Del. J.R. Henson

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 one health plan in each of the bronze, silver, gold, and platinum levels of coverage in each rating area in the individual and small group market conform with the following: (i) a plan that offers a platinum level of coverage shall limit a person's cost-sharing payment for prescription drugs covered under the plan to an amount that does not exceed $150 per 30-day supply of the prescription drug; (ii) a plan that offers a gold level of coverage shall limit a person's cost-sharing payment for prescription drugs covered under the plan to an amount that does not exceed $200 per 30-day supply of the prescription drug; (iii) a plan that offers a silver level of coverage shall limit a person's cost-sharing payment for prescription drugs covered under the plan to an amount that does not exceed $250 per 30-day supply of the prescription drug; and (iv) a plan that offers a bronze level of coverage shall limit a person's cost-sharing payment for prescription drugs covered under the plan to an amount that does not exceed $300 per 30-day supply of the prescription drug. The bill requires that any plans offered to meet its requirements are (a) clearly and appropriately named to aid the consumer or plan sponsor in the plan selection process and (b) marketed in the same manner as other plans offered by the carrier. The bill's provisions apply to any individual or group accident and sickness insurance policy, any individual or group accident and sickness subscription contract, and any health care plan for health care services delivered, issued for delivery, or renewed in the Commonwealth on or after January 1, 2028. This bill is identical to SB 161.

Department of Medical Assistance Services; state plan for medical assistance services; doula care. Adds provisions related to the provision of doula care under the state plan for medical assistance services specifying that such care includes support during labor and delivery and up to two linkage-to-care incentive payments for doulas.

Prevailing wage rate for public works contracts; localities. Requires each state agency or locality, when procuring services or letting contracts for public works paid for in whole or in part by state or local funds, or when overseeing or administering such contracts for public works, to ensure that its bid specifications or other public contracts applicable to the public works require bidders, offerors, contractors, and subcontractors to pay wages, salaries, benefits, and other remuneration to any mechanic, laborer, or worker employed, retained, or otherwise hired to perform services in connection with the public contract for public works at a rate no less than the prevailing wage rate. The bill also amends the definition of "public works" to include work performed at certain institutions of higher education and to exclude work performed at a non-governmental property or facility used to provide broadband or other telecommunications services. Under the bill, a contractor or subcontractor may be liable to the Commissioner of Labor and Industry for liquidated damages for violating the prevailing wage requirements in the bill. Under the bill, any interested party shall have standing to challenge bid specifications, project agreements, or other public contracts for public works that violate the provisions of the bill. The bill requires institutions of higher education to expressly agree to comply with the public works contract requirements. Under the bill, the Commissioner shall determine the prevailing wage based on a survey of wages and benefits paid in each area, as defined in the bill, conducted every two years. The bill includes factors for the Commissioner to consider in determining a prevailing wage rate. The bill directs the Commissioner to adopt emergency regulations to implement the provisions of the bill. This bill is identical to SB 518.

Manufactured Home Lot Rental Act. Requires landlords subject to the Manufactured Home Lot Rental Act to include, on the first page of a written lot rental agreement, an itemization of all charges to the tenant, along with a statement that states: "No additional security deposits or rent shall be charged unless such security deposits or rent are listed below or incorporated into this rental agreement by way of a separate addendum after the execution of this rental agreement." The bill also prohibits, with certain exceptions, any owner or operator of a manufactured home community from increasing the annual lot rent of a tenant at the time of renewal if the manufactured housing community has received a notice of violation of zoning, building, or fire code or an inspection report listing violations of habitability from the locality where the community operates and the notice of violation remains unresolved. Lastly, the bill requires any manufactured home community operating in the Commonwealth to register with the Department of Housing and Community Development.

Health insurance; coverage for maternal mental health screenings. Requires health insurance carriers to provide coverage for maternal mental health screenings. The bill requires such coverage to include at least one maternal mental health screening to be conducted during pregnancy, at least one additional screening to be conducted during the first six weeks of the postpartum period, and additional medically necessary postpartum screenings. Additionally, the bill provides that coverage for a prescription drug for the treatment of a maternal mental health condition shall not be subject to prior authorization requirements unless there are clinically significant safety or efficacy concerns.

School nurses; sickle cell disease training. Directs local school divisions to require school nurses to complete, within six months of employment and at least every three years thereafter, an online or in-person course of instruction approved by the Board in collaboration with the Department of Health regarding recognition and management of sickle cell disease. This bill is identical to SB 822.

Presidential electors; National Popular Vote Compact. Enters Virginia into an interstate compact known as the Agreement Among the States to Elect the President by National Popular Vote. Article II of the Constitution of the United States gives the states exclusive and plenary authority to decide the manner of awarding their electoral votes. Under the compact, Virginia agrees to award its electoral votes to the presidential ticket that receives the most popular votes in all 50 states and the District of Columbia. The compact goes into effect when states cumulatively possessing a majority of the electoral votes have joined the compact. A state may withdraw from the compact; however, a withdrawal occurring within six months of the end of a President's term shall not become effective until a President or Vice President has qualified to serve the next term. The bill also provides for the manner of appointing electors when such agreement does and does not govern the appointment of electors. This bill is identical to SB 322.

Collective bargaining by public employees; individual home care providers; Virginia Home Care Council established; Public Employee Relations Board established; exclusive bargaining representatives. 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, hours, and other terms and conditions of employment. The bill establishes the Virginia Home Care Council within the Department of Medical Assistance Services to promote the stability of the individual provider workforce in the Commonwealth and tasks the Council with serving as the public employer of individual providers, as defined in the bill, for purposes of collective bargaining pursuant to the bill's provisions. The bill repeals a provision that declares that in any procedure providing for the designation, selection, or authorization of a labor organization to represent employees the right of an individual employee to vote by secret ballot is a fundamental right that shall be guaranteed from infringement. The bill directs the Department of Labor and Industry to promulgate any regulations necessary to effectuate the bill's provisions by July 1, 2028, and provides that upon the establishment of the Public Employee Relations Board, such regulations shall be transferred to the Board. The bill provides that until such regulations are adopted, no petitions or elections shall take place pursuant to the bill's provisions except pursuant to an ordinance or resolution adopted under current law. This bill is identical to SB 378.

Elections; Voting Rights Act of Virginia. Revises provisions of the Voting Rights Act of Virginia (the Act) by (i) clarifying the legal standards for evaluating claims of alleged voter suppression and vote dilution, (ii) providing guidance to the courts to follow when determining whether a violation of the prohibition against voter suppression or vote dilution has occurred, and (iii) outlining the factors that the courts are permitted to consider and those factors that the courts are prohibited from considering. The bill expands the class of persons who may initiate a cause of action for an alleged violation of the Act to include organizations whose membership includes members of a protected class, organizations whose mission would be frustrated by a violation of the Act, and organizations that would expend resources in order to fulfill their mission as a result of a violation of the Act. The population thresholds for a locality to be designated as a covered locality for purposes of minority language accessibility pursuant to the Act are also amended. Current law designates a locality as a covered locality if, in the locality, (a) more than five percent of the voting age population or (b) more than 10,000 of the voting age population are members of a single language minority and are unable to speak or understand English adequately enough to participate in the electoral process; the bill reduces those thresholds from five to three percent and from 10,000 to 5,000. The bill contains technical amendments for organizational purposes.

Certificate of public need; expedited review of certain projects; duties of the State Health Services Plan Task Force. Directs the State Health Services Plan Task Force to develop recommendations for designating areas of the state with an identifiable need for additional projects, taking into account numerous barriers of access to health care. The bill also directs the Board of Health to promulgate updated regulations for expedited application and review processes for certain projects. This bill is identical to SB 239.