Legislative Affairs

Virginia Association of Centers for Independent Living (VACIL)

2024 LEGISLATIVE TRACKING – Virginia General Assembly, January 12, 2024

 

All legislation and current status: http://lis.virginia.gov/

Upcoming legislative meetings: https://lis.virginia.gov/cgi-bin/legp604.exe?241+oth+MTG

Delegate contact info: https://virginiageneralassembly.gov/house/members/members.php

Senator contact info: https://apps.senate.virginia.gov/Senator/index.php

Budget information: https://budget.lis.virginia.gov/

HB-House Bill, SB-Senate Bill, HJ-House Joint Resolution, SJ-Senate Joint Resolution

 

Legislation, Patron Description Committee Status
HB1, Ward Increase minimum wage to $13.50 January 1, 2015, to $15 January 1, 2026. Commerce & Labor
HB8, Ware Establishes the right of a medical practitioner, health care institution, or health care payer not to participate in or pay for any medical procedure or service that violates such medical practitioner’s, health care institution’s, or health care payer’s conscience. Health & Human Services, Subcomm Health Professions

HB43, Thomas

SB605,  Subramanyam

Expands the definition of disability for purposes curbside voting to voters with any permanent or temporary disability. Privileges & Elections
HB75, Hope DSS to apply for federal benefits foster care children may be eligible for, prohibit use of those federal benefits to pay for care & support the Commonwealth is responsible for, and conserve funds in a trust or other protected account. Health & Human Services

HB115, Sullivan

SB290, Roem

Require guardians and conservators to file annual reports using a form provided by the Commonwealth. Courts of Justice
HB127, Watts DMAS to disregard Social Security Disability Income be disregarded in calculating eligibility for Medicaid 1915(c) home and community-based waivers. Health & Human Services
HB131, Convirs-Fowler Dept of Education to establish a pandemic recovery task force to examine negative impacts of the COVID-19 pandemic & provide recommendations to schools. Education
HB218, Orrock Requires a provider to continue health care services to insurance enrollees for at least 90 days from the date of a provider’s termination from the carrier’s provider panel, except when a provider is terminated for cause. Includes Medicaid providers. Health & Human Services
HB248, Glass Establish regulations for licensure of an autonomous agent defined as “software or hardware that operates independently, without real-time human intervention, and is capable of performing tasks that, when executed by a human, would require licensure by a regulatory board”. General Laws
HB256, Mundon King Removes requirements that home health workers work on average at least 20 hours per week or 90 hours per month to be eligible for paid sick leave. Labor & Commerce
HB275, Helmer Establish limitations on public utilities and cooperatives that provide electric, gas, or water or wastewater services to terminate service to residential customers who provides certification that the customer has a serious medical condition. Labor & Commerce

HB291, Cherry

Same as SB24

Expands authority of nursing facilities to complete Medicaid screening for placement in the facility. Health & Human Services
HB313, Hope Require a report of investigations of abuse or neglect at state psychiatric hospitals. Health & Human Services
HB327, Feggans Amend the State Rental Assistance Program guidelines to allow for up to 175 percent rental assistance for eligible individuals. Health & Human Services
HB348, Ward Provides for expanding and ongoing requirements for sick leave for certain home health workers Labor & Commerce
HB441, Bennett-Parker and Shin Expands the definition of disability for purposes curbside voting to voters with any permanent or temporary disability. Includes training requirements on this. Privileges & Elections
HB499, Cohen Eliminate requirements for face-to-face visits for some Medicaid consumer-directed services. Maintains requirement for face-to-face visits for initial and re-assessments. Health & Human Services
HB501, Cohen Schools to maximize the opportunity for students with mobility disabilities to evacuate the school building alongside their non-disabled peers. Education
HB515, Hope DBHDS provided authority to discharge persons with DD from a state hospital or training center over objections of the CSB or guardian. Requires discharge training for state hospital and CSB staff. Health & Human Services
HB569, Henson Employers to notify employees who allege discrimination that a charge may be filed with the EEOC or the Office of the Attorney General within 300 days after the alleged unlawful discriminatory practice occurred. Labor & Commerce

HB570, Delaney

SB274, Deeds

Prescription Drug Affordability Board and Fund established to address the high of prescription drugs. Health & Human Services

HB577, Runion

SB610, Suetterlein

DMAS to allow a DD Waiver slot to be retained for 365 days after the slot was assigned in the individual. Health & Human Services

HB593, Sickles

HB1064, Willett

DMAS to add coverage for neurobehavioral and neurorehabilitation facilities and a home and community-based waiver for people with traumatic brain injuries and neurocognitive disorders. Work group to be established. Health & Human Services
HB594, Sickles DMAS to add coverage for services provided by certified community health workers. Workgroup to be convened. Health & Human Services
HB598, Price Waiting period increase from 5 days to 14 days after written notice to terminate lease for nonpayment of rent before landlord may pursue remedies for termination of lease General Laws
HB618, Price Department of Education and local schools to review physical accessibility of schools and develop a report on findings. Rules

HB667, Freitas

HB1164, Scott, P.A.

Virginia Education Success Account established for students not enrolled in public schools. Accounts to include % of Standards of Quality, per pupil share of state sales tax funding in basic aid, and a share of state special education funding for that student. Students with disabilities would be considered a private parental placement. Education
HB721, Clark Permit localities to adopt anti-rent gouging provisions. Counties, Cities & Towns

HB729, Sickles

SB620, Pillion

Permit PACE programs to conduct long term care screening for people seeking admission to a PACE program. Health & Human Services
HB733, Sewell Permit localities to adopt rent stabilization provisions for people 60 years or older. pending
HB786, Hope Allows a person subject to guardianship or conservatorship who is not represented by counsel to initiate the process to be restored to capacity or have such guardianship or conservatorship modified or terminated by informal communication to the court by any means, including by informal letter, telephone call, email, or in-person visit, in lieu of the petition requirement specified under current law. pending
HB796, Hope Department of Elections to establish an electronic transmission system through which a military or overseas voter or voter with a disability may request, receive, and return a ballot. pending
HB817, McClure Adds actions to the list of prohibited retaliatory actions by a landlord against a tenant under the Virginia Residential Landlord and Tenant Act and Manufactured Home Lot Rental Act and specifies actions by a tenant for which a landlord may not retaliate. pending

HB858, Hope

SB280, Hashmi

Allows an adult diagnosed with a terminal condition to request and an attending health care provider to prescribe a self-administered controlled substance for the purpose of ending the person’s life. pending
HB908, Shin DMAS to disregard Social Security Disability Insurance (SSDI) income above the maximum monthly Supplemental Security Income (SSI) when determining financial eligibility for the DD Waivers. pending
HB909, Shin DMAS to amend the CCC Plus and DD Waivers to (i) allow legally responsible individuals (LRIs) with more than one waiver-receiving child to receive reimbursement for 40 hours of work per week per child receiving a waiver, (ii) eliminate the requirement that, in order for LRI to receive reimbursement for personal care services, no one else be available to provide services to the member, (iii) allow for respite services when the LRI is the paid caregiver, and (iv) LRI or stepparent to be the employer of record. pending
HB982, Tran DMAS to cover screenings for hearing loss, audiological exams, hearing aids and hearing aid batteries for adults. pending
HB1021, Wilt DMAS to allow CSBs discretion to convert allocated Community Living (CL) Waivers to Family and Individual Support Waivers and Building Independence Waivers if the CL Waivers are not being utilized and will not be utilized in the foreseeable future. pending
HB1040, Bennett-Parker A member of a public body who is a person with a disability or a caregiver and uses remote participation counts toward the quorum for the meeting. Such person who is using remote participation may vote on matters before the public body. pending

HB1078, Rasou

SB419, Head

Creates income tax credit (50% of eligible expenditures up to $1,000) for expenses incurred in caring for a family member requiring assistance with one or more activities of daily living. pending
HB1084, Carr Extends from 6 to 12 months the duration DMV may issue a temporary placard to a person with a disability. Adds eligibility for a person for whom there is a “concern for his safety while walking”. Eliminates the fee for disabled parking placards. pending

HB1089, Coyner

SB220, Favola

Changes to education responsibilities including: defining IEP; retention of records for at least 75 years; professional development to support inclusive settings; employ parent engagement specialists; 8 regional special education parent support centers; State Parent Ombudsman for Special Education track and report on concerns and questions; development of an IEP writing, facilitation, tracking, and transfer system;  higher ed to require coursework for to prepare teachers for inclusive settings. pending
HB1137, Cordoza Allows an individual who claims an income tax subtraction for disability income to also claim an income tax deduction for taxpayers age 65 and older. pending
HB1140, Cordoza DMAS to remove or lower any asset limits related to Medicaid eligibility. pending
HB1163, Sickles Changes the standard for being denied a driver’s license or having a driver’s license reviewed or revoked for medical reasons by removing language regarding the presence of a disability or disease. The bill requires any such denial, review, or revocation to be based on the driver’s ability, or lack thereof, to control a vehicle. pending
HB1165, Sickles Language added to Virginians with Disabilities Act regarding public accommodations. pending
HB1186, Tran Two-year pilot program to enhance accessibility for individuals with limited mobility in Virginia’s state parks by providing all-terrain power wheelchairs that may be used by such persons during their visits. pending
HB1193, Earley Development of a state recruitment policy designed to provide guidance to state agencies on how to remove postsecondary degree requirements from hiring considerations and recruit employees utilizing appropriate baseline requirements. pending
HB1212, Scott, P.A. Requirement to offer virtual assessment administration as an alternative method of Standards of Learning assessment based on the IEP. Permits the Board of Education to offer virtual assessment administration as an alternative for any student. pending
HB1222, Higgins Adds developmental disability to the list of who can vote curbside. pending

HB1246, Willett

SB547, Bagby

Dept of Criminal Justice Services to establish in-service training standards for law-enforcement officers on communicating with individuals with autism. pending
HB1253, McClure Localities that have adopted an affordable dwelling unit ordinance may require a percentage of units built by a developer are compliant with the appropriate federal requirements for accessibility and usability for persons with a physical disability. pending

HB1282, Wilt

HB1318, Cole

DMAS to amend the CCC Plus and DD Waivers to eliminate the requirement that, in order for LRI to receive reimbursement for personal care services, no one else be available to provide services to the member. pending
HB1283, Willett Require a protocol for individualized accommodations and supports during emergency situations at school and a step-by-step guide on how to execute such protocol to be included in IEPs and 504 plans. pending
HB1347, Srinivasan Prohibits a health carrier from imposing any copayment, coinsurance, or deductible for the diagnosis of autism and the treatment of autism for individuals who are age 18 or younger. pending
HJ17, Cole Establish July as Disability Pride Month. pending
HJ22, Walker Joint Legislative Audit and Review Commission to study the capacity and condition of skilled nursing, long-term care, and community care facilities. pending
SB1, Lucas Increase minimum wage to $13.50 January 1, 2015, to $15 January 1, 2026. Commerce & Labor

SB24, Locke

Same as HB291

Expands authority of nursing facilities to complete Medicaid screening for placement in the facility. Education & Health
SB43, Favola Establish ombudsman program at the disAbility Law Center of Virginia to respond to questions regarding state-operated programs that provide services to persons with disabilities. Finance & Appropriations
SB51, Favola Dept for Aging and Rehabilitative Services to ensure that online resources are available and disseminated to all individuals of age to transition from school to post-school activities and their families. In Senate
SB59, Favola DMAS to convene a work group to study and make recommendations to improve access to and successful utilization of the federal Medicaid Works program. Rules
SB60, Favola Development of guidelines for IEP teams to consider the need for age and developmentally appropriate instruction related to sexual health, self-restraint, self-protection, respect for personal privacy, and personal boundaries of others. Education & Health, Subcomm on Public Education recommends reporting
SB91, Favola Requires employers to provide paid sick leave to home health workers who provide Medicaid and other public providers of agency-directed services. Commerce & Labor
SB149, Suetterlein DMAS to amend the CCC Plus and DD Waivers to: 1. eliminate the requirement that, in order for LRI to receive reimbursement for personal care services, no one else be available to provide services to the member, 2. allow respite services when the LRI is the paid caregiver; and 3. LRI or stepparent to be the employer of record. Education & Health
SB187, Subramanyam Dept of Education to develop a plan for revised special education staffing requirements. Rules

SB220, Favola

HB1089, Coyner

Changes to education responsibilities including: defining IEP; retention of records for at least 75 years; professional development to support inclusive settings; employ parent engagement specialists; 8 regional special education parent support centers; State Parent Ombudsman for Special Education track and report on concerns and questions; development of an IEP writing, facilitation, tracking, and transfer system;  higher ed to require coursework for to prepare teachers for inclusive settings. Education & Health

SB274, Deeds

HB570, Delaney

Prescription Drug Affordability Board and Fund established to address the high of prescription drugs. Education & Health

SB290, Roem

HB115, Sullivan

Require guardians and conservators to file annual reports using a form provided by the Commonwealth. Courts of Justice
SB291, Roem Dept for Aging and Rehabilitative Services to develop and provide training for court-appointed guardians. Rehab & Social Services
SB292, Roem Guardian ad litem to consider the prospective guardian’s or conservator’s work as a professional guardian, their expected capacity as a guardian, and whether they are named as a perpetrator in any substantiated APS complaint involving the respondent. Courts of Justice
SB293, Roem Guardian and conservator shall avoid all conflicts and appearances of interest and self-dealing when addressing the needs of the incapacitated person to whom the guardian or conservator owes a fiduciary duty. Courts of Justice
SB312, Salim and Hashmi Establishes the Office of the Independent Living Community Ombudsman at DARS with the purpose of receiving, recording, and responding to concerns related to independent living communities. Finance & Appropriations
SB405, Boysko Requires landlords subject to the Virginia Residential Landlord and Tenant Act, prior to collecting any fee, deposit, or information from an applicant, to provide such applicant a fee disclosure statement containing the amount and purpose of each fee or deposit that may be charged to an applicant. Rules

SB419, Head

HB1078, Rasou

 

Creates income tax credit (50% of eligible expenditures up to $1,000) for expenses incurred in caring for a family member requiring assistance with one or more activities of daily living. Finance & Appropriations
SB507, Surovell Requires sick leave for agency-directed Commerce & Labor

SB547, Bagby

HB1246, Willett

Dept of Criminal Justice Services to establish compulsory in-service training standards for law-enforcement officers on communicating with individuals with autism. Courts of Justice
SB570, Ebbin Adds “government, or political subdivision” to employment provisions of the Virginians with Disabilities Act. General Laws & Technology

SB605,  Subramanyam

HB43, Thomas

Expands the definition of disability for purposes curbside voting to voters with any permanent or temporary disability. Privileges & Elections

SB610, Suetterlein

HB577, Runion

DMAS to allow a DD Waiver slot to be retained for 365 days after the slot was assigned in the individual. Education & Health

SB620, Pillion

HB729, Sickles

Permit PACE programs to conduct long term care screening for people seeking admission to a PACE program. Education & Health

 

Disability Issues – Virginia General Assembly 2024

Webinars

1:00pm

January 10, January 17, January 31, January 24, February 7, February 14

 

The Virginia Association of Centers for Independent Living (VACIL) will hold several webinars to discuss state legislation addressing disability issues. Each webinar is expected to be 15-60 minutes. Disability organizations are invited to provide information about their issues.

 

Register for the webinars at https://us02web.zoom.us/meeting/register/tZwvcuGtqj8qHtQtt4Eg-lCXEzTL9wtwxauz

 

After registering, you will receive a confirmation email containing information about joining the Zoom meetings.

 

The webinars are open to people with disabilities and other advocates.