GENERAL ASSEMBLY NEWS

VCAL eFocus (January 2004)

Although Friday January 23 was the last day for legislators to introduce legislation in the 2004 session, bills are still being printed.   The Association continues to monitor bills to assess the impact on ALFs and other long term care providers.  This year there are a number of bills introduced in response to lack of power after Hurricane Isabel, the ice storms of 2003, and fires in homes for the elderly in other states.  Among them is HB891 that would require the Commissioner of Social Services to notify electric utilities in Virginia of the location of all licensed ALFs on a quarterly basis.  SB181, introduced by Senator Blevins, and SB292 (OBrien) would require the State Board of Social Services to promulgate emergency regulations to require installation of emergency electrical systems in ALFs.   During Hurricane Isabel a large number of ALFs in Senator Blevins District had made no advance provision for electrical systems which resulted in lack of power for oxygen generators and refrigeration for medications for their residents.  

Companion bills HB952 (Ebbin) and SB318 (Howell) will revise the current adult protective services law related to the reporting and investigation of suspected adult abuse, neglect or exploitation.  VHCA/VCAL has worked with the Administration and other stakeholders to amend the bill which would expand the current list of mandated reporters, require reporting to law enforcement under certain circumstances and establish the Adult Protective Services Trust Fund to collect civil penalties for failure to report.  The measure also creates an Adult Fatality Review Team to be chaired by the Chief Medical Examiner.  This team would be modeled after the current Child Fatality Review Team.  The bills are scheduled to be discussed in House and Senate Committees.

HB424 (Watts) will require special regulations to be developed by the Department of Social Services and the Department of Mental Health, Mental Retardation and Substance Abuse Services for ALFs that serve residents with serious mental illness, mental retardation or substance abuse problems.   The bill responds to HJR199 introduced by Delegate Watts in 2000 which studied the development of a joint licensing methodology or singular licensing entity for residential services for adults with mental disabilities or substance abuse problems.  The workgroup convened to study the issue recommended adopting a cooperative regulatory methodology and steps that the agencies could take to implement joint licensing.   Delegate Watts has requested that the bill be carried over to the 2005 Session to allow time for the agencies to develop a regulatory means to achieve the intent of the measure.