One week into the 2022 General Assembly session, VHCA-VCAL is closely monitoring numerous bills affecting nursing facilities assisted living facilities (ALFs). To-date, 2,145 bills have been filed. Legislators have until January 21 at 5:00 pm to file legislation.

VHCA-VCAL has been concentrating its efforts on meeting with legislators to express our opposition to the staffing mandate bills. Other key bills VHCA-VCAL is tracking address involuntary discharge planning at ALFs, and a bill to remove COVID-19 liability protections. Legislators have also introduced various workforce and employment-related bills.

Highlights of bills tracked by VHCA-VCAL.

VHCA-VCAL is still assessing the impact of bills and meeting with bill patrons and key committee members that will consider the proposals. We will provide additional details on these measures as the session continues.

Nursing Facility Bills

Staffing Mandates – VHCA-VCAL is meeting with all of the members of the House Health, Welfare, and Institutions (HWI) Committee and the Senate Education and Health Committee to express our opposition to the staffing mandate bills, HB 330, HB 646, and SB 406 due to the serve workforce shortage. These bills have not yet been placed on an agenda for consideration.

Electronic Monitoring – VHCA-VCAL reached out to Del. Chris Head (R-Roanoke) to inform him that the provisions of HB 97 were already included in the regulations for the use of electronic monitoring in nursing facilities. With this information, he moved to have his bill stricken from the docket in the HWI Committee, ending its consideration for the year.

COPN Charity Care Provisions – Del. Mark Sickles (D-Fairfax) struck his bill, HB 861, to codify the budget language VHCA-VCAL worked to secure in the 2021 special session to exempt nursing facilities from the charity care provisions required in the certificate of public need statute (COPN). In lieu of the bill, budget language has been introduced to the same effect. Sen. George Barker introduced a similar measure, SB 336, at VHCA-VCAL’s request.

Assisted Living Bills

ALF Involuntary Discharge – HB 690 and SB 40 would add requirements around the involuntary discharge process including a description of the reasons for which a resident may be involuntarily discharged, certain notice requirements, a requirement that the facility make reasonable efforts to resolve any issues upon which the discharge is based, and the provision of information regarding the resident’s right to appeal the facility’s decision to discharge the resident.

COVID-19 Liability Protections – HB 569 would repeal the liability protections for assisted living facilities and other providers established in the 2020 General Assembly special session during Virginia’s COVID-19 state of emergency. VHCA-VCAL was part of a large coalition that requested that these liability protections be extended as the governor did not have the executive authority to do so. The liability protections are specific to the coronavirus pandemic and do not provide immunity for gross negligence or willful misconduct. VHCA-VCAL opposes HB 569.

SHHR to Study of Consolidating Oversight/Regulation – HB 234 would direct the Secretary of Health and Human Resources to study consolidating oversight and regulation of nursing homes, assisted living facilities, and other congregate living settings under a single state agency. 

Workforce and Employment Bills 

Legislators have also introduced legislation affecting labor and employment issues including:

• paid family and medical leave;
• barrier crimes and background checks;
• out-of-state licensure;
• overtime wages;
• vaccine requirements; and
• removing future minimum wage rate increases (the Senate Commerce and Labor Committee has already defeated this proposal).