Earlier this week the Senate of Virginia unanimously passed HB 1446, VHCA-VCAL’s nursing facility staffing bill. The measure now heads to Gov. Glenn Youngkin for his approval.

• VHCA-VCAL is very appreciative of the efforts of bill patron Del. Bobby Orrock (R-Caroline) to carry this legislation. The companion Senate bill, SB 1339, patroned by Sen. George Barker (D-Fairfax) is awaiting a floor vote by the House of Delegates.
• VHCA-VCAL’s other priority bills, the LTSS Screening fix (HB 1681 and SB 1457) have been unanimously approved at the committee level and await floor votes by the opposite chamber of origin. The bills are in identical posture and no opposition is expected.

VHCA-VCAL communicated with the budget negotiators this week to express support for funding for the Value-Based Purchasing Program, Medicaid reforms, and an increase in the Auxiliary Grant rate.

Nursing Facility Bills

Patient visitation from clergy members during declared public health emergency – The Senate Education and Health Committee voted 9-6 on HB 1689 to “pass by indefinitely.” This motion effectively defeats the bill for the session.

• • VHCA-VCAL opposed the bill based on the potential conflicts it would establish with CMS and CDC guidance.
  • The same committee took similar action on a similar bill, SB 925 earlier in the session.

Assisted Living Facility Bills

Minimum liability insurance – The House Health, Welfare and Institutions (HWI) Committee approved an amended version of SB 1221.

• • The bill would require the Board of Social Services to adopt regulations requiring each ALF to maintain a minimum amount of liability insurance, as determined by the Board, and provide notice of such insurance, upon request, to any resident or prospective resident. (Under current law, ALFs must provide a statement disclosing whether the facility maintains liability insurance but can only state that it does if it meets a minimum amount of coverage established by the Board.)
  • The HWI Committee struck language in the bill that had been approved by the Senate stating that no ALF shall be immune from civil liability on the grounds that it is a charitable institution for damages equal to or less than the greater of (i) the limits of the liability insurance coverage maintained by the assisted living facility or (ii) the minimum amount of liability insurance coverage that the ALF is required to maintain by regulation. After amending the bill, the committee approved the measure on a 21-0 vote.
  • The bill is awaiting vote on the floor of the House of Delegates this week. If the bill passes the House in its current form, Senate would have to agree to the House amendment or insist on a conference committee to resolve the differences between the two versions of the bill.

Workgroup to study regulation of temporary staffing agencies –  The HWI Committee voted 12-10 to table SB 1458.

• • The bill had been amended since it was introduced to establish a workgroup led by the Secretary of Labor, in collaboration with the Department of Health Professions, to study the use of and potential to regulate temporary staffing agencies providing temporary health care staff in ALFs, adult day care centers, nursing homes, and hospices.

Regulations for ALFs with fewer than 25 residents – SB 1407 would have required DSS to amend the Standards for Licensed Assisted Living Facilities for facilities with fewer than 25 residents to meet adjusted requirements for staff training, administrator licensure, and the minimum age for staff employment.

• • During a committee hearing on February 3, VHCA-VCAL spoke in opposition to the bill in favor of maintaining the current DSS regulatory framework for ALFs to ensure the safety of all residents.
  • The Senate Rules Committee voted 15-1 to “pass by indefinitely”, which effectively ends consideration of the legislation this session.