The General Assembly hits “crossover” on Tuesday, February 5. That’s the deadline by which the House and Senate must act on bills that originated in their respective chambers. In preparation of crossover, committees completed their dockets this week. Of note, the House Health, Welfare and Institutions (HWI) Committee favorably reported our Truth in Advertising legislation.

This weekend the House Appropriations and Senate Finance Committees will present their budget proposals, which will then be taken up by the full House and Senate mid-week.  

Highlights of Bills Tracked by VHCA-VCAL

Truth in Advertising Bill Passes Senate; House Version Advances to Floor

SB 1217 received unanimous support in the Senate earlier this week. The House version, HB 2219, received a favorable bi-partisan vote in the HWI Committee of 17-5. Some delegates who voted against the bill cited concerns about restricting free speech. The bill will now advance to a floor vote.

In speaking in support of the bill, Del. Chris Head (R-Roanoke) explained to Committee members that in the process of completing a survey, inspectors use very specific language that is prescribed to them. He added, “that verbiage that is used can look a lot more egregious than it is.” Committee Chairman and bill patron Del. Bobby Orrock (R-Caroline) also pointed out that information about the surveys is publicly available and provided in the centers. He emphasized that the documentation also includes the plan of correction. Click here to watch a recording the committee hearing; discussion of HB 2219 begins at the 10:06 mark.

Assisted Living Generator Disclosure Notice Heads to Senate

HB 1815 passed the House of Delegates unanimously. This is the measure that will require assisted living facilities (ALFs) to disclose in writing whether the facility has an on-site emergency electrical power source for the provision of electricity during an interruption of the normal electric power supply. This bill reflects the recommendation of Virginia’s Joint Commission on Health Care, which studied this issue in 2018. It will next be considered by the Senate Rehabilitation.

ALF Generator Testing Bill Advances

Following adoption of VHCA-VCAL backed substitute language last week, SB 1077 passed Senate unanimously. This bill will direct the Department of Social Services (DSS) to issue regulations that would require:

• ALFs with on-site emergency generators must include a description of its capacity as outlined in the emergency response plan.
• ALFs that maintain a connection for mobile generators must have agreements with vendors to provide emergency generators as well as backup agreements should the initial vendors be unable to fulfill their supply agreements during an emergency.
• ALFs must test the connection for any on-site generators at installation and then every two years; and
• ALFs must conduct monthly testing of all on-site generators and maintain records of such testing.

Emergency Evacuation of Nursing Homes Bills Receive Support in Both Chambers

The House of Delegates and the Virginia Senate have both passed companion versions of the bill to help nursing homes comply with the federal emergency preparedness regulations by allowing them to add temporary beds under the Long Term Care Mutual Aid Plan (LTC-MAP). HB 1870 passed the House with a 99-0 vote; SB 1277 was reported by the Senate Education and Health Committee 15-0 and heads to the Senate floor for a vote. The HWI Committee tabled the identical measure HB 2451; Del. Dickie Bell (R-Staunton) is now the chief co-patron of HB 1870 along with Del. Sickles (D-Fairfax).

COPN Bills Left in Committee

All COPN bills that would be of concern to nursing facilities have been defeated or left in committee. The HWI Committee opted to leave a series of certificate of public need (COPN) repeal and reform bills in the Committee this week. That action essentially kills the measures for the session as Committee must act on bills that originated in their chamber prior to crossover on February 5. The Senate Education and Health Committee voted 12-2-1 to pass by indefinitely SB 1361, which would have repealed COPN.