Friday marks crossover the deadline by which the House and Senate had to act on bills that originated in their respective chambers. On Sunday, the House Appropriations and Senate Finance Committees will release their respective budgets. Although the General Assembly was scheduled to adjourn on February 11, Gov. Ralph Northam called for a special session to begin February 10 so legislators can complete their budget work and action on any unfinished bills.

Highlights of Bills Tracked by VHCA-VCAL

Staffing ratios: The Health Professions subcommittee of the Senate Education and Health Committee held a hearing on SB 1149 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.

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 comply with all reasonable requirements of the facility to protect the safety and health of the residents, patients, or staff. VHCA-VCAL worked with bill patron Sen. Jennifer Kiggans to ensure the language was consistent with visitation language passed during the 2020 special session. The bill has unanimously passed the Senate.

Medical malpractice cap: SB 1107, which would eliminate the medical malpractice cap on the recovery in actions against medical providers, was “passed by indefinitely” by the Senate Judiciary Committee. VHCA-VCAL 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, passed the House. The bill has been referred to the Senate Commerce and Labor Committee.

Providers Cooperating with Attorneys:  SB 1446, which would require health care providers to provide litigation assistance to treated patients and their attorneys, has been reported by the Senate Judiciary Committee on an 8-6-1 vote and is awaiting consideration by the full Senate.

Use of intelligent devices:  HB 2154 would direct the Board of Health to develop regulations for nursing facilities and hospitals to require each to develop HIPAA-compliant policies to allow a patient to use an intelligent personal assistance (e.g., Alexa) provided by the patient while receiving inpatient services. The bill passed the House of Delegates unanimously and is awaiting a hearing by the Senate Rehabilitation and Social Services Committee.