Virginia Commerce and Labor (S02) Committee Docket — 2022-01-24

Summary

Docket for the Virginia Commerce and Labor (S02) Committee dated January 24, 2022, of the Senate, 2022 Regular session. It names Richard L. Saslaw (D) as Chair and lists staff Hobie Lehman, Jasmine VanDyke, Marvi Ali and Thomas Stevens. The Senate bills on the docket include SB181, a Saslaw bill on the workers' compensation presumption for COVID-19 death or disability and vaccination, and SB189, a Chase bill that prohibits employer-mandated COVID-19 vaccinations and sets civil penalties not to exceed $10,000 or $50,000 per violation depending on employer size. Other entries cover group health benefit plans, health insurance coverage and a Prescription Drug Affordability Board.

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TITLE: Virginia Commerce and Labor (S02) Committee Docket — 2022-01-24
DATE: 2022-01-24T00:00:00
SESSION: 2022 Regular (20221)
CHAMBER: Senate

COMMITTEE MEMBERS:
  - Richard L. Saslaw (D) Chair

STAFF: Hobie Lehman, Jasmine VanDyke, Marvi Ali, Thomas Stevens

DOCKET / AGENDA:

[Senate Bill in Committee]
  999. SB181 - Workers' compensation; presumption as to death or disability from COVID-19, vaccine.
       Patron(s): Saslaw
       Summary: Workers' compensation; presumption as to death or disability from COVID-19; vaccine. Provides that the presumption that COVID-19 causing the death or disability of certain employees is an occupational disease compensable under the Virginia Workers' Compensation Act does not apply to an individual who fails or refuses to receive a vaccine for the prevention of COVID-19 either approved by or with an Emergency Use Authorization issued by the U.S. Food and Drug Administration, unless the person is immunized or the person's physician determines in writing that the immunization would pose a signific
  999. SB189 - Employer-mandated vaccinations for COVID-19; discrimination prohibited, civil penalties.
       Patron(s): Chase
       Summary: Employer-mandated vaccinations for COVID-19; discrimination prohibited; civil penalties. Prohibits an employer from requiring its employees to receive a vaccine for the prevention of COVID-19. The bill prohibits an employer from discrimination against an employee because the employee has or has not received a vaccine for the prevention of COVID-19. The bill also provides for civil penalties not to exceed $10,000 by an employer with fewer than 100 employees or $50,000 by an employer with 100 or more employees for each violation of the bill's provisions.
  999. SB195 - Group health benefit plans; sponsoring associations, formation of benefits consortium, definitions.
       Patron(s): Mason
       Summary: Group health benefit plans; bona fide associations; formation of benefits consortium. Provides that certain trusts constitute a benefits consortium and are authorized to sell health benefit plans to members of a sponsoring association that (i) has been formed and maintained in good faith for purposes other than obtaining or providing health benefits; (ii) does not condition membership in the sponsoring association on any factor relating to the health status of an individual, including an employee of a member of the sponsoring association or a dependent of such an employee; (iii) makes any heal
  999. SB204 - Health care provider panels; vertically integrated carriers, reimbursements to providers.
       Patron(s): Petersen
       Summary: Health care provider panels; vertically integrated carriers; reimbursements to providers. Requires any vertically integrated carrier, upon written request, to offer participation in each requested provider panel or network established for each of the vertically integrated carrier's policies, products, and plans, including all policies, products, and plans offered to individuals, employers, and enrollees in government benefit programs, to the requesting provider under the same terms and conditions that apply to providers under common control with the vertically integrated carrier. The measure r
  999. SB226 - Workers' compensation; notice to employees.
       Patron(s): McPike
       Summary: Workers' compensation; notice to employees. Requires each employer subject to the Virginia Workers' Compensation Act to provide notice to covered employees of the employees' right to dispute a claim through the Virginia Workers' Compensation Commission. Such notice must include specific text as included in the bill. The bill also provides that an employer who fails to provide such notice may be subject to the civil penalty provisions of the Virginia Workers' Compensation Act.
  999. SB289 - Workers' compensation; anxiety disorder or depressive disorder incurred by law-enforcement, etc.
       Patron(s): DeSteph
       Summary: Workers' compensation; anxiety disorder or depressive disorder incurred by law-enforcement officers and firefighters. Provides that an anxiety disorder or depressive disorder, as both are defined in the bill, incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act on the same basis as post-traumatic stress disorder. The bill provides that a mental health professional must diagnose the law-enforcement officer or firefighter as suffering from anxiety disorder or depressive disorder as a result of a qualifying event, as defined in the Code,
  999. SB311 - Real property; duty to disclose ownership interest and lis pendens.
       Patron(s): Ebbin
       Summary: Real property; duty to disclose ownership interest and lis pendens. Provides that a real estate licensee has an affirmative duty, upon having substantive discussions about specific real property, to disclose in writing to the purchaser, seller, lessor, or lessee of the property if he, any member of his family, his firm, any member of his firm, or any entity in which he has an ownership interest has or will have an ownership interest as a party to the transaction and must also disclose in writing that he is a licensee. The bill requires that an owner of a residential dwelling unit who has actua
  999. SB321 - Health insurance; definition of autism spectrum disorder.
       Patron(s): Vogel
       Summary: Health insurance; definition of autism spectrum disorder. Provides that for the purposes of required health insurance coverage for the diagnosis and treatment of autism spectrum disorder, "autism spectrum disorder" means any pervasive developmental disorder or autism spectrum disorder, as defined in the most recent edition or the most recent edition at the time of diagnosis of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association and "medically necessary" means in accordance with the generally accepted standards of mental disorder or condition care a
  999. SB335 - Health insurance; association health plan for real estate salespersons.
       Patron(s): Barker
       Summary: Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee th
  999. SB338 - Commonwealth Health Reinsurance Program; federal risk adjustment program.
       Patron(s): Barker
       Summary: Commonwealth Health Reinsurance Program; federal risk adjustment program. Eliminates the requirement that the State Corporation Commission consider transfers made under the federal risk adjustment program to eliminate double reimbursement for high-cost cases as a factor when establishing payment parameters for the benefit year under the Commonwealth Health Reinsurance Program. The bill also eliminates the requirement that the Commission factor in transfers received for an enrolled individual under the federal risk adjustment program when calculating each reinsurance payment based on an eligibl
  999. SB344 - Health insurance; coverage for donated human breast milk, effective date.
       Patron(s): Barker
       Summary: Health insurance; coverage for donated human breast milk. Requires health insurers, corporations providing health care coverage subscription contracts, and health maintenance organizations to provide coverage for expenses incurred in the provision of pasteurized donated human breast milk. The requirement applies if the covered person is an infant under the age of six months, the milk is obtained from a human milk bank that meets quality guidelines established by the Department of Health, and a licensed medical practitioner has issued an order for an infant who satisfies certain criteria. The m
  999. SB351 - Workers' compensation; permanent and total incapacity, subsequent accident.
       Patron(s): Surovell
       Summary: Workers' compensation; permanent and total incapacity; subsequent accident. Requires compensation for permanent and total incapacity to be awarded for the loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof either from the same accident or a compensable consequence of an injury sustained in the original accident. Under current law, compensation for permanent and total incapacity is required only when such loss occurs in the same accident.
  999. SB374 - Project labor agreements; prevailing wage, collective bargaining for employees of local gov'ts, etc.
       Patron(s): Obenshain
       Summary: Project labor agreements; prevailing wage; collective bargaining for employees of local governments. Repeals certain provisions of the Code that (i) require contractors and subcontractors under any public contract with a state agency or certain localities to pay the prevailing wage rate; (ii) authorize any public body, when engaged in procuring products or services or letting contracts for construction, manufacture, maintenance, or operation of public works, to require bidders to enter into or adhere to project labor agreements on the public works projects; and (iii) authorize a locality to re
  999. SB376 - Prescription Drug Affordability Board; established, drug cost affordability review, report.
       Patron(s): Petersen
       Summary: Prescription Drug Affordability Board; established; drug cost affordability review. Establishes the Prescription Drug Affordability Review Board for the purpose of protecting state residents, state and local governments, commercial health plans, health care providers, pharmacies licensed in the Commonwealth, and other stakeholders within the health care system from the high costs of prescription drug products. The bill directs the Governor to appoint members and alternate members of the Board. The Board is required to meet in open session at least four times annually, with certain exceptions a
  999. SB397 - Health insurance; association health plan for real estate salespersons.
       Patron(s): Cosgrove
       Summary: Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee th
  999. SB405 - Health insurance; coverage for prosthetic devices and components.
       Patron(s): Barker
       Summary: Health insurance; coverage for prosthetic devices. Requires health insurers, corporations providing health care coverage subscription contracts, health maintenance organizations, and the Commonwealth's Medicaid program to provide coverage for medically necessary prosthetic devices, including myoelectric, biomechanical, or microprocessor-controlled prosthetic devices. The provisions of the bill apply only in the large group markets. The provisions of the bill apply to any policies issued or delivered on and after January 1, 2023. This bill is identical to HB 925.
  999. SB407 - Disability insurance; disability arising out of childbirth.
       Patron(s): Dunnavant
       Summary: Disability insurance; disability arising out of childbirth. Requires each insurer proposing to issue individual or group accident and sickness insurance policies providing short-term disability income protection coverage whose policies provide coverage for short-term disability arising out of childbirth to, notwithstanding a disability determination or medical necessity requirement, provide for 12 weeks of income protection coverage for a payable benefit of at least 12 weeks immediately following childbirth.
  999. SB422 - Health insurance; tobacco surcharge.
       Patron(s): Edwards
       Summary: 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. This bill is identical to HB 675.
  999. SB427 - Health insurance; provider credentialing, receipt of application.
       Patron(s): Dunnavant
       Summary: 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 cred
  999. SB433 - Health insurance; calculation of enrollee's contribution, high deductible health plan.
       Patron(s): Dunnavant
       Summary: Health insurance; calculation of enrollee's contribution; high deductible health plan. Provides that if the application of the requirement that a carrier, when calculating an enrollee's overall contribution to any out-of-pocket maximum or any cost-sharing requirement under a health plan, include any amounts paid by the enrollee or paid on behalf of the enrollee by another person results in a health plan's ineligibility to qualify as a Health Savings Account-qualified High Deductible Health Plan under the federal Internal Revenue Code, then such requirement shall not apply to such health plan w
  999. SB434 - Health insurance; coverage for mental health and substance use disorders, report.
       Patron(s): Barker
       Summary: Health insurance; coverage for mental health and substance use disorders; report. Requires the State Corporation Commission's Bureau of Insurance, in its report regarding denied claims, complaints, appeals, and network adequacy involving mental health and substance abuse disorder coverage, to include a summary of certain comparative analyses from health carriers related to mental health parity and an explanation of whether the analyses were considered compliant and any corrective actions required of the health carrier by the Bureau. The bill also changes the annual deadline for such report fro
  999. SB449 - Qualified health plans; state-mandated health benefits.
       Patron(s): Boysko
       Summary: Qualified health plans; state-mandated health benefits. Authorizes a qualified health plan offered on the Virginia Health Benefit Exchange to provide state-mandated health benefits that are not provided in the essential health benefits package. Under current law, qualified health plans are prohibited from providing such state-mandated health benefits. This bill is identical to HB 431.
  999. SB469 - Virginia Health Benefit Exchange; annual marketing plan.
       Patron(s): McClellan
       Summary: Virginia Health Benefit Exchange; marketing. Requires the Virginia Health Benefit Exchange to prepare an annual marketing plan that includes consumer outreach, licensed health insurance agents, and navigator programs. As introduced, this bill was a recommendation of the Joint Commission on Health Care. This bill is identical to HB 312.
  999. SB549 - Group health benefit plans; bona fide associations, benefits consortium.
       Patron(s): Dunnavant
       Summary: Group health benefit plans; bona fide associations; benefits consortium. Provides that certain trusts constitute a benefits consortium and are authorized to sell health benefits plans to members of a sponsoring association that is a nonstock corporation, has five or more members participating in one or more benefits plans, has been formed for purposes other than obtaining or providing health benefits, and operates as a nonprofit entity under § 501(c)(6) of the federal Internal Revenue Code. The bill provides that a person may be a member of sponsoring association if he conducts business operat

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