Legislators kicked off the 2020 General Assembly special session on August 18 in Richmond. With a mix of in-person and virtual meetings, legislators will be assessing state funding priorities and considering legislation on a variety of topics, including numerous bills related to long term care. VHCA-VCAL is advocating for items related to the $20 Medicaid add-on for nursing facilities, Medicaid rebasing, and the allocation of state CARES Act funds. 

VHCA-VCAL’s Medicaid-related priorities are aimed at addressing the historical underfunding of nursing facility care. The priorities include advocating for the:

1. Re-allotment of the Medicaid nursing facility rebasing mitigation passed in the 2020 Regular Session.
2. Extension of the $20 per day add-on to Medicaid through June 30, 2021 or three full months after the COVID-19 emergency is lifted, whichever is later.
3. Modification of the distribution rules to the state’s allocation of CARES Act funds to NFs and ALFs.

Bill Tracking

VHCA-VCAL is monitoring legislation as bills are introduced. The association is closely tracking the following:

• Nursing Facility Visitation: SB 5042/Kiggans would mandate nursing facilities provide weekly virtual or in-person visits for residents. VHCA-VCAL opposes the measure as it would establish a conflict among CMS, CDC, and VDH requirements related to visitation during a public health emergency. VHCA-VCAL is communicating with all members of the Virginia Senate to share these concerns about the bill.
• Electronic Monitoring: HB 5041/Head would require the allowance of electronic monitoring of a patient or resident’s room at nursing facilities and assisted living facilities. VHCA-VCAL is working with the bill patron to explain that the Virginia Board of Health and the Virginia Board of Social Services have already issued regulations addressing electronic monitoring.
• 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. Other legislators have introduced similar measures including HB 5037, HB 5040, HB 5074, SB 5023, SB 5067, SB 5098, and SB 5099, which VHCA-VCAL is monitoring.
• 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.
• Outbreak Reporting: HB 5048, SB 5064, SB 5081, and SB 5095 have been introduced related to COVID-19 outbreak reporting. VHCA-VCAL is monitoring the bills.
• Paid Sick Leave: The Senate Commerce and Labor Committee voted 12-3 to pass by indefinitely SB 5076/Favola, which would have required employers to provide paid sick time to employees.