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VIRGINIA GENERAL ASSEMBLY 2004 - LEGISLATIVE UP-DATE
Prepared for the Greater Washington Society for Clinical Social Work and the Virginia Society for Clinical Social Work by Chris Spanos, Government and Public Affairs Counselor, Spanos Consulting Group, on January 31, 2004
The Virginia General Assembly is into the third week of the 2004 Session. Facing the Assembly members is a February 17 deadline for all bills to be considered. On February 18th point the House of Delegates may take up only Senate bills and the state Senate may take up only bills originating in the House of Delegates.
The Greater Washington and Virginia Clinical Society Boards are supporting the following actions with regard to pending Virginia legislation:
Support: Priority -- Senate Bill 44 to remove the sunset clause from the mental health parity law. (SB 44 was passed by the Senate on the 23rd of January by a vote of 39-0.)
Support, with amendment: SB-93 to allow employer discretion in hiring employees with a criminal background for adult substance abuse treatment programs. The Clinical Society would like to see and amendment adopted to add a layer of protection to child.
Oppose: HB-381 requires notification of parents when a minor seeks mental health, substance abuse or other kinds of care he/she could legally consent to as an adult.
Monitor:
HB-322 would prohibit an insurer or HMO from retroactively denying payment of a claim unless the specific claim is noted in writing.
HB-284 and HB-285 would provide tax credits to health and mental health professionals who volunteer their services.
HB-875, HB-876, HB-877, HB-878, HB-879, HJR-134 brings state confidentiality of health care records into compliance with federal law and regulation.
HJR-157, SJR-25 commission a study of racial and ethnic disparities in mental health care.Clinical Society Priority Mental Health Legislation
Mental Health Parity for Health Insurance ReauthorizationSenate Bill 44, introduced by Senate Steve Martin (Republican-Chesterfield County) removes the sunset clause from the mental health parity law. SB 44 was passed by the Senate on the 23rd of January by a vote of 39-0. (There are 40 members of the state Senate.) You should wait until after cross-over day (February 17) to contact members of the House of Delegates to seek their support for SB 44 continuing mental health parity in health insurance. The bill will go before the House Committee on Commerce and Labor.
Members of the House Committee on Commerce and Labor are, Delegates: Morgan (Chairman), Callahan, Hargrove, Tata, Parrish, Purkey, Kilgore, Bryant, Byron, Ware, R.L., Dudley, Griffith, Nixon, Drake, Plum, Johnson, Jones, D.C., Joannou, Melvin, Keister, Bland, AbbittMental Health and Substance Abuse Insurance Measures
HB-322 introduced by Del. Morgan Griffith (R-Roanoke) would prohibit an insurer or HMO from retroactively denying payment of a claim unless the specific claim is noted in writing. This bill was reported from the House Commerce and Labor Committee unanimously and is on the House floor. It would effectively eliminate the ability of insurers and HMOs to use extrapolation to seek a refund. Providers have long thought that extrapolation is an unfair tool.
Mental Health Legislation
HB-284 and HB-285 remain in the House Finance Committee where they are expected to be considered before February 18. Del. John Cosgrove (R-Chesapeake) is the chief patron of these two measures that would provide tax credits to health and mental health professionals who volunteer their services.
HB-381 introduced by Del. Scott Lingamfelter (R-Prince William) to require notification of parents when a minor seeks mental health, substance abuse or other kinds of care he can legally consent to as an adult, is in the modification phase. A host of child advocacy, mental health, substance abuse and health organizations have let him know their concerns about the bill, and it is being redrafted to accommodate some of those concerns. We expect the measure to be heard this week, and will update the specifics in next week’s issue.
The series of measures introduced by Del. John O’Bannon (R-Henrico) at the request of the Attorney General to bring state confidentiality of health care records into compliance with federal law and regulation have passed the House Health, Welfare and Institutions Committee and are on the House floor. These measures are HB-875, HB-876, HB-877, HB-878, and HB-879. His HJR-134 requesting the Joint Commission on Health Care to study the use and disclosure of medical records remains under consideration in the House Rules Committee.
Del. Viola Baskerville (D-Richmond) still has her HJR-157 under consideration in the House Rules Committee. Sen. Henry Marsh (D-Richmond) also has his SJR-25 under consideration in the Senate Rules Committee. These measures would commission a study of racial and ethnic disparities in mental health care.Substance Abuse Treatment Legislation
Substance abuse treatment advocates are concerned about the impact criminal convictions have on future rights and employability. This is because the illness of addiction often results in commission of crimes related to the addiction. During successful recovery, however, the likelihood of committing a crime is no more than for any other person. Therefore, advocates are seeking laws that put those people in successful recovery from addiction with a criminal history related to that addiction on a level playing field with all other citizens of the Commonwealth. Consequently, this year, they are following issue: barriers to employment that result from a criminal history.
Two bills have been introduced to make it easier for a convicted felon to work in some treatment programs. The Substance Abuse and Addiction Recovery Alliance (SAARA) asked Sen. Jeannemarie Devolites (R-Fairfax) to introduce SB-93 that would allow employer discretion in hiring employees with a criminal background for adult substance abuse treatment programs. This measure passed the Senate last week unanimously.Contacting Your Legislators
By Web
You can find out who represents you in the Virginia Senate and House of Delegates on the Internet at: http://conview.state.va.us/whosmy/constinput.asp. This website also will give you all the contact information for your Senator and Delegate, and will allow you to send them an e-mail from a hotlink.
By Phone
When the General Assembly is in session, the House of Delegates and Senate of Virginia jointly operate a toll-free, intrastate telephone message center to accept calls from citizens of the Commonwealth wishing to express an opinion on legislation. The messages are received by the center and will be relayed to the members' offices as requested. You may call the Constituent Viewpoint operators at (800) 889-0229 (outside Richmond) or 698-1990 (Richmond area) to express your opinion on a legislative issue.
When the General Assembly is not in session, you may call (804) 698-1500 for the House of Delegates Legislative Information Office and (804) 698-7410 for the Senate Legislative Information Office.By Mail
During the General Assembly session, Delegates and Senators can be reached at their offices in the General Assembly Building in Richmond. When the General Assembly is not in session, Delegates and Senators can be reached at their district offices.
The Honorable (Delegate/Senator's First and Last Name)
910 Capitol Square
Richmond, Virginia 23219If you e-mail your legislator, be sure to include your address in your e-mail. Many legislators do not pay as much attention to contacts from people who are outside their districts.
For GSCSW Legislative
Information contact:
GWSCSW
PO Box 3235
Oakton VA 22124
202-537-0007
Fax: 703-938-8389
email: gwscsw@gmail.com
Website http://www.gwscsw.org