Budget negotiators are close to finalizing their work on the budget package for consideration by the House and Senate later this weekend. We will share additional information as more details become available. To-date, VHCA-VCAL is extremely grateful for the on-going and substantive support the General Assembly has shown to nursing facilities to respond to COVID-19.

We will have additional information on the budget as more details become available. Following the House and Senate consideration of the budget, it advances to Gov. Ralph Northam for his action.

VHCA-VCAL members sent over 3,400 grassroots messages asking for continued Medicaid funding. Thank you for your support of our advocacy efforts!

Highlights of Bills Tracked by VHCA-VCAL

As the 2021 session nears its end, here are highlights of key bills VHCA-VCAL has been tracking:

Nursing facility staffing: The Health Professions subcommittee of the Senate Education and Health Committee held a hearing on SB 1149, a nursing facility direct care mandate bill, on February 2. After hearing testimony from the bill’s proponents, subcommittee members discussed the need to invest in nursing facility staffing and the Medicaid program. Senators expressed a clear understanding of the nexus between staffing and reimbursement rates. The subcommittee voted unanimously to recommend that the bill go to the Joint Commission on Health Care for further study in accordance with the commission’s current study. The House Health, Welfare and Institutions Committee passed and referred HB 2156, a staffing ratio bill, to the Health and Human Resources subcommittee of the House Appropriations Committee. That subcommittee voted 4-2 to table HB 2156 because the JCHC study is in process.

Visitation by clergy: SB 1356 would require that regulations governing nursing facilities, assisted living facilities, and other health care providers include requirements for these providers to have policies allowing patients or residents to receive visits from clergy upon request during a declared public health emergency. Any such visitors must satisfy any reasonably necessary requirements to comply with any applicable federal or state guidance, or to protect the health and safety of the person, patients, and staff. The bill has passed both the House and Senate.

Patient access to intelligent devices: HB 2154 directs the Board of Health to develop regulations requiring nursing facilities and other providers to establish and implement policies to ensure the permissible access to and use of an intelligent personal assistant (e.g., Alexa device) provided by the patient while the patient receives inpatient services. 

Providers cooperating with attorneys:  SB 1446 which would have required health care providers to provide litigation assistance to treated patients and their attorneys was sent to the full Senate for a vote on an 8-6 recommendation of the Senate Judiciary Committee. The full Senate voted to recommit the bill to the Judiciary Committee, where it died because the full Senate did not act on the measure prior to the crossover deadline. VHCA-VCAL and other health care groups opposed the bill. 

Workers’ Compensation: The House Appropriations Committee’s Compensation and General Government subcommittee tabled HB 2228 , which would have classified repetitive motion injuries as an injury compensable under workers’ compensation. HB 1985, which would establish a presumption that COVID-19 causing the death or disability of a health care provider who was directly involved in diagnosing or treating a COVID-19 suspected or positive patient is an occupational disease compensable under the Workers’ Compensation Act, is still in a conference committee as a group of delegates and senators work to reach agreement on the bill’s provisions. At issue are the effective dates of the presumption.

Processing and dispensing of medical cannabis: VHCA-VCAL worked with Del. Dawn Adams, the patron of HB 1988, to have nursing facilities excluded from the bill which among numerous provisions, would permit the acceptance of cannabis products by “designated caregiver facilities.” Of note, assisted living facilities are include in the definition of “designated caregiver facilities”. VHCA-VCAL will closely follow the development of regulations to implement the bill.   

Medical malpractice cap: The Senate Judiciary Committee voted 12-2 to “pass by indefinitely” SB 1107, which would have eliminate the cap on the recovery in actions against medical providers for medical malpractice. VHCA-VCAL and numerous other health care groups opposed the bill.

Nurse Loan Repayment Program: VHCA-VCAL supported SB 1147 to expand eligibility of the Nurse Loan Repayment Program to include certified nurse aides who meet certain criteria determined by the Board of Health. (Under current law only RNs and LPNs are eligible for the program.) VHCA-VCAL supported the measure, which passed the House and Senate unanimously and is awaiting action by the governor.

Paid sick leave: HB 2137 would require employers to provide certain employees with paid sick leave. As introduced, the bill would have applied to certain essential workers, including non-clinical staff in long term care facilities. The Senate amended the bill to make it applicable only to home health workers caring for Medicaid beneficiaries. 

Hazard pay for essential workers:  The House Appropriations Committee “passed by indefinitely” HB 2015 to require employers to compensate essential workers at a rate not less than one and one-half times the essential workers regular rate during a state of emergency that included a stay-at-home or shelter-in-place order. VHCA-VCAL opposed the bill.