Session – Day 42

February 23, 2021

Almost over – and little damage done!  There have been some fairly monumental accomplishments, most of which are not strictly within our portfolio.  So let’s look at what may affect us as providers:
  • HB1808 & SB1154 require DBHDS to report cases of abuse or neglect to dCLV as they currently report serious incidents; no action is required on the provider’s part.
  • HB1848 adds a prohibition against discrimination based on a disability to the Virginia Human Rights Act; the provisions are essentially identical to the prohibitions already in Federal Law, so should not require changes to policy or practice, but will require notice to employees.
  • HB2063 codifies the requirements for the payment of overtime; again the provisions are essentially identical to those in Federal Law.
  • HB1961 allows a guardian of an individual of any age to apply for a Special ID for the individual.
  • HB2070 codifies that CSBs/BHAs may contract with private providers; there is nothing currently that prohibits them from doing so.
  • HB2092 adds another layer of complexity to the barrier crimes processes; it does not, however, limit the use of reputable staffing agencies.  We will work on guidance to get out after the Session.
  • HB2137 – This was the last and most troublesome of the paid leave bills – until it wasn’t! It has been amended to only apply to CD Services staff paid by DMAS/MCOs.  It will not apply to any private employer!
  • HB2197 requests DMAS to convene a workgroup to study and develop options for the continuation of virtual supports (final language will be worked out in a conference committee).
  • HB2230 implements the recommendations of the Supported Decision Making workgroup – more to come!
  • SB1102 requires an orientation program for personal care aides – CD Services only.
  • SB1273 formalizes the “Deeds Commission.”
  • SB1304 speaks to discharge planning (from State Hospitals) but doesn’t change anything.  An enactment clause requires a workgroup to look at services/funding issues which may impede discharges.
  • SB1307 expands, through an amendment to the Medicaid State Plan, the options for school based services.  It is not clear how or if this fits into Enhancement.
  • SB1313 & HB2117 are the CSA bills favored by VCOPPA and our members who operate private schools, they are conformed and have passed!
  • SB1315 & HB2047 both add consideration of intellectual disabilities to the criminal proceedings; there are slight differences which will have to be resolved in a conference committee.
We await final word on the Budget!