Legislators continue to introduce bills for consideration in the 2020 special session. Topics affecting long term care provider include visitation, prioritization for testing, immunity protections for assisted living providers, outbreak reporting, and, paid quarantine leave.

The association is closely tracking the following:

• Nursing Facility Visitation and Electronic Monitoring: As introduced SB 5042/Kiggans would have mandated nursing facilities provide weekly virtual or in-person visits for residents; HB 5041/Head would have duplicated existing regulatory requirements allowing electronic monitoring of residents. VHCA-VCAL has worked with both bill patrons, Sen. Jen Kiggans (R-Virginia Beach) and Del. Chris Head (R-Roanoke) to develop substitute bill language specifying that during the COVID-19 public health emergency nursing facilities shall develop a protocol to allow each patient to receive visits consistent with CMS and CDC guidelines. Both versions are awaiting floor action. HB 5121/Byron is identical to SB 5042 as introduced; we are working with the bill patron to explain our support of substitute language. HB 5140/Robinson would require nursing facilities, assisted living facilities, and other providers to allow visits when the patient has been diagnosed with a terminal condition or illness and death is expected to be imminent; VHCA-VCAL is reviewing the bill to see how it aligns with CMS and VDH guidance.

• Priority Testing for Nursing Homes: SB 5109/Chafin would provide that the Commissioner of Health ensure that nursing home residents and staff receive first priority for any COVID-19 testing. VHCA-VCAL supports the bill, which was approved in a 14-0 committee vote and awaits floor action.

• Assisted Living Liability (ALFs) Protections for COVID-19: HB 5059/Willett and SB 5082/Marsden would establish liability protections for ALFs, hospice, home care, adult day, and private providers related to COVID-19. VHCA-VCAL supports these two bills. Both have received unanimous votes in committee and are headed for floor votes.

• Outbreak Reporting: HB 5048/Sickles, which would require VDH to make information about outbreaks of communicable diseases of public health threat at any medical care facility and other entities currently required to report an outbreak of a communicable disease to the department available to the public on a website. VHCA-VCAL support this bill, which was unanimously reported by the Health, Welfare, and Institutions Committee and awaits a floor vote.

• Paid Quarantine Leave: The House Labor and Commerce Committee voted 13-9 in favor of HB 5116/Guzman and referred it to the House Appropriations Committee because of its fiscal impact. The bill requires public and private employers to provide eligible employees paid quarantine leave. VHCA-VCAL opposes the bill.