Bill Wrap Up: Staffing Ratios, LTSS Screening, and Employment Bills
Today marks the tenth day of the 60-day 2020 General Assembly session and the deadline by which legislators must introduce all bills. As of this afternoon, legislators had introduced 2,993 bills and resolutions, an increase of 42 percent over the 2,100 introduced during the same point of the session in 2019.
Highlights of bills tracked by VHCA-VCAL.
Nursing Facility Bills
LTSS Screening – HB 902 and SB 902 were introduced at VHCA-VCAL’s request to improve the Long Term Services and Supports (LTSS) Screening process. VHCA-VCAL has been involved in technical discussions with DMAS to address numerous issues raised by DMAS and other state agencies related to the introduced language. Stakeholders will be meeting next week to discuss proposed changes to the bills to try to achieve consensus. Please note that the bill language provided online does not reflect the most current discussions.
Staffing Ratios HB 737 and SB 397 would establish staffing ratios for nursing facilities by requiring a minimum number of direct care services for each resident. SB 397 would also establish additional requirements related to background checks and staff training. VHCA-VCAL has met with both bill patrons, Del. Vivian Watts (D-Annandale) and Sen. Jennifer Kiggans (R-Virginia Beach) to explain our opposition to the bills.
Assisted Living Bills
Assisted Living Individualized Service Plans (ISPs) – SB 686 would require the Board of Social Services to amend its regulations governing assisted living facility ISPs. The bill would direct when ISPs would need to be reviewed and updated and how deviations from the ISP are to be documented.
Regulations to allow audio-visual recording of ALF residents – SB 355 and SB 425 would direct the Board of Social Services to promulgate regulations by July 1, 2021, governing audio-visual recording of residents in ALFs, and requires DSS to convene a workgroup of stakeholders to make recommendations on such regulations by December 1, 2020.
Employment Bills
Legislators have also introduced legislation affecting labor and employment issues including:
VHCA-VCAL is closely monitoring these bills, many of which are opposed by broad coalitions of business and employment groups because of their negative impact and costs.
Other Bills
Certificate of Public Need (COPN) – As in many recent legislative sessions, legislators have introduced numerous bills to reform the COPN process. Most measures are related to services other than nursing facilities. We carefully reviewing each measure to ensure they do not have an unintended impact on nursing facility services.
Administration of Cannabidiol or THC-A – SB 185/Dunnavant is intended to allow nursing home and ALF staff members who are authorized to possess, distribute, or administer medications to residents to store, dispense, or administer cannabidiol oil or THC-A oil to a resident who has been issued a valid written certification for such medication. (VHCA-VCAL is still evaluating whether other state or federal regulations may need to be modified to achieve the bill’s intent.)
Mandate for EHR Digital Format – HB 1172 would mandate the use of a digital format for electronic health records so they are suitable for electronic access and use by the receiving entity. VHCA-VCAL wrote to the bill patron, Del. Charles Poindexter (R-Franklin) to express opposition to the bill because of the financial impact of customizing EHR systems to comply with the bill requirements.
Guardianship – Legislators have introduced a variety of bills related to guardianship and communication between close relatives and friends of incapacitated persons (HB 862) and reporting requirements for guardians (SB 352). VHCA-VCAL is still evaluating these bills to determine whether they would impact long term care providers.
We Need Your Help in Richmond
It is urgent that we have a strong member presence for the legislator visits during the Legislative Conference on February 4-5. Register now to attend!
Use the “Who’s My Legislator?” tool to find contact information to set up appointments with your delegate and senator. We recommend that you try to schedule your appointments in advance for a time between 10:00 – 11:30 am on February 4, 2020.
