While there is continued uncertainty about how long the special session will last, the General Assembly continues to advance bills affecting long term care providers. Numerous bills have passed their chamber of origin and are headed to the other body for deliberation.

The association is closely tracking the following:

• Nursing Facility Visitation and Electronic Monitoring: SB 5042/Kiggans, which was amended with input from VHCA-VCAL, has passed the Senate. In its current form, each nursing facility will be required to establish a protocol to allow each resident to receive visits, consistent with CDC, CMS, and VDH guidance at least once every 10 days. Substitute language has been approved by the House of Delegates for HB 5041/Head aligning it with SB 5042. VHCA-VCAL is grateful to the patrons for considering input from the association on the measures. HB 5121/Byron, which is identical to SB 5042 as introduced, has not been considered in committee. Similarly, HB 5140/Robinson, which 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, has not been heard in committee. HB 5144/Fariss would require nursing facilities to require them to adopt protocols to ensure that 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 visit is made; the bill is pending referral to committee.

• 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 still 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. HB 5059 was reported from committee 20-1; SB 5082 was supported unanimously. Both are waiting their floor votes in their respective chambers.

• Outbreak Reporting: HB 5048/Sickles 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. It has passed House and has been referred to the Senate Education and Health Committee for consideration. VHCA-VCAL support this bill.