-discrimination provisions may be subject to fines and other

discipline from the provider's licensing authority and an enrollee injured as result of any

discrimination is entitled initiate a civil action against the provider.

The bill also prohibits a provider contract from (a) directly or indirectly restricting the carrier

from directing or steering enrollees to other health care providers or offering incentives to

encourage enrollees to utilize specific providers; (b) requiring the carrier to enter into any

additional contract with an affiliate of the provider as a condition of entering into a contract with

such provider or to agree to payment rates or other terms for any affiliate not party to the contract

of the provider involved; or (c) restricting other carriers not party to the contract from paying a

lower rate for items or services than the contracting plan or issuer pays for such items or

services.

The bill prohibits a provider from terminating or failing to renew the contractual relationship

with a carrier, or any provider contract, or otherwise penalize any carrier, for invoking any of the

carrier’s rights. The bill also provides that a provider or carrier injured as a result of a violation

or threatened violation of any provision governing carrier business practices is entitled to

injunctive relief against any and all violators or persons threatening violation.

The bill requires a provider contract to permit a provider a maximum of 90 days from the date a

health care service is rendered to submit a claim for payment. The bill requires carriers to supply

fee schedules in writing and in machine-readable electronic format and to provide the complete

fee schedule applicable to the provider for each health plan in which the provider participates or

is proposed to participate. The bill requires that amendments to a provider contract be presented

in a manner so as to allow the provider to easily identify the specific terms being proposed for

amendment and that proposed amendments be formatted to clearly identify the changes to the

language of the agreement.







HJ 531 Interstate Medical Licensure Compact; Joint Com. on Health Care to study

advisability of joining.

Chief patron: Helmer


Study; Joint Commission on Health Care; advisability of the Commonwealth's joining the

Interstate Medical Licensure Compact; report. Directs the Joint Commission on Health Care

to study the advisability of the Commonwealth's joining the Interstate Medical Licensure

Compact (the Compact), including the legal effects of joining of the Compact in the

Commonwealth and possible positive and negative outcomes resulting from the adoption of the

Compact, and develop recommendations as to whether the Commonwealth should join the

Compact. The Joint Commission on Health Care shall complete its work by November 30, 2021,

and submit an executive report of its findings and conclusions no later than the first day of the

2022 Regular Session of the General Assembly.

https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HJ531




HJ 577 Medicaid managed care organizations and provider networks; joint subcommittee

to study oversight.

Chief patron: Price


Study; joint subcommittee; oversight of Medicaid managed care organizations and

provider networks in the Commonwealth; report. Establishes a joint subcommittee to study

oversight of Medicaid managed care organizations and provider networks in the Commonwealth,

including (i) the current process by which the Department of Medical Assistance Services enters

into contracts with managed care organizations for the delivery of services to Medicaid enrollees

and the requirements of such contracts; (ii) the process by which managed care organizations

enter into and terminate contracts with providers in the Commonwealth, including any

procedural requirements that must be met before a provider agreement is terminated and any

opportunity for communication and correction by the provider; (iii) managed care organizations'

provider networks, including demographic information about enrolled providers and recent

changes in managed care organizations' provider networks, including demographic information

about providers that have been added to or removed from provider networks in recent years; and

(iv) whether changes should be made to contracts between the Department of Medical Assistance

Services and managed care organizations to ensure providers are able to meet agreements set

forth in provider agreements while ensuring the safety and well-being of Medicaid enrollees, and

to develop recommendations for improving the process by which providers of Medicaid services

are recruited, enrolled in, participate in, and are terminated from provider networks to ensure

access to a diverse array of services and providers for all Medicaid enrollees in the

Commonwealth. The joint subcommittee shall complete its meetings by November 30, 2021, and

the chairman shall submit to the Division of Legislative Automated Systems an executive

summary of its findings and recommendations no later than the first day of the 2022 Regular

Session of the General Assembly.





HJ 560 Pharmaceutical distribution payment system; Secretary of HHR to convene a work

group to examine.

Chief patron: Guzman


Study; Secretary of Health and Human Resources; pharmaceutical distribution payment

system; report. Requests the Secretary of Health and Human Resources to convene a work

group to examine the pharmaceutical distribution payment system in the Commonwealth and

innovative solutions to address the cost of prescription drugs to Virginians at the point of sale.



https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HJ577https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+HJ560


01/22/21 House: Subcommittee recommends striking from docket (5-Y 0-N)

SB 1116 State Health Commissioner; powers during an epidemic, vaccinations, religious

tenets or practices.

Chief patron: Peake


Powers of State Health Commissioner in epidemic; vaccine; religious tenets or

practices. Allows a parent or guardian to object to the vaccination or immunization of a child on

the grounds that the administration of immunizing agents conflicts with his religious tenets or

practices, even if an emergency or epidemic of disease has been declared by the State Board of

Health, which is not allowed under current law. The bill also provides that nothing shall preclude

the State Health Commissioner from requiring immediate immunization of all persons in the case

of an epidemic of any disease of public health importance for which a vaccine exists other than a

person, including a parent or guardian on behalf of a child, who objects on the grounds that the

administration of the vaccine conflicts with his religious tenets or practices. Under current law,

the only exception to the Commissioner's power to require immediate immunization of all

persons in case of an epidemic of any disease of public health importance for which a vaccine

exists is for a person to whose health the administration of a vaccine would be detrimental as

certified in writing by a physician licensed to practice medicine in the Commonwealth.





01/21/21 Senate: Passed by indefinitely in Education and Health (9-Y 5-N)

SB 1117 Immunizations; religious tenets or practices.

Chief patron: Peake


Immunizations; religious tenets or practices. Allows a parent or guardian to object to the

vaccination or immunization of a child on the grounds that the administration of immunizing

agents conflicts with his religious tenets or practices, even if an emergency or epidemic of

disease has been declared by the State Board of Health, which is not allowed under current law.





01/21/21 Senate: Passed by indefinitely in Education and Health (9-Y 5-N)

SB 1243 Marijuana; legalization of cultivation, manufacture, sale, possession, and testing,

penalties.

Chief patron: Morrissey


Marijuana; legalization of cultivation, manufacture, sale, possession, and testing;

penalties. Establishes a regulatory scheme for the regulation of marijuana cultivation facilities,

marijuana manufacturing facilities, marijuana testing facilities, and retail marijuana stores by the

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Board of Agriculture and Consumer Services. The bill also grants localities the authority to enact

ordinances establishing additional licensing requirements for marijuana establishments located

within such locality and allows the home cultivation of marijuana for personal use under certain

circumstances. The bill imposes a tax on retail marijuana and retail marijuana products sold by a

retail marijuana store at a rate of 9.7 percent (for a total sales tax of 15 percent) and provides that

67 percent of the revenues collected from the tax be deposited into the general fund and 33

percent of the revenues be deposited into a "Retail Marijuana Education Support Fund" to be

used solely for purposes of public education. The bill establishes several new criminal penalties

related to marijuana as well as modifies some existing criminal penalties. The bill requires the

automatic expungement of records relating to the arrest, charge, conviction, adjudication or civil

offense of a person for a misdemeanor violation of distribution or possession with intent to

distribute marijuana and for a violation of possession of marijuana by July 1, 2022, or if, on July

1, 2022, the person who is the subject of the arrest, charge, conviction, adjudication, or civil

offense has not completed all terms of sentencing and probation, including satisfaction of all

court costs and fines and all orders of restitution, by three months after the date of completion of

all terms of sentencing and probation. Finally, the bill permits any person who is convicted or

adjudicated delinquent of a felony violation of distribution or possession with intent to distribute

marijuana or charged with such violation which charge is deferred and dismissed, to petition for

expungement of such charge, conviction, or adjudication under certain circumstances.


01/11/21 Senate: Referred to Committee on Rehabilitation and Social Services

01/13/21 Senate: Impact statement from VCSC (SB1243)

01/18/21 Senate: Assigned Rehab sub: Marijuana

01/22/21 Senate: Incorporated by Rehabilitation and Social Services (SB1406-Ebbin) (9-Y 3-N)

SB 1449 COVID-19 immunization; prohibition on requirement, employment

discrimination prohibited.

Chief patron: Chase


COVID-19 immunization; prohibition on requirement; employment discrimination

prohibited. Prohibits discrimination based on a person's vaccination status with respect to any

COVID-19 vaccine in numerous employment contexts.


01/19/21 Senate: Referred to Committee on General Laws and Technology

01/27/21 Senate: Passed by indefinitely in General Laws and Technology (11-Y 1-N 1-A)

SB 1450 COVID-19 vaccination; discrimination in employment prohibited.

Chief patron: Chase


COVID-19 vaccination; discrimination in employment prohibited. Prohibits discrimination

in employment based on a person's vaccination status with respect to any COVID-19 vaccine.



01/27/21 Senate: Passed by indefinitely in General Laws and Technology (10-Y 4-N)


SB 1451 COVID-19 vaccine; access to state and local public property by persons who

choose not to receive.

Chief patron: Chase


Department of General Services; equal access to state and local public property by persons

who choose not to receive COVID-19 vaccine. Prohibits state agencies and localities from

denying the use of certain public facilities to any person based on such person's vaccination

status with respect to any COVID-19 vaccine.




01/27/21 Senate: Passed by indefinitely in General Laws and Technology (9-Y 5-N)
https://lis.virginia.gov/cgi-bin/legp604.exe?211+sum+SB1451

Documents

VPHA BILL REPORT...2021/01/29 · VPHA BILL REPORT January 29, 2021 PRIORITY HB 1913 Career fatigue and wellness in certain health care providers; programs to address, civil immunity