Virginia 2022 Regular Session All Bills

VA

Virginia 2022 Regular Session

Virginia Senate Bill SB42

Introduced
12/28/21  
Refer
12/28/21  
Report Pass
1/17/22  
Engrossed
1/20/22  
Engrossed
1/21/22  
Health insurance wellness programs; COVID-19 vaccine. Provides that a wellness program provided by a health carrier is provided at the employer's discretion and may include a program that provides a reward or assesses a surcharge to encourage individuals to receive a vaccine for the prevention of COVID-19. Health insurance wellness programs; COVID-19 vaccine. Provides that a wellness program provided by a health carrier is provided at the employer's discretion and may include a program that provides a reward or assesses a surcharge to encourage individuals to receive a vaccine for the prevention of COVID-19.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB420

Introduced
1/11/22  
Get Skilled, Get a Job, Give Back (G3) Program; higher education centers. Adds educational programs at higher education centers that lead to an occupation in a high-demand field to the Get Skilled, Get a Job, Give Back Program (G3) Program. The bill defines higher education centers as the Southwest Virginia Higher Education Center, Southern Virginia Higher Education Center, New College Institute, Roanoke Higher Education Center, and Institute for Advanced Learning and Research. Under current law, the G3 Program only includes educational programs at associate-degree-granting public institutions of higher education that lead to occupations in a high-demand field.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB421

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/20/22  
Engrossed
1/24/22  
Refer
2/22/22  
Report Pass
3/7/22  
Enrolled
3/11/22  
Chaptered
4/11/22  
Libraries and education services; obsolete provisions. Revises and repeals obsolete provisions in Title 22.1 (Education) related to early childhood education and elementary and secondary education and Title 42.1 (Libraries) related to libraries and the Virginia Public Records Act. The bill also makes technical amendments. This bill is a recommendation of the Virginia Code Commission.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB422

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/24/22  
Engrossed
1/27/22  
Refer
2/21/22  
Report Pass
3/3/22  
Enrolled
3/10/22  
Health insurance; tobacco surcharge. Eliminates the authority of a health carrier to vary its premium rates based on tobacco use. Under current law, a health carrier may charge premium rates up to 1.5 times higher for a tobacco user than for a nonuser. This bill is a recommendation of the Joint Commission on Health Care, and the provisions of the bill shall apply to health benefit plans providing individual or small group health insurance coverage beginning on January 1, 2023.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB423

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/24/22  
Engrossed
1/27/22  
Refer
2/21/22  
Report Pass
2/21/22  
Enrolled
2/28/22  
Discretionary sentencing guidelines; midpoint for violent felony offenses. Clarifies the Virginia Criminal Sentencing Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data. The bill also requires the Commission to submit a report to the General Assembly, the Governor, and the Chief Justice of the Supreme Court of Virginia by October 1, 2022, documenting the impact on sentencing guideline midpoints for each offense if the Commission were to recommend changes to the midpoints based on analysis of historical sentencing data. The provisions of the first enactment of the bill clarifying the Commission's authority to recommend revisions to the discretionary sentencing guidelines based on historical sentencing data has a delayed effective date of January 1, 2023.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB424

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/24/22  
Engrossed
1/27/22  
Refer
2/21/22  
Report Pass
2/21/22  
Enrolled
2/28/22  
Chaptered
4/11/22  
Probation violation guidelines; use of sentencing revocation report and discretionary sentencing guidelines in revocation proceedings. Authorizes the Virginia Sentencing Commission to develop, maintain, and modify a system of statewide discretionary sentencing guidelines for use in hearings conducted in circuit courts in which the defendant is cited for violation of a condition or conditions of supervised probation imposed as a result of a felony conviction. The bill provides that a court would be presented with such guidelines when a defendant is cited for violating a condition or conditions of supervised probation imposed as a result of a felony conviction and such person is under the supervision of a state probation and parole officer.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB425

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/21/22  
Report Pass
2/2/22  
Engrossed
2/4/22  
Barrier crimes. Eliminates certain crimes from the definition of "barrier crime" and requires the State Board of Behavioral Health and Developmental Services, the Board of Education, the State Board of Health, and the State Board of Social Services to each adopt regulations that develop and implement a waiver process for individuals who have been convicted of a barrier crime and who serve in a position or seek to serve in a position with any qualified entity subject to the regulations of the board. The bill eliminates current exceptions and time limit mandates, as such information is required to be set out in each agency's waiver process. The bill sets out information to be included in the regulations of the individual boards. The bill also directs the Departments of Behavioral Health and Developmental Services, Education, Health, and Social Services to each publish information about the agency's waiver process in an easily accessible format on a website maintained by the department. The bill includes additional requirements for each waiver process, such as if an individual's application for a waiver is denied, the department must state the basis for denial in writing and provide such explanation to the individual. The bill provides that although a waiver granted to an individual by one department shall not be transferrable to a position under another department, proof of receipt of a waiver from one department shall be considered positively by another department when reviewing an application for a waiver. Additionally, each department is required to notify the Department of State Police when a waiver has been granted within 10 days of issuing the decision in writing to the person who was subject to the waiver. Barrier crimes. Eliminates certain crimes from the definition of "barrier crime" and requires the State Board of Behavioral Health and Developmental Services, the Board of Education, the State Board of Health, and the State Board of Social Services to each adopt regulations that develop and implement a waiver process for individuals who have been convicted of a barrier crime and who serve in a position or seek to serve in a position with any qualified entity subject to the regulations of the board. The bill eliminates current exceptions and time limit mandates, as such information is required to be set out in each agency's waiver process. The bill sets out information to be included in the regulations of the individual boards. The bill also directs the Departments of Behavioral Health and Developmental Services, Education, Health, and Social Services to each publish information about the agency's waiver process in an easily accessible format on a website maintained by the department. The bill includes additional requirements for each waiver process, such as if an individual's application for a waiver is denied, the department must state the basis for denial in writing and provide such explanation to the individual. The bill provides that although a waiver granted to an individual by one department shall not be transferrable to a position under another department, proof of receipt of a waiver from one department shall be considered positively by another department when reviewing an application for a waiver. Additionally, each department is required to notify the Department of State Police when a waiver has been granted within 10 days of issuing the decision in writing to the person who was subject to the waiver. In cases where a waiver has been granted, the bill also prohibits any business screening service from disseminating information regarding the barrier crime conviction that was the subject of such waiver unless it is clearly indicated that the waiver was granted, and the bill sets out a penalty for any business screening service that violates that prohibition. The bill prohibits any qualified entity from discharging or otherwise discriminating against a person for any reason concerning solely the barrier crime conviction that was the subject of a waiver that has been granted. The bill also exempts all documents relating to a waiver application from the Virginia Freedom of Information Act except for an application cover sheet and whether the waiver has been granted or denied or if the application is pending. Additionally, the bill eliminates the state-level barrier crimes requirements for foster and adoptive parents and provides that a child-placing agency shall not approve a foster or adoptive home if any individual has been convicted of crimes prohibited under federal law or is the subject of a founded complaint of abuse or neglect as maintained in registries pursuant to state and federal law. The bill has a delayed effective date of the earlier of (i) the first day of the fourth month following notification of the Chairmen of the Senate Committee on the Judiciary and the House Committee for Courts of Justice by the Superintendent of State Police that the Department of State Police has implemented the necessary system upgrades as required by this act or (ii) July 1, 2025; however, the provisions related to foster and adoptive parents become effective on July 1, 2022. The bill requires the Boards of Behavioral Health and Developmental Services, Education, Health, and Social Services to promulgate regulations by December 1, 2024, to implement the provision of the bill. The bill also requires the Secretaries of Education, Health and Human Resources, and Labor to provide recommendations on the development of a navigation system no later than July 1, 2024, for assisting applicants in navigating the waiver processes across each department. Individuals with barrier crime convictions serving in a position pursuant to a currently existing exception, waiver, or screening process that the bill eliminates shall continue to be subject to such exception, waiver, or screening process and shall not be terminated upon enactment of the bill or required to apply for a barrier crime conviction waiver so long as he continues to be employed by the same employer. The bill also permits the boards to have a phased implementation of the regulations not to exceed two years after the bill's enactment in order to prevent overwhelming department resources for receiving applications and to ensure that applications are answered in a timely manner. The bill also directs the Department of State Police to implement any necessary enhancements to the Criminal History and Rap Back Information System by the effective date of the first enactment of this act.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB426

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/20/22  
Report Pass
2/2/22  
Engrossed
2/4/22  
Refer
2/22/22  
Report Pass
2/24/22  
Refer
2/24/22  
Report Pass
3/2/22  
Engrossed
3/7/22  
Engrossed
3/8/22  
Enrolled
3/10/22  
Chaptered
4/8/22  
State plan for medical assistance services; remote patient monitoring. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to provide for the payment of medical assistance for (i) remote patient monitoring services provided via telemedicine for patients who have experienced a chronic or acute health condition who have had two or more hospitalizations or emergency department visits related to such health condition in the previous 12 months, when there is evidence that the use of remote patient monitoring is likely to prevent readmission to a hospital or emergency department, and (ii) provider-to-provider consultations that is no more restrictive than, and is at least equal in amount, duration, and scope to, that available through the fee-for-service program. State plan for medical assistance services; remote patient monitoring. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to provide for the payment of medical assistance for (i) remote patient monitoring services provided via telemedicine for patients who have experienced a chronic or acute health condition who have had two or more hospitalizations or emergency department visits related to such health condition in the previous 12 months, when there is evidence that the use of remote patient monitoring is likely to prevent readmission to a hospital or emergency department, and (ii) provider-to-provider consultations that is no more restrictive than, and is at least equal in amount, duration, and scope to, that available through the fee-for-service program.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB427

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
1/24/22  
Engrossed
1/27/22  
Refer
2/21/22  
Report Pass
2/22/22  
Engrossed
2/25/22  
Engrossed
3/1/22  
Enrolled
3/4/22  
Chaptered
4/11/22  
Health insurance; provider credentialing; receipt of application. Requires the protocols and procedures for the reimbursement of new provider applicants that are established by a carrier that credentials providers in its network to require that the carrier provide recognition or notification of receipt of such applicant's credentialing application (i) electronically if the carrier uses an online credentialing system for new provider applicants or (ii) by mail or electronic mail, as selected by the applicant, within 10 days of receiving the application if the carrier does not use an online credentialing system.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB428

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
2/7/22  
Engrossed
2/9/22  
Refer
2/21/22  
Report Pass
2/24/22  
Engrossed
3/1/22  
Engrossed
3/3/22  
Enrolled
3/8/22  
Chaptered
4/8/22  
Health insurance; carrier disclosure of certain information. Requires each health insurance carrier, beginning July 1, 2025, to establish and maintain an online process that (i) links directly to e-prescribing systems and electronic health record systems that utilize the National Council for Prescription Drug Programs SCRIPT standard; (ii) can accept electronic prior authorization requests from a provider; (iii) can approve electronic prior authorization requests for which no additional information is needed by the carrier to process the prior authorization request, no clinical review is required, and that meet the carrier's criteria for approval; and (iv) otherwise meets the requirements of the relevant Code of Virginia section. The bill prohibits a carrier from (a) imposing a charge or fee on a participating health care provider for accessing the required online process required or (b) accessing, absent provider consent, provider data via the online process other than for the enrollee. The bill requires participating health care providers, beginning July 1, 2025, to ensure that any e-prescribing system or electronic health record system owned by or contracted for the provider to maintain an enrollee's health record has the ability to access the electronic prior authorization process established by a carrier and real-time cost information data for a covered prescription drug made available by a carrier. The bill provides that a provider may request a waiver of compliance for undue hardship for a period not to exceed 12 months. The bill requires any carrier or its pharmacy benefits manager to provide real-time cost information data to enrollees and contracted providers for a covered prescription drug, including any cost-sharing requirement or prior authorization requirements, and to ensure that the data is accurate. The bill requires that such cost information data is available to the provider in a format that a provider can access and understand such as through the provider's e-prescribing system or electronic health record system for which the carrier or pharmacy benefits manager or its designated subcontractor has adopted that utilizes the National Council for Prescription Drug Programs SCRIPT standard from which the provider makes the request. Health insurance; carrier disclosure of certain information. Requires each health insurance carrier, beginning July 1, 2025, to establish and maintain an online process that (i) links directly to e-prescribing systems and electronic health record systems that utilize the National Council for Prescription Drug Programs SCRIPT standard; (ii) can accept electronic prior authorization requests from a provider; (iii) can approve electronic prior authorization requests for which no additional information is needed by the carrier to process the prior authorization request, no clinical review is required, and that meet the carrier's criteria for approval; and (iv) otherwise meets the requirements of the relevant Code of Virginia section. The bill prohibits a carrier from (a) imposing a charge or fee on a participating health care provider for accessing the required online process required or (b) accessing, absent provider consent, provider data via the online process other than for the enrollee. The bill requires participating health care providers, beginning July 1, 2025, to ensure that any e-prescribing system or electronic health record system owned by or contracted for the provider to maintain an enrollee's health record has the ability to access the electronic prior authorization process established by a carrier and real-time cost information data for a covered prescription drug made available by a carrier. The bill provides that a provider may request a waiver of compliance for undue hardship for a period not to exceed 12 months. The bill requires any carrier or its pharmacy benefits manager to provide real-time cost information data to enrollees and contracted providers for a covered prescription drug, including any cost-sharing requirement or prior authorization requirements, and to ensure that the data is accurate. The bill requires that such cost information data is available to the provider in a format that a provider can access and understand such as through the provider's e-prescribing system or electronic health record system for which the carrier or pharmacy benefits manager or its designated subcontractor has adopted that utilizes the National Council for Prescription Drug Programs SCRIPT standard from which the provider makes the request. The bill requires the State Corporation Commission's Bureau of Insurance (the Bureau) to, in coordination with the Secretary of Health and Human Resources, establish a work group to evaluate and make recommendations to modify the process for prior authorization for drug benefits in order to maximize efficiency and minimize delays that include a single standardized process and any recommendations for necessary statutory or regulatory changes. The bill requires the work group to include relevant stakeholders, including representatives from the Virginia Association of Health Plans, the Medical Society of Virginia, the National Council for Prescription Drug Programs, the Virginia Pharmacists Association, and the Virginia Hospital and Healthcare Association, and other parties with an interest in the underlying technology. The bill requires the work group to report its findings and recommendations to the Chairmen of the Senate Committee on Commerce and Labor and the House Committee on Commerce and Energy by November 1, 2022. The provisions of the bill other than the requirement for the Bureau to establish the work group will not become effective unless reenacted by the 2023 Session of the General Assembly.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB429

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
2/3/22  
Report Pass
2/8/22  
Engrossed
2/10/22  
Department of Behavioral Health and Developmental Services; Department of State Police; mobile applications; mental health and public safety. Requires the Department of Behavioral Health and Developmental Services (DBHDS) to develop or obtain a mental health mobile application for suicide prevention and the provision of educational materials related to suicide prevention. The bill requires the mobile application to provide a means to directly connect to the 988 Suicide Prevention Lifeline. The bill directs the Secretary of Health and Human Resources and the Secretary of Education to promote, market, and advertise the use of such application using existing resources. The bill also requires the Department of State Police to (i) develop or obtain a public safety mobile application to enable individuals in the Commonwealth to furnish confidential tips to the Department of State Police through text, audio, images, or video concerning a suspected, anticipated, or completed criminal violation or a school-related safety concern and (ii) develop a referral system to ensure that such confidential tips are referred to the chief law-enforcement officer of the relevant jurisdiction for proper coordination of response and investigation. The bill directs the Secretary of Public Safety and Homeland Security to promote, market, and advertise the use of such application using existing resources. The provisions of the bill related to an application developed by DBHDS have a delayed effective date of July 1, 2023. The provisions of the bill are contingent on funding in a general appropriation act. Department of Behavioral Health and Developmental Services; Department of State Police; mobile applications; mental health and public safety. Requires the Department of Behavioral Health and Developmental Services (DBHDS) to develop or obtain a mental health mobile application for suicide prevention and the provision of educational materials related to suicide prevention. The bill requires the mobile application to provide a means to directly connect to the 988 Suicide Prevention Lifeline. The bill directs the Secretary of Health and Human Resources and the Secretary of Education to promote, market, and advertise the use of such application using existing resources. The bill also requires the Department of State Police to (i) develop or obtain a public safety mobile application to enable individuals in the Commonwealth to furnish confidential tips to the Department of State Police through text, audio, images, or video concerning a suspected, anticipated, or completed criminal violation or a school-related safety concern and (ii) develop a referral system to ensure that such confidential tips are referred to the chief law-enforcement officer of the relevant jurisdiction for proper coordination of response and investigation. The bill directs the Secretary of Public Safety and Homeland Security to promote, market, and advertise the use of such application using existing resources. The provisions of the bill related to an application developed by DBHDS have a delayed effective date of July 1, 2023. The provisions of the bill are contingent on funding in a general appropriation act.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB43

Introduced
12/28/21  
Virginia Residential Landlord and Tenant Act; county and city enforcement. Provides that any county or city may bring an action to enforce the provisions of the Virginia Residential Landlord and Tenant Act related to health and safety, provided that (i) the property where the violations occurred is within the jurisdictional boundaries of the county or city; (ii) the county or city has notified the landlord who owns the property directly or through the managing agent of the nature of the violations and the landlord has not remedied the violations within a reasonable time after receiving such notice to the satisfaction of the county or city; and (iii) such enforcement action may include seeking an injunction, damages, or both.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB430

Introduced
1/11/22  
Refer
1/11/22  
Department of Education; assessing individual student growth. Requires the Department of Education to create or request proposals for a system for value-added modeling to assess growth of students in public schools. The bill requires each school board in the Commonwealth to, upon the creation of such system, implement the system and make reports made by the system available to parents or guardians for their child's report and the Department.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB431

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
2/3/22  
Engrossed
2/7/22  
Refer
2/23/22  
Report Pass
3/7/22  
Engrossed
3/9/22  
Engrossed
3/10/22  
Enrolled
3/21/22  
Chaptered
4/11/22  
Department of Education; COVID-19; guidelines; alternative to quarantine. Requires the Department of Education, in collaboration with the Department of Health, to (i) recommend options for isolation and quarantine for students and employees at public schools who contract or are exposed to COVID-19 and (ii) develop guidelines for such schools and recommend such guidelines for use as an alternative to quarantine. The bill requires such guidelines to be immediately distributed to local school boards and reflect the most updated recommendations to limit the amount of time out of the classroom, including options for no quarantine, as recommended for asymptomatic individuals. Department of Education; COVID-19; guidelines; alternative to quarantine. Requires the Department of Education, in collaboration with the Department of Health, to (i) recommend options for isolation and quarantine for students and employees at public schools who contract or are exposed to COVID-19 and (ii) develop guidelines for such schools and recommend such guidelines for use as an alternative to quarantine. The bill requires such guidelines to be immediately distributed to local school boards and reflect the most updated recommendations to limit the amount of time out of the classroom, including options for no quarantine, as recommended for asymptomatic individuals.
VA

Virginia 2022 Regular Session

Virginia Senate Bill SB432

Introduced
1/11/22  
Refer
1/11/22  
Report Pass
2/10/22  
Engrossed
2/14/22  
Refer
2/18/22  
Report Pass
2/23/22  
Enrolled
3/2/22  
Chaptered
4/7/22  
Sales tax; taxable accommodations. Provides that, for purposes of the retail sales and use tax on accommodations, the term "accommodations" does not include rooms or space offered by a person in the business of providing conference rooms, meeting space, or event space if the person does not also offer rooms available for overnight sleeping. The substantive provisions of the bill are given retroactive effect to September 1, 2021, but no taxpayer shall be entitled to a refund for any taxes remitted prior to July 1, 2022. Sales tax; taxable accommodations. Provides that, for purposes of the retail sales and use tax on accommodations, the term "accommodations" does not include rooms or space offered by a person in the business of providing conference rooms, meeting space, or event space if the person does not also offer rooms available for overnight sleeping. The substantive provisions of the bill are given retroactive effect to September 1, 2021, but no taxpayer shall be entitled to a refund for any taxes remitted prior to July 1, 2022.

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