APS



Contents TOC \o "1-3" \h \z \u APS PAGEREF _Toc50537673 \h 2COVID Immunity, Quarantine, and Workers’ Compensation PAGEREF _Toc50537674 \h 2Geriatric Release PAGEREF _Toc50537675 \h 8Long-Term Care PAGEREF _Toc50537676 \h 10Medicaid PAGEREF _Toc50537677 \h 13Public Health PAGEREF _Toc50537678 \h 14APSBill Patron SummaryStatus HB 5042 Adult protective services; central registry.Christopher T. HeadAdult protective services; central registry. Creates a central registry of substantiated complaints of adult abuse, neglect, and exploitation to be maintained by the Department for Aging and Rehabilitative Services. The bill establishes (i) investigation requirements for local departments of social services related to reports of adult abuse, neglect, and exploitation; (ii) record retention and disclosure requirements for the Department for Aging and Rehabilitative Services and local departments of social services; (iii) notice requirements related to findings by local departments and central registry entries; and (iv) an appeals process to contest the findings of a local department related to substantiated reports of adult abuse, neglect, or exploitation.Referred to Health, Welfare, and Institutions (HWI) COVID Immunity, Quarantine, and Workers’ Compensation Bill Patron SummaryStatusHB 5019 COVID-19 virus; immunity from civil claims related to the transmission of or exposure to the virus.Chris S. RunionImmunity from civil claims related to the transmission of or exposure to the COVID-19 virus and uses of personal protective equipment; emergency. Provides immunity to persons, as defined in the bill, from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus. The bill further provides immunity to persons who design, manufacture, label, or distribute any personal protective equipment in response to the COVID-19 virus from any civil cause of action arising out of the use of such equipment. The bill contains an emergency clause, and the immunities provided by such bill expire two years after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic.Incorporated by Courts of Justice into HB5074 by voice voteHB 5028 Workers' compensation; presumption of compensability for COVID-19.Jerrauld C. "Jay" JonesWorkers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, health care providers, and school board employees is an occupational diseases compensable under the Workers' Compensation Act. The provisions of the bill will be effective retroactive to January 1, 2020.Passed House (61-37)HB 5037 Immunity from civil claims related to the transmission of or exposure to the COVID-19 virus.Jason S. MiyaresImmunity from civil claims related to the transmission of or exposure to the COVID-19 virus and uses of personal protective equipment; emergency. Provides immunity to persons, as defined in the bill, from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus, provided such person has complied with applicable federal, state, and local policies, procedures, and guidance regarding COVID-19. The bill further provides immunity to persons who design, manufacture, label, or distribute any personal protective equipment in response to the COVID-19 virus from any civil cause of action arising out of the use of such equipment. The bill contains an emergency clause, and the immunities provided by such bill expire two years after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic.Incorporated by Courts of Justice into HB5074 by voice voteHB 5040 Immunity from civil claims related to transmission of or exposure to the COVID-19 virus; emergency.Israel D. O'QuinnImmunity from civil claims related to the transmission of or exposure to the COVID-19 virus; emergency. Provides immunity to persons, as defined in the bill, from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus. The bill contains an emergency clause and expires on July 1, 2022.Incorporated by Courts of Justice into HB5074 by voice voteHB 5059 Certain hospices, home care organizations, private providers, assisted living facilities.Rodney T. WillettCertain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency. Provides that a licensed hospice, home care organization, private provider, assisted living facility, or adult day care center that delivers care to or withholds care from a patient, resident, or person receiving services who is diagnosed as being or is believed to be infected with the COVID-19 virus shall not be liable for any injury or wrongful death of such patient, resident, or person receiving services arising from the delivery or withholding of care when the emergency and subsequent conditions caused by the emergency result in a lack of resources, attributable to the disaster, that render such hospice, home care organization, private provider, assisted living facility, or adult day care center unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency and that resulted in the injury or wrongful death at issue. The bill contains an emergency clause.Passed House (85-13) HB 5073 Declaration of disaster; health care providers; immunity.Christopher T. HeadDeclaration of disaster; health care providers; immunity. Provides that, in cases in which a disaster caused by a communicable disease of public health threat has been declared and in the absence of gross negligence, a health care provider who withholds the provision of certain health care procedures in accordance with the provisions of an Order of Public Health Emergency shall be immune from civil liability for any injury or wrongful death arising from abandonment by such health care provider of any person to whom such health care provider owes a duty to provide health care when the provider was unable to provide the requisite health care to the person to whom he owed such duty of care as a result of the provider's voluntary or mandatory response to the relevant disaster. The bill also clarifies when a health care provider who responds to such disaster will not be liable for any injury to or wrongful death of any person arising from the delivery or withholding of health care due to an emergency and subsequent conditions that caused a lack of resources rendering the health care provider unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency.Referred to Courts of JusticeHB 5074 Immunity from civil claims related to the transmission of or exposure to the COVID-19 virus.Richard C. "Rip" Sullivan, Jr.Immunity from civil claims related to the transmission of or exposure to the COVID-19 virus; emergency. Provides immunity to a person, as defined in the bill, from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus, provided such person has complied with applicable and the most recent federal, state, and local laws, policies, procedures, and guidance regarding COVID-19. The bill requires every person to provide, with respect to any premises owned by the person or under the person's possession, custody, or control, reasonable notice of actions taken by the person for the purpose of reducing the risk of transmission of COVID-19 to individuals present on the premises. The bill contains an emergency clause and specifies that the provisions apply to claims arising no later than 180 days after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic.Reported from Courts of Justice with a substitute (13-8); Rereferred to Courts of Justice HB 5110 Immunity from civil claims related to the transmission of or exposure to the COVID-19 virus.Margaret B. RansoneImmunity from civil claims related to the transmission of or exposure to the COVID-19 virus and uses of personal protective equipment; emergency. Provides immunity to persons, as defined in the bill, from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus. The bill further provides immunity to persons who design, manufacture, label, or distribute any personal protective equipment in response to the COVID-19 virus from any civil cause of action arising out of the use of such equipment. The bill contains an emergency clause.Incorporated by Courts of Justice into HB5074 by voice voteHB 5116 Public and private employers; required to provide eligible employees paid quarantine leave, etc. Elizabeth R. GuzmanPaid quarantine leave. Requires public and private employers to provide eligible employees paid quarantine leave. The bill provides that such paid quarantine leave is available for immediate use by the employee, regardless of how long the employee has been employed by the employer. The bill provides that such paid quarantine leave may be used for (i) an eligible employee's illness or health condition related to the COVID-19 virus; an eligible employee's need for medical diagnosis, care, or treatment of an illness or health condition related to the COVID-19 virus; or an eligible employee's need for preventive medical care related to the COVID-19 virus; (ii) care of a family member with an illness or health condition related to the COVID-19 virus; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness or health condition related to the COVID-19 virus; or care of a family member who needs preventive medical care related to the COVID-19 virus; or (iii) or care for oneself or a family member when it has been determined by the health authorities having jurisdiction or by a health care provider that the eligible employee's or family member's presence in the community may jeopardize the health of others because of his exposure to the COVID-19 virus, whether or not the eligible employee or family member has actually contracted COVID-19.The bill prohibits employers from taking certain retaliatory actions against an employee related to paid quarantine leave or because the employee is ineligible for or has exhausted his paid quarantine leave and is absent from work without compensation for the same purposes an employee may use paid quarantine leave. The bill provides that an employee is authorized to bring a civil action against the employer for violations of the bill's provisions. The bill sunsets upon the expiration of the state of emergency declared by the Governor in response to the COVID-19 pandemic in Executive Order 51 (2020).Reported from Labor and Commerce with amendment (13-9); Reported from Appropriations with substitute (13-9)HB 5130 Essential workers; hazard pay, employers to provide personal protective equipment, civil penalty.Hala S. AyalaEssential workers; hazard pay; personal protective equipment; civil penalty. Requires, that following the declaration by the Governor of a state of emergency pursuant to § 44-146.17 that includes or is followed by any additional executive order in furtherance of such declaration that includes a stay at home or shelter in place order, employers shall (i) compensate its essential workers at a rate not less than one and one-half times the employee's regular rate of pay for any hours worked during the closure order and (ii) provide its essential workers with personal protective equipment related to the state of emergency and recommended for the relevant work site or job task by the Department of Labor and Industry, the Department of Health, the U.S. Centers for Disease Control and Prevention, or the Occupational Safety and Health Administration. The bill defines essential worker as those employed as health care providers or by an essential retail business. The bill includes civil penalties and provides a cause of action for an employer's failure to pay the required hazard pay, which are the same as currently provided for failing to pay wages generally.Referred to Labor and Commerce SB 5023 Health care providers; certain immunity during disaster under specific circumstances, etc.Thomas K. Norment, Jr.Declaration of disaster; health care providers; immunity. Provides that, in cases in which a disaster caused by a communicable disease of public health threat has been declared and in the absence of gross negligence, a health care provider who withholds the provision of certain health care procedures in accordance with the provisions of an Order of Public Health Emergency shall be immune from civil liability for any injury or wrongful death arising from abandonment by such health care provider of any person to whom such health care provider owes a duty to provide health care when the provider was unable to provide the requisite health care to the person to whom he owed such duty of care as a result of the provider's voluntary or mandatory response to the relevant disaster. The bill also clarifies when a health care provider who responds to such disaster will not be liable for any injury to or wrongful death of any person arising from the delivery or withholding of health care due to an emergency and subsequent conditions that caused a lack of resources rendering the health care provider unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency. The bill also clarifies that a "communicable disease of public health threat" includes a pathogen or illness declared a global pandemic by the World Health Organization.Incorporated by Judiciary into SB5082 (13-0) SB 5066 Workers' compensation; presumption of compensability for COVID-19.Richard L. SaslawWorkers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, and health care providers is an occupational disease compensable under the Workers' Compensation Act. The provisions of the bill will be effective retroactive to January 1, 2020.Reported from Commerce & Labor (12-3); Incorporates SB5022, SB 5097, SB 5104; Referred to Finance & Appropriations SB 5067 Immunity from civil claims related to the transmission of or exposure to the COVID-19 virus.Richard L. SaslawImmunity from civil claims related to the transmission of or exposure to the COVID-19 virus; emergency. Provides immunity to a person, as defined in the bill, from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus, provided such person has complied with applicable and the most recent federal, state, and local laws, policies, procedures, and guidance regarding COVID-19. The bill requires every person to provide, with respect to any premises owned by the person or under the person's possession, custody, or control, reasonable notice of actions taken by the person for the purpose of reducing the risk of transmission of COVID-19 to individuals present on the premises. The bill contains an emergency clause and specifies that the provisions apply to claims arising no later than 180 days after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic.Reported from Judiciary with a substitute (10-3); Stricken from the Senate calendar (37-0)SB 5082 Hospices, certain, home care organizations, etc.; immunity from civil liability, COVID-19.David W. MarsdenCertain hospices, home care organizations, private providers, assisted living facilities, and adult day care centers; immunity from civil liability; COVID-19; emergency. Provides that a licensed hospice, home care organization, private provider, assisted living facility, or adult day care center that delivers care to or withholds care from a patient, resident, or person receiving services who is diagnosed as being or is believed to be infected with the COVID-19 virus shall not be liable for any injury or wrongful death of such patient, resident, or person receiving services arising from the delivery or withholding of care when the emergency and subsequent conditions caused by the emergency result in a lack of resources, attributable to the disaster, that render such hospice, home care organization, private provider, assisted living facility, or adult day care center unable to provide the level or manner of care that otherwise would have been required in the absence of the emergency and that resulted in the injury or wrongful death at issue. The bill contains an emergency clause.Reported from Judiciary with a substitute (14-0); Incorporates SB5023; Committee substitute reconsidered (37-0); Passed Senate (36-0)SB 5097 Workers' compensation; presumption of compensability for COVID-19.Jill Holtzman VogelWorkers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of firefighters, emergency medical services personnel, law-enforcement officers, first responders, and health care providers are occupational diseases compensable under the Workers' Compensation Act. The provisions of the bill will be effective retroactive to January 1, 2020.Incorporated by Commerce & Labor into SB5066 (15-0)SB 5098 Immunity from civil claims related to the transmission of or exposure to the COVID-19 virus.Jill Holtzman VogelImmunity from civil claims related to the transmission of or exposure to the COVID-19 virus and uses of personal protective equipment; emergency. Provides immunity to persons, as defined in the bill, from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus. The bill further provides immunity to persons who design, manufacture, label, or distribute any personal protective equipment in response to the COVID-19 virus from any civil cause of action arising out of the use of such equipment. The bill contains an emergency clause, and the immunities provided by such bill expire two years after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic.Passed by indefinitely in Judiciary (7-5-1)SB 5099 Immunity from civil claims related to the transmission of or exposure to the COVID-19 virus.Jill Holtzman VogelImmunity from civil claims related to the transmission of or exposure to the COVID-19 virus and uses of personal protective equipment; emergency. Provides immunity to persons, as defined in the bill, from civil causes of action arising from any act or omission alleged to have resulted in the contraction of or exposure to the COVID-19 virus. The bill further provides immunity to persons who design, manufacture, label, or distribute any personal protective equipment in response to the COVID-19 virus from any civil cause of action arising out of the use of such equipment. The bill contains an emergency clause, and the immunities provided by the bill expire two years after the expiration or revocation of all states of emergency declared by the Governor related to the COVID-19 pandemic.Stricken at the request of the patron (13-0)Geriatric ReleaseBill Patron SummaryStatusHB 5035 Conditional release of geriatric prisoners; exceptions.Jason S. MiyaresConditional release of geriatric prisoners; exceptions. Prohibits persons serving a sentence imposed upon a conviction of murder in the first degree or a sexually violent offense, if the offense resulting in such conviction occurred on or after January 1, 2021, from petitioning the Parole Board for conditional release. Under current law, such persons may petition the Parole Board when such persons reach age 65 and have served at least five years of their sentence or reach age 60 and have served at least 10 years of their sentence. The prohibition does not apply to any person who is serving a life sentence for any crime other than homicide and who was under the age of 18 at the time of the commission of the offense.Referred to Courts of Justice HB 5053 Conditional release of geriatric, terminally ill, or permanently physically disabled prisoners.Suhas SubramanyamConditional release of geriatric, terminally ill, or permanently physically disabled prisoners. Provides that any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, who is terminally ill or permanently physically disabled is eligible for consideration by the Parole Board for conditional release. The bill also provides that any person serving such sentence (i) who is 65 years of age or older and has served at least five years of the sentence imposed or (ii) who is 60 years of age or older and has served at least 10 years of the sentenced imposed is eligible for consideration by the Parole Board for conditional release without the need to petition the Parole Board.Referred to Courts of Justice SB 5018 Geriatric, terminally ill, or permanently physically disabled prisoners; conditional release.John J. BellConditional release of geriatric, terminally ill, or permanently physically disabled prisoners. Provides that any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, who is terminally ill or permanently physically disabled is eligible for consideration by the Parole Board for conditional release. The bill also provides that any person serving such sentence (i) who is 65 years of age or older and has served at least five years of the sentence imposed or (ii) who is 60 years of age or older and has served at least 10 years of the sentenced imposed is eligible for consideration by the Parole Board for conditional release without the need to petition the Parole Board.Reported from Rehab & Social Services (8-7); Reported from Finance & Appropriations with substitute (12-3) SB 5034 Prisoners; conditional release.Jennifer B. BoyskoRelease of prisoners. Provides that any person serving a sentence imposed upon a conviction for a felony offense, other than a Class 1 felony, who is terminally ill or permanently physically disabled is eligible for consideration by the Parole Board for conditional release. The bill also provides that any person serving such sentence (i) who is 65 years or age or older and has served at least five years of the sentence imposed or (ii) who is 60 years of age or older and has served at least 10 years of the sentenced imposed is eligible for consideration by the Parole Board for conditional release without the need to petition the Parole Board. The bill also establishes a four-level classification system for the awarding and calculation of earned sentence credits. The bill requires the calculation of earned sentence credits to apply retroactively to the entire sentence of any inmate who is confined in a state correctional facility and participating in the earned sentence credit system.Reported from Rehab & Social Services (8-7); Referred to Finance & AppropriationsLong-Term Care Bill Patron SummaryStatusHB 5041 Nursing homes, certified nursing facilities, and assisted living facilities; electronic monitoring.Christopher T. HeadNursing homes, certified nursing facilities, and assisted living facilities; electronic monitoring. Provides for voluntary electronic monitoring of patient's or resident's rooms at nursing homes, certified nursing facilities, and assisted living facilities. The bill requires the Boards of Health and Social Services to adopt regulations governing voluntary electronic monitoring of patient's or resident's rooms and provides that no patient shall be denied admission to or discharged from a nursing home, certified nursing facility, or assisted living facility solely because the patient or resident implements electronic monitoring or refuses to consent to electronic monitoring in any room in which he resides.Passed House (94-0); Referred to Senate Education & Health HB 5121 Nursing home, certified nursing, or hospice facility; patient visitation, notice to family.Kathy J. ByronState Board of Health; public health emergency; patient visitation; notice to family; emergency. Requires each nursing home, certified nursing facility, and hospice facility to allow each patient to receive visits, either virtually or in person, at least once per week from family or any person designated by the patient. If such visits are conducted virtually, each such facility shall provide access to equipment and staff support that (i) allows each patient the ability to schedule and receive no less than one virtual visit per week and (ii) provides both visual and sound technology allowing the patient to interact with persons outside the facility, unless the patient or power of attorney of the patient waives such rights to virtual visitation and such waiver is noted in the care plan for the patient. Any person visiting a patient in person may be required to comply with all reasonable requirements of such facility adopted to protect the health and safety of patients and staff of the facility. Each such facility shall publish on its website or provide written communication of its plan for providing virtual or in-person family visits. The bill contains an emergency clause.Referred to HWI HB 5140 Long-term care facilities; public health emergency, patient visitation, end of life.Roxann L. RobinsonLong-term care facilities; public health emergency; patient visitation; end of life. Provides that during a declared public health emergency related to a communicable disease of public health threat, every hospital, nursing home, nursing facility, hospice, and assisted living facility shall allow visits from a patient's or resident's family members or any person designated by the patient when the patient has been diagnosed with a terminal condition or illness and the patient's death is expected to be imminent.Referred to HWI HB 5144 Board of Health; public health emergency; virtual visitation.C. Matthew FarissBoard of Health; public health emergency; virtual visitation. Requires the Board of Health to amend regulations governing hospitals, nursing homes, certified nursing facilities, and hospices to require such entities to adopt protocols to ensure that each patient is able to receive virtual visits from any person designated by the patient, within 72 hours of the time the request for a visit is made.Cmte referral pending SB 5026 Nursing homes; publication of information about certain communicable diseases.Stephen D. NewmanNursing homes; publication of information about certain communicable diseases. Requires the Commissioner of Health to make available to the public information about confirmed cases of a communicable disease at nursing homes in the Commonwealth when a public health emergency related to such communicable disease has been declared. The bill requires such information to include (i) the name of each nursing home with at least one confirmed case of such communicable disease among the patients or staff of the nursing home, (ii) the total number of confirmed cases of such communicable disease among the patients of the nursing home, and (iii) the total number of confirmed cases of such communicable disease among the staff of the nursing home.Incorporated into SB5081SB 5042 State Board of Health; public health emergency; patient visitation; notice to family; emergency.Jennifer A. KiggansState Board of Health; public health emergency; patient visitation; notice to family; emergency. Requires each nursing home, certified nursing facility, and hospice facility to allow each patient to receive visits, either virtually or in person, at least once per week from family or any person designated by the patient. If such visits are conducted virtually, each such facility shall provide access to equipment and staff support that (i) allows each patient the ability to schedule and receive no less than one virtual visit per week and (ii) provides both visual and sound technology allowing the patient to interact with persons outside the facility, unless the patient or power of attorney of the patient waives such rights to virtual visitation and such waiver is noted in the care plan for the patient. Any person visiting a patient in person may be required to comply with all reasonable requirements of such facility adopted to protect the health and safety of patients and staff of the facility. Each such facility shall publish on its website or provide written communication of its plan for providing virtual or in-person family visits. The bill contains an emergency clause.Passed Senate (36-0)SB 5081 Outbreaks of communicable disease of public health threat; posting of information about cases.George L. BarkerOutbreaks of communicable disease of public health threat; posting of information. Requires the Department of Health to make information about outbreaks of communicable diseases of public health threat at any medical care facility, residential or day program, service or facility licensed or operated by any agency of the Commonwealth, school, or summer camp currently required to report an outbreak of a communicable disease to the Department available to the public on a website maintained by the Department. Such information shall include the name of the place at which the outbreak has occurred and the number of confirmed cases of and deaths resulting from such communicable disease reported by each such place.Passed Senate (34-0)SB 5105 Nursing homes; outbreaks of communicable disease; posting of information.David R. SuetterleinNursing homes; outbreaks of communicable disease; posting of information. Requires the Department of Health to make available to the public on a website maintained by the Department information regarding outbreaks of any communicable disease required by the Board of Health to be reported at nursing homes in the Commonwealth. Such information shall include (i) the name of each nursing home at which such outbreak has been reported, (ii) the total number of confirmed cases of such communicable disease among the patients of the nursing home, and (iii) the total number of confirmed cases of such communicable disease among the staff of the nursing home.Incorporated into SB5081SB 5109 Nursing home employees and residents; first priority for testing for COVID-19 virus.A. Benton "Ben" ChafinCommissioner of Health; nursing home employees and residents; priority for testing; COVID-19 pandemic. Provides that the Commissioner of Health shall ensure that residents and employees of any nursing home receive first priority for any testing indicating the existence of the COVID-19 virus in the Commonwealth.Passed Senate (36-0)MedicaidBill Patron SummaryStatusHB 5046 Telemedicine services; originating site.Dawn M. AdamsTelemedicine services; originating site. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to provide for payment of medical assistance for medically necessary health care services provided through telemedicine services, regardless of the originating site or whether the patient is accompanied by a health care provider at the time such services are provided. "Originating site" is defined in the bill as any location where the patient is located, including any medical care facility or office of a health care provider, the home of the patient, the patient's place of employment, or any public or private primary or secondary school or postsecondary institution of higher education at which the person to whom services are provided is located. The bill also requires each (i) insurer proposing to issue individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; (ii) corporation providing individual or group accident and sickness subscription contracts; and (iii) health maintenance organization providing a health care plan for health care services to provide coverage for telemedicine services regardless of the originating site and whether the patient is accompanied by a health care provider at the time such services are provided. The bill also allows the use of telephonic technology for telemedicine to the extent allowed by federal law, and provides that no health care provider who provides health care services via telemedicine services shall be required to use proprietary technology or applications to be reimbursed for providing telemedicine services.Passed House (96-0); Referred to Senate Education & Health SB 5080 Telemedicine services.George L. BarkerTelemedicine services. Provides that no health care provider who provides health care services via telemedicine services shall be required to use proprietary technology or applications to be reimbursed for providing telemedicine services, and eliminates provisions stating that "telemedicine services" does not include audio-only telephone.Passed Senate (34-0)SB 5087 Telemedicine services; originating site.Siobhan S. DunnavantTelemedicine services; originating site. Directs the Board of Medical Assistance Services to amend the state plan for medical assistance services to provide for payment of medical assistance for medically necessary health care services provided through telemedicine services, regardless of the originating site or whether the patient is accompanied by a health care provider at the time such services are provided. "Originating site" is defined in the bill as any location where the patient is located, including any medical care facility or office of a health care provider, the home of the patient, the patient's place of employment, or any public or private primary or secondary school or postsecondary institution of higher education at which the person to whom services are provided is located. The bill also requires each (i) insurer proposing to issue individual or group accident and sickness insurance policies providing hospital, medical and surgical, or major medical coverage on an expense-incurred basis; (ii) corporation providing individual or group accident and sickness subscription contracts; and (iii) health maintenance organization providing a health care plan for health care services to provide coverage for telemedicine services regardless of the originating site and whether the patient is accompanied by a health care provider at the time such services are provided. The bill also provides that no health care provider who provides health care services via telemedicine services shall be required to use proprietary technology or applications to be reimbursed for providing telemedicine services, and require the Department of Medical Assistance Services to continue to reimburse health care providers for Medicaid-covered services delivered via audio-only equipment and by telemedicine services until July 1, 2021.Incorporated into SB5080SB 5116 In-home consumer-directed services; electronic visit verification; exception.Ryan T. McDougleIn-home consumer-directed services; electronic visit verification; exception. Requires the Department of Medical Assistance Services to implement an electronic visit verification system to confirm delivery of in-home services by providers of consumer-directed personal care, respite care, or companion services through the Commonwealth Coordinated Care Plus waiver program, Developmental Disability waiver program, or the Early and Periodic Screening Diagnosis and Treatment program and creates an exception to the requirement that providers of such services use the electronic visit verification system for providers who reside in the home of the person receiving services.Reported from Education & Health (14-0); Reported from Finance & Appropriations (15-0)Public HealthBill Patron SummaryStatusHB 5048 Outbreaks of communicable disease of public health threat; posting of information.Mark D. SicklesOutbreaks of communicable disease of public health threat; posting of information. Requires the Department of Health to make information about outbreaks of communicable diseases of public health threat at any medical care facility, residential or day program, service or facility licensed or operated by any agency of the Commonwealth, school, or summer camp currently required to report an outbreak of a communicable disease to the Department available to the public on a website maintained by the Department. Such information shall include the name of the place at which the outbreak has occurred and the number of confirmed cases of and deaths resulting from such communicable disease reported by each such place.Passed House (98-0); Referred to Senate Education & Health SB 5090 Commissioner of Health; publication of information about certain communicable diseases; COVID-19.Siobhan S. DunnavantCommissioner of Health; publication of information about certain communicable diseases; COVID-19 progress benchmarks; emergency. Requires that upon the declaration of a public health emergency related to a communicable disease, the Commissioner of Health weekly make available to the public information about confirmed cases of the communicable disease among the total population of the Commonwealth and separate information about total confirmed cases of the communicable disease among the general population of the Commonwealth displayed in comparison to total confirmed cases of the communicable disease among persons living in confined spaces within the Commonwealth. The bill defines "confined spaces" as nursing homes, jails and prisons, and group homes. The bill also requires the Commissioner to publish confirmed cases of communicable disease by age group in increments of 10 years. The bill directs the Commissioner to develop and make available to the public on a website maintained by the Department of Health COVID-19 pandemic progress benchmarks that include progress benchmarks for percent positivity rates, percent ventilator utilization, percent intensive care unit utilization by COVID-19 patients, and other variables as deemed appropriate. The bill contains an emergency clause.Passed Senate (40-0)HB 5105 Rapid diagnostic testing; availability to all essential workers.Roxann L. RobinsonRapid diagnostic testing; essential workers; emergency. Requires that when the Commissioner of Health determines that a communicable disease of public health significance exists in the Commonwealth, he shall ensure that any available rapid diagnostic testing indicating the existence of such communicable disease is readily available to all essential workers in the Commonwealth. Priority for access to such testing shall go to (i) health care providers, (ii) law-enforcement officers, (iii) emergency medical services personnel and emergency medical services providers, (iv) patients in nursing homes who are determined by the nursing home to be high-risk patients, (v) public and private elementary and secondary schools in the Commonwealth, and (vi) public institutions of higher education and private institutions of higher education in the Commonwealth. The bill contains an emergency clause.Tabled in HWI (11-10) ................
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