2003 GENERAL ASSEMBLY SESSION

VCAL eFOCUS (2/20/03)

Just a few days remain remains in the 2003 General Assembly, with the budget as the major focus of this years session.  The House Appropriations and the Senate Finance Committees reported its own version of the budget on February 2. 

Of importance to assisted living facilities (ALFs) is the inclusion of an increase in the Auxiliary Grant Program in the Senate version, which raised the payment rate by $17 per month or $1.4 million total funds (no Federal match is available).  However, the House did not address Auxiliary Grant funding in their version.  Both committees restored significant amounts of nursing facility Medicaid funds cut in Governor Warners introduced budget which was announced on December 20, 2002.  House and Senate leadership have appointed Budget Conferees to iron out the differences between the two budgets.  The nine senior negotiators - five delegates and four senators - must reach a deal by the first deadline set for midnight, Tuesday, February 18.  The General Assembly must pass a final Budget Bill and all other bills by Saturday, February 22.

While few bills introduced in the 2003 session directly affect ALFs, one of the measures specifically relates to Hospice programs as licensed ALFs.  HB2772 (Morgan).  originally provided that a hospice program, which generally provides home and community based care for individuals in the final stages of illness, could operate a residential hospice facility.  The bill was amended to clarify that an entity licensed as a hospice could also be a licensed assisted living facility and provide hospice care.  It has successfully passed through the House and is now being heard by the full Senate.

An additional bill introduced by Delegate Morgan, HB1820, mandates that every health regulatory board which posts addresses of record for health professionals must give the person the option of having his address of record omitted from internet posting.  The purpose of the bill is to protect the privacy and security of health professionals.  The bill has passed the House and the Senate and now awaits the Governors signature.

Several bills were introduced in the session that would have amended the barrier crimes under which ALFs and NFs are required to operate.  These bills failed to pass.  Among them was HB2332 (Bland), which would have eliminated the barrier crime statute that prevents those convicted of felonies from being employed in child care, adult care, education, nursing, mental health, mental retardation and substance abuse fields.  The bill was defeated in committee.  Also defeated was SB1062 (Maxwell) which provided that a persons criminal history record could not be released if he was convicted of a misdemeanor or a nonviolent felony and it has been 3 years since he completed his conviction-related obligation.