2006 GENERAL ASSEMBLY UPDATE

VCAL (2/17/2006)

We are now completing the week of Crossover when the Senate and House finished action on the bills that originated in their house.  After Crossover, each house can only consider bills that originated in the opposite house, except for revenue and appropriations bills.  While there were a number of bills introduced this year directed toward assisted living facilities that would have had a fiscal and regulatory impact, through a collaborative effort we have been successful in amending the bills or having them carried over until further study can be completed for the 2007 legislative session. 

Two bills, SB421 (Hanger) and HB1587 (Hurt), are of particular importance to long term care providers.  These two measures will require national criminal background checks for all paid employees in licensed child and adult care programs, including assisted living facilities and nursing homes, home health agencies, and hospice providers.  Each bill has an effective date of July 2007 to allow time for a task force to work out the details of complying with the requirement for the FBI fingerprinting.  Currently, employees must undergo a criminal background check through the states Central Criminal Records Exchange to determine convictions related to specific barrier crimes.  SB421 was introduced at the request of the Attorney General.  Numerous meetings have taken place with representatives from the Attorney Generals office, affected stakeholders and the bills patrons to reach agreement on amendments.  The fiscal impact of requiring a national criminal background check will be addressed by the task force expected to convene over the summer. 

In addition, a budget amendment was introduced by Senator Wampler to delay enforcement (temporarily suspend implementation) of the emergency regulations currently in effect until sufficient funding is available to ALF providers.  Members of the ALF Collaborative have developed substitute language to offer Senator Wampler that would address the major issues that providers have identified with the emergency regulations.  The revised amendments direct the Department of Social Services to suspend certain sections of the regulations that exceed the intent of the law passed in the 2005 General Assembly which overhauled the regulatory structure for ALFs.  A budget amendment has also been introduced to increase the Auxiliary Grant Rate.