This week at the General Assembly session, committees were busy hearing legislation as the bill filing deadline passed last week.

• VHCA-VCAL’s priority bills on nursing facility staffing and LTSS Screening have all advanced in a favorable posture.

Highlights of bills tracked by VHCA-VCAL.

Nursing Facility Bills

Nursing facility minimum staffing standards: HB 1446 was reported on a 22-0 vote by the House Appropriations Committee and will be headed for a floor vote in the House of Delegates early next week.

• • • SB 1339, the companion Senate bill introduced by Sen. George Barker (D-Fairfax) will be heard by the health subcommittee of the Senate Education and Health Committee on January 30.

LTSS Screening – SB 1457, the VHCA-VCAL backed fix to address a discrete issue in the LTSS Screening process that results in denial of access to Medicaid coverage for certain individuals, was reported and referred to the Senate Finance and Appropriations Committee on a 15-0 vote.

• • • This legislation addresses those instances when screenings by the hospital screening teams did not occur or information is withheld by a patient or their responsible party, which subsequently lead to a nursing home admitting a patient without a needed LTSS Screening prior to admission.
    • The House companion bill, HB 1681, is awaiting a hearing in the House Health, Welfare and Institutions (HWI) Committee.

Patient visitation from clergy members during declared public health emergency – HB 1689 is awaiting a hearing by subcommittee #3 of the HWI Committee. VHCA-VCAL opposes the bill based on the potential conflicts it would establish with CMS and CDC guidance.

• • • Remember: The Senate version, SB 925 was passed by indefinitely in the Senate Education and Health Committee last week.

In-person visitation – Legislation that would require nursing facilities, ALFs, and other health care providers to establish certain in-person visitation policies and procedures.

• • • SB 1297 will be heard by the Senate Rehabilitation and Social Services Committee on January 27.
    • HB 2160 is awaiting a hearing by subcommittee #3 of the HWI Committee.
    • VHCA-VCAL has serious concerns about these bills for their potential to set up conflicting requirements per federal guidance on visitation.

Assisted Living Facility Bills

Minimum liability insurance – SB 1221 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 of $500,000 established by the Board.
    • VHCA-VCAL has been in conversations with the bill patron, Sen. Mark Obenshain (R-Harrisonburg) about the best approach to establishing minimum coverage requirements.
    • The bill is still pending a hearing before the Senate Rehabilitation and Social Services Committee.

Use of supplemental nursing services agencies in assisted living – As introduced SB 1458 would direct the Department of Health Professions (DHP) to review and adopt regulations regulating the use of supplemental nursing services, defined in the bill, in ALFs.

• • • VHCA-VCAL is working with other affected stakeholders and the bill patron, Sen. Adam Ebbin (D-Arlington) to modify the bill to turn it into a study resolution directing the state to take a broader look at staffing agencies and their impact on providers.

Regulations for ALFs with fewer than 25 residents – SB 1407 would require 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.

• • • VHCA-VCAL opposes the bill in favor of maintaining the current DSS regulatory framework for assisted living facilities.
    • The bill is pending a hearing before the Senate Rules Committee.