TITLE: Virginia (S02) Committee Docket — 2024-01-22 DATE: 2024-01-22T00:00:00 SESSION: 2024 Regular (20241) CHAMBER: Senate SOURCE_API: https://lis.virginia.gov/Calendar/api/GetDocketsByIdAsync?docketID=19352 COMMITTEE_PAGE: https://lis.virginia.gov/committee-details?committeeId=23&sessionCode=20241 COMMITTEE MEMBERS: - R. Creigh Deeds (D) Chair STAFF: Horton, Andrew, Hobie Lehman, Thomas Stevens DOCKET / AGENDA: [Senate Bill in Committee] 999. SB87 - Health insurance provider panels; incentives for mental health services. Patron(s): Favola Summary: Health insurance provider panels; incentives for mental health services. Allows a provider panel contract between a carrier and a primary care provider to include provisions that promote comprehensive screening using evidence-based tools for mental health needs and appropriate referrals by primary care providers to mental health services that may be provided on-site, via telehealth on site, or through an off-site referral. 999. SB91 - Paid sick leave; home health workers providing agency-directed services. Patron(s): Favola Summary: Paid sick leave; home health workers providing agency-directed services. Requires employers to provide paid sick leave to home health workers who provide agency-directed services. Under current law, employers are only required to provide paid sick leave to home health workers who provide consumer-directed services. The bill provides that "employer" includes the Commonwealth, any of its agencies, institutions, or political subdivisions, and any public body. 999. SB98 - Health insurance; if prior authorization request is approved for prescription drugs. Patron(s): Favola Summary: Health insurance; prior authorization. Requires that any provider contract between a carrier and a participating health care provider contain specific provisions that require that if a prior authorization request is approved for prescription drugs and such prescription drugs have been scheduled, provided, or delivered to the patient consistent with the authorization, the carrier shall not revoke, limit, condition, modify, or restrict that authorization unless (i) there is evidence that the authorization was obtained based on fraud or misrepresentation; (ii) final actions by the U.S. Food and D 999. SB118 - Health insurance; coverage for doula care services. Patron(s): Locke Summary: Health insurance; coverage for doula care services. Requires health insurers, corporations providing health care subscription contracts, and health maintenance organizations whose policy, contract, or plan includes coverage for obstetrical services to provide coverage for doula care services provided by a state-certified doula. The bill requires such coverage to include coverage for at least eight visits during the antepartum or postpartum period and support during labor and delivery. The bill provides that health insurance carriers are (i) not required to pay for duplicate services actually r 999. SB166 - Financial institutions; consumer has option of completing certain payments electronically. Patron(s): Reeves Summary: Financial institutions; certain payments required electronically. Requires any financial institution that initiates an electronic fund transfer as payment for the sale to a consumer of a security issued by such financial institution to make available to the consumer the option of completing any payment of principal, interest, dividend, or other distribution related to the security via an electronic fund transfer. 999. SB174 - Financial institutions; reporting financial exploitation of elderly or vulnerable adults. Patron(s): Favola Summary: Financial institutions; reporting financial exploitation of elderly or vulnerable adults. Permits a financial institution to allow an elderly or vulnerable adult, as defined in the bill, to submit and periodically update a list of trusted persons whom such financial institution or financial institution staff, as defined in the bill, may contact in the case of the suspected financial exploitation of such adult. The bill also permits a financial institution to conduct a training to instruct its staff on how to identify and report the suspected financial exploitation of an elderly or vulnerable a 999. SB202 - Health insurance; disclosure of summary health information. Patron(s): Diggs Summary: Health insurance; disclosure of summary health information. Requires, to the extent permitted by various protected health information privacy laws, a group health plan that has 50 or more participants to disclose information that summarizes the claims history, claims expenses, or type of claims experienced by individuals for whom a plan sponsor has provided health benefits under a group health plan to the plan sponsor if the plan sponsor requests the summary health information for the purposes of (i) obtaining premium bids from health plans for providing health insurance coverage under the gro 999. SB238 - Health insurance; coverage for contraceptive drugs and devices. Patron(s): Hashmi Summary: Health insurance; coverage for contraceptive drugs and devices. Requires health insurance carriers to provide coverage, under any health insurance contract, policy, or plan that includes coverage for prescription drugs on an outpatient basis, for contraceptive drugs and contraceptive devices, as defined in the bill, including those available over-the-counter. The bill prohibits a health insurance carrier from imposing upon any person receiving contraceptive benefits pursuant to the provisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. This bill is 999. SB241 - Workers' compensation; notice of right to dispute claim. Patron(s): McPike Summary: Workers' compensation; notice of right to dispute claim. Requires that when an employee's workers' compensation claim is denied, an employer or insurer shall include in its letter denying benefits a notice that the employee has a right to dispute the claim denial through the Virginia Workers' Compensation Commission. 999. SB256 - Motor vehicle insurance; remedies for bad faith for refusal of claims. Patron(s): Surovell Summary: Motor vehicle insurance claims; bad faith. Provides that if an insurance company licensed in the Commonwealth to write motor vehicle insurance (i) denies, refuses, fails to pay, or fails to make a timely and reasonable settlement offer to its insured under the provisions of any uninsured or underinsured motorist benefits coverage in a policy of motor vehicle insurance applicable to the insured after the insured has become legally entitled to recover or (ii) after all applicable liability policy limits and underlying uninsured and underinsured motorists benefits have been tendered or paid, reje 999. SB257 - Insurance; annual actual loss ratio report by dental carriers. Patron(s): Surovell Summary: Insurance; dental carriers; annual report. Requires each dental carrier, beginning in 2025, to annually, on or before April 30, file with the State Corporation Commission a report that includes the actual loss ratio, defined in the bill, for the preceding calendar year and any such other information as the Commission may require. The bill requires the Commission to post such reports on its website. The bill requires the Bureau of Insurance to evaluate the effectiveness of informing the public on the information being reported and to make recommendations, if any, on the continuation or modifica 999. SB360 - Employment; definitions, covenants not to compete prohibited, limitations, civil penalty. Patron(s): VanValkenburg Summary: Covenants not to compete; health care professionals; civil penalty. Adds health care professionals as a category of employee with whom no employer shall enter into, enforce, or threaten to enforce a covenant not to compete. The bill defines "health care professional" as any physician, nurse, nurse practitioner, physician's assistant, pharmacist, social worker, dietitian, physical and occupational therapist, professional counselor, behavior analyst, assistant behavior analyst, or medical technologist authorized to provide health care services in the Commonwealth. The bill provides that any empl 999. SB370 - Employer seeking wage or salary history of prospective employees; prohibited. Patron(s): Boysko Summary: Prohibiting employer seeking wage or salary history of prospective employees; wage or salary range transparency; cause of action. Prohibits a prospective employer from (i) seeking the wage or salary history of a prospective employee; (ii) relying on the wage or salary history of a prospective employee in determining the wages or salary the prospective employee is to be paid upon hire; (iii) relying on the wage or salary history of a prospective employee in considering the prospective employee for employment; (iv) refusing to interview, hire, employ, or promote a prospective employee or otherwi 999. SB373 - Paid family and medical leave insurance program; notice requirements, civil action. Patron(s): Boysko Summary: Paid family and medical leave insurance program; notice requirements; civil action. Requires the Virginia Employment Commission to establish and administer a paid family and medical leave insurance program with benefits beginning January 1, 2027. Under the program, benefits are paid to covered individuals, as defined in the bill, for family and medical leave. The bill specifies that covered individuals shall not include state employees, constitutional and other local officers, and employees of local school divisions and that funding for the program is provided through premiums assessed to empl 999. SB374 - Collective bargaining by public employees; labor organization representation. Patron(s): Boysko Summary: Collective bargaining by public employees; labor organization representation. Repeals the existing prohibition on collective bargaining by public employees. The bill creates the Public Employee Relations Board, which shall determine appropriate bargaining units and provide for certification and decertification elections for exclusive bargaining representatives of state employees and local government employees. The bill requires public employers and employee organizations that are exclusive bargaining representatives to meet at reasonable times to negotiate in good faith with respect to wages, 999. SB376 - Health insurance; limit on cost-sharing payments for prescription drugs under certain plans. Patron(s): Boysko Summary: Health insurance; limit on cost-sharing payments for prescription drugs under certain plans. Requires each carrier that offers a health plan in either the individual or small group market to ensure that at least 50 percent of all health plans offered by the carrier, or at least one health plan if the carrier offers fewer than two health plans, in each rating area and in each of the bronze, silver, gold, and platinum levels of coverage in the individual and small group market conform with the following: (i) a plan that offers a silver, gold, or platinum level of coverage limits a person's cost- 999. SB381 - Unemployment compensation; employer's failure to respond to requests for information, etc. Patron(s): Ebbin Summary: Unemployment compensation; employer failure to respond to requests for information; claim determination; notice requirements. Provides that an employer's account shall not be relieved of charges relating to an erroneous payment if the Virginia Employment Commission determines that (i) the employer has failed to respond timely or adequately to a written request for information related to the claim and (ii) the employer has established a pattern of failing to respond timely or adequately to such requests, as described in the bill. The bill requires the Commission to provide written notice for ea 999. SB382 - Unemployment compensation; collection of overpayments, limitations. Patron(s): Ebbin Summary: Unemployment compensation; collection of overpayments; limitations. Provides that collection activities for an overpayment, provided that such overpayment was not caused by fraud on the part of the claimant, shall be suspended and that the Virginia Employment Commission shall determine as uncollectable and discharge the overpayment if it remains unpaid after the earliest of the following: (i) after the expiration of five years from the last day of the benefit year in which the overpayment was made, (ii) immediately upon the death of the claimant, (iii) upon the claimant's discharge in bankrupt 999. SB425 - Health insurance; ethics and fairness in carrier business practices. Patron(s): Favola Summary: Health insurance; ethics and fairness in carrier business practices. Makes various changes to requirements governing the business practices of health carriers in the processing and payment of claims. The bill prescribes criteria for what constitutes a "clean claim." The bill prohibits a carrier from imposing any retroactive denial of a previously paid claim or in any other way seeking recovery or refund of a previously paid claim unless the carrier specifies in writing the specific claim or claims for which the retroactive denial is to be imposed or the recovery or refund is sought and the car 999. SB494 - Live-in domestic workers; overtime pay for certain employees. Patron(s): Aird Summary: Overtime for certain employees; live-in domestic workers. Adds individuals who are employed in domestic service in a household and reside in such household to provisions related to overtime pay. 999. SB507 - Health care providers & grocery store workers; employers to provide paid sick leave, effective date. Patron(s): Surovell Summary: Paid sick leave; health care providers and grocery store workers. Requires employers to provide paid sick leave to health care providers and grocery store workers. Under current law, employers are only required to provide paid sick leave to certain home health workers. The bill removes requirements that workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. The bill provides that certain health care providers may waive their right to accrue and use paid sick leave and provides an exemption for employers of certain other health care provider 999. SB520 - Workers' compensation; injuries caused by repetitive and sustained physical stressors. Patron(s): Williams Graves Summary: Workers' compensation; injuries caused by repetitive and sustained physical stressors. Provides that, for the purposes of the Virginia Workers' Compensation Act, "occupational disease" includes injuries or diseases from conditions resulting from repetitive and sustained physical stressors, including repetitive and sustained motions, exertions, posture stresses, contact stresses, vibrations, or noises. The bill provides that such injuries or diseases are covered under the Act and that such coverage does not require that such repetitive or sustained physical stress occurred over a particular tim 999. SB536 - Unemployment compensation; continuation of benefits, repayment of overpayments. Patron(s): Bagby Summary: Unemployment compensation; continuation of benefits; repayment of overpayments. Reinstates provisions of the Code that expired on July 1, 2022, relating to unemployment compensation. The bill provides that when a claimant has had a determination of initial eligibility for unemployment benefits, as determined by the issuance of compensation or waiting-week credit, payments shall continue, subject to a presumption of continued eligibility, until a determination is made that provides the claimant notice and an opportunity to be heard. The bill requires the Virginia Employment Commission to waive 999. SB542 - Unemployment insurance; benefit eligibility conditions, lockout exception, etc. Patron(s): Bagby Summary: Unemployment insurance; benefit eligibility conditions; lockout exception to labor dispute disqualification. Amends the Virginia Unemployment Compensation Act's labor dispute disqualification to provide that a lockout by an employer shall not constitute a labor dispute and that locked-out employees who are otherwise eligible for benefits shall receive such benefits unless (i) the recognized or certified collective bargaining representative of the locked-out employees refuses to meet under reasonable conditions with the employer to discuss the issues giving rise to the lockout, (ii) there is a 999. SB543 - Health insurance; patient access to emergency services, mobile crisis response services. Patron(s): Bagby Summary: Health insurance; emergency services; mobile crisis response services. Provides that emergency services, with respect to an emergency medical condition, include, as it relates to any mental health services or substance abuse services rendered at a behavioral health crisis service provider, (i) a behavioral health assessment that is within the capability of a behavioral health crisis service provider, including ancillary services routinely available to evaluate such emergency medical condition, and (ii) such further examination and treatment, to the extent that they are within the capabilities 999. SB593 - Workers' compensation benefits; post-traumatic stress disorder incurred by firefighters, etc. Patron(s): McPike Summary: Workers' compensation benefits; post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters. Increases from 52 weeks to 104 weeks the maximum duration after the date of diagnosis that workers' compensation benefits are payable for post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters acting in the line of duty. 999. SB623 - Firefighters and emergency medical services; collective bargaining by providers. Patron(s): Lucas Summary: Collective bargaining by firefighters and emergency medical services providers. Authorizes firefighters and emergency medical services providers employed by a political subdivision of the Commonwealth to engage in collective bargaining through labor organizations or other designated representatives. The bill provides for the appointment of a three-member board of arbitration regarding any dispute arising between an employer and firefighters or emergency medical services providers. Under the bill, determinations made by such board of arbitration are final on a disputed issue and are binding on 999. SB655 - Virginia Employment Commission; appeals proceedings, appeal tribunals and Board of Review. Patron(s): DeSteph Summary: Virginia Employment Commission; appeals proceedings; appeal tribunals and Board of Review; repeal. Specifies that any determination made by the Virginia Employment Commission in regard to any amount required to be deducted and withheld from unemployment compensation for purposes of child support obligations is final. The bill contains a number of technical amendments related to the Commission's appeals proceedings. The bill also repeals provisions related to appeal tribunals and the Commission-appointed Board of Review and contains technical amendments. This bill is identical to HB 1453.