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Legislation – Virginia
Chris Spanos
Virginia is in the middle of election year events: the Commonwealth will be
electing a new Governor, Lieutenant Governor, and Attorney General along with
100 members of the House of Delegates in November. As we approach the next
Virginia General Assembly, a major shift will occur with new public policy
leaders, a new set of state-wide officials and at least ten new members of the
House of Delegates.
Grassroots engagement in local elections is the most effective pathway to
gaining access to key decision makers during the development of public policy,
budget, and appropriations activities affecting the profession and practice of
clinical social work. Society members should be beginning getting involved now.
The following bills, passed by the General Assembly during the 2005 Session and
signed by the Governor, will become effective on July 1, 2005. Copies of the
enacted legislation listed may be obtained at the Virginia General Assembly
internet website http://leg1.state.va.us/051/lis.htm.
Mental Health Legislation
HB578. Provides for use of electronic communication in petitions, orders for emergency custody, testimony, and certain other judicial proceedings. (Patron: Hamilton)
HB1778 / SB 753. Requires DMHMRSAS to establish evaluation standards for the issuance of new licenses to providers of treatment of opiate addiction; and establishes a moratorium on new licenses until such standards become effective. (Patrons: Kilgore, Wambler)
HB1938. Authorizes DMHMRSAS to transfer appropriated funds directly to operating community services boards and behavioral health authorities. (Patron: O'Bannon)
HB1997. Makes numerous changes authorizing the release of information concerning sexually violent predators to DMHMRSAS, the Attorney General, and mental health examiners. The bill redefines "sexually violent offense" to include the commission of aggravated sexual battery against a person younger than 13 and assures that a committed person who commits a jail-able offense will be returned to DMHMRSAS custody. (Patron: Griffith)
HB2110. Sets forth a standard of proof ("clear and convincing evidence”) for a judge to apply during an involuntary commitment hearing for persons with mental illness. (Patron: McQuigg)
HB2514 / SB1110. On recommendation by the Joint Commission on Health Care, repeals provisions established prior to HIPAA regulations governing disclosure of patient information to third party payors. (Patron: O'Bannon, Blevins)
HB2796 / SB889. Provides that DMHMRSAS will be the lead agency for suicide prevention across the lifespan, coordinating activities of various agencies of the Commonwealth in order to develop a comprehensive plan addressing public awareness; the promotion of health development; early identification, intervention and treatment; and support to survivors. The Department of Health will continue to be responsible for youth suicide prevention. (Patron: Baskerville, Mims)
HB2870. Requires that at least one appointment to the state human rights committee and each local human rights committee must be a health care provider. These committees address alleged violations of human rights of consumers of public and private mental health, mental retardation and substance abuse services. (Patron: Lewis)
HB2881 / SB1333. Authorizes the Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to issue an order of summary suspension of a license to operate a group home or residential facility for children in cases of immediate and substantial threat to the health, safety, and welfare of residents. (Patron: Nixon; Martin)
SB719. Establishes various regulations for appointment of a guardian or conservator for a person adjudicated incapacitated. (Patron – Edwards)
SB741 / SB1025. Adds six new (specified) members to the Substance Abuse Services Council. (Patron: Reynolds)
SB1017. Clarifies the provisions relating to judicial authorization of treatment and detention a person who is the subject of an emergency petition; simplifies the process for notice to next of kin; includes technical amendments. (Patron: Mims)
SB1023. Recodifies Title 37 as Title 37.2, as revised by the Virginia Code Commission. Title 37.1 is the legal authority for the Department of Mental Health, Mental Retardation and Substance Abuse Services under the Secretariat of Health and Human Resources, as well as the Office of the Inspector General for Mental Health, Mental Retardation and Substance Abuse Services. It is also the legal authority for community services boards and behavioral health authorities. During the past 37 years since the 1968 revision, much has happened to affect laws governing mental health, mental retardation, and substance abuse services. The Virginia Code Commission has rewritten and combined sections or parts of sections to clarify provisions and to eliminate archaic, obsolete, or redundant language. Additionally, certain substantive changes are made, many of which reflect current practices, delete eliminated programs, or conform provisions to other statutes and regulations.
The Virginia Code Commission has divided Title 37.2 into four subtitles. Subtitle I contains general provisions applicable to the entire title, with title-wide definitions included as general provisions. Subtitle II deals with mental health, mental retardation, and substance abuse services. A newly created chapter within Subtitle II consolidates sections related to state facilities that were previously scattered throughout Title 37.1. Subtitle III contains chapters related to admissions and dispositions. Subtitle IV contains guardianship, conservatorship, and judicial authorization of treatment provisions. Current §§ 37.1-207 and 37.1-207.1, relating to the Substance Abuse Services Council are relocated to Title 2.2 (Administration of Government) as part of the title revision.This executive branch advisory council coordinates the Commonwealth's public and private efforts to control substance abuse and it is more appropriately placed in this general government title. Two current chapters are not carried forward as part of Title 37.2 and will be repealed: Chapter 3 (Persons Not Confined to State Hospitals) and Chapter 7 (Extradition of Persons of Unsound Minds). Both chapters are obsolete.
(Patron: Mims)
Insurance Legislation
HB 1492 / SB1097. Requires the Department of Taxation and the State Corporation Commission to take various steps to amend the Virginia Medical Savings Account Plan to address the provisions of federal law that permit eligible individuals to establish health savings accounts. (Patron: Hamilton)
HB 1242. Requires insurers to provide no less than 90 days' notice of a cancellation or non-renewal of, or a premium increase of more than 25 percent for, a medical malpractice insurance policy. (Patron: Rust)
SB 1106. Applies to health insurance provider contracts entered into, amended, extended, or renewed on or after January 1, 2006. Requires carriers to disclose their bundling or down-coding policies to providers, and to establish their claims payment dispute mechanism in writing and make the information available to providers. The measure also regulates contract amendments. (Patron: Saslaw)
Health Insurance Portability and Accountability Act (HIPAA)
HB2363 / SB1064. Emphasizes the right of an individual to have access to his health records with certain exceptions; defines the term "psychotherapy notes"; clarifies the list of persons to whom disclosure of protected health information may be made; underscores the confidentiality of psychotherapy notes and prohibits the disclosure of such psychotherapy notes, with exceptions for training programs, legal processes, protection of third parties, and various law-enforcement and regulatory investigations; and states specifically that state law controls the procedures for requesting health records. (Patron: Melvin)
HB 2515 / SB1203. Distinguishes between the charges that may be levied by a health care provider for copies of health records when the patient requests his own health records ("a reasonable cost-based fee" that will only include costs of supplies and labor, postage, and preparation of any summary of the information) as opposed to records subpoenaed or otherwise requested by a third party. (Patron: O’Bannon)
HB2516 / SB1109. Revises certain provisions relating to minors' health records to provide a measure of consistency with the federal HIPAA (Patron: O’Bannon)
Chris Spanos of the Spanos Consulting Group is the Virginia legislative lobbyist for the GWSCSW and the Virginia Society for Clinical Social Work.
For GSCSW Legislative
Information contact:
GWSCSW
5028 Wisconsin Avenue NW, Suite 404
Washington DC 20016
Phone 202 537 0007
Fax 202 364-0435
Email GWSCSW@gmail.com
Website http://www.gwscsw.org