Del. David Reid

Health insurance; association health plan for real estate salespersons. Provides that a licensed insurer may issue a policy of group accident and sickness insurance to an association of real estate salespersons (association), which association shall be deemed the policyholder, and that such association health plan is not considered to be insurance and is not subject to the existing requirements for insurance if certain requirements are met. The bill requires that (i) all members of the association be eligible for coverage and membership, including employer members with at least one employee that is domiciled in the Commonwealth or self-employed individuals; (ii) membership in the association not be conditioned on any health status–related factor; (iii) the coverage offered through the association be available to all members regardless of any health status–related factor; (iv) the association not make health insurance coverage offered through the association available other than in connection with a member of the association; and (v) premiums for the policy be paid from funds contributed by the association or associations, or by employer members, or by both, or from funds contributed by the covered persons or from both the covered persons and the association, associations, or employer members. The bill also requires that the association (a) has at the outset a minimum of 25,000 members; (b) has been organized and maintained in good faith for purposes other than that of obtaining insurance; (c) has been in active existence for at least five years; and (d) has a constitution and bylaws that provide that the association hold regular meetings not less than annually to further purposes of the members, that the association collects dues or solicits contributions from members, and that the members have voting privileges and representation on the governing board and committees.The bill provides that any such policy shall (1) be considered a large group market plan subject to all coverage mandates applicable to a large group market plan, (2) be subject to the group health plan coverage requirements under the federal Patient Protection and Affordable Care Act, (3) be prohibited from denying coverage under the policy on the basis of a pre-existing condition, (4) be guaranteed issue and guaranteed renewable, (5) provide essential health benefits and cost-sharing requirements, and (6) offer a minimum level of coverage designed to provide benefits that are actuarially equivalent to 60 percent of the full actuarial value of the benefits provided under the plan.The bill requires an insurer issuing such policy to an association to (A) treat all of the members and employees of employer members who are enrolled in coverage under the policy as a single risk pool; (B) set premiums on the basis of the collective group experience of the members and employees of employer members who are enrolled in coverage under the policy; (C) not vary premiums by age, except that the rate shall not vary by more than four to one for adults; (D) not vary premiums on the basis of gender; (E) not vary premiums on the basis of the health status of an individual employee of an employer member or a self-employed individual member; and (F) not establish discriminatory rules based on the health status of an employer member, an individual employee of an employer member, or a self-employed individual for eligibility or contribution.Finally, the bill provides that a policy that meets certain requirements of the bill is considered to be compliant with the large group market insurance regulations under the federal Public Health Service Act and, as such, the Commonwealth is considered to be substantially enforcing the federal Patient Protection and Affordable Care Act with regard to such policy. The bill requires the State Corporation Commission to regulate the policy in a manner that is consistent with such provisions. The bill provides that, in any case in which a federal agency renders a decision that is contrary to such provisions, notwithstanding any other provision of law, the Attorney General may resolve any difference between federal law and the laws of the Commonwealth. This bill is identical to SB 335.

Lyme disease; signage; instructional resources and materials. Requires the Department of Conservation and Recreation to develop and post in each state park and interstate park signage addressing the appropriate steps a visitor can take to prevent tick bites, how to identify Lyme disease, and where to seek treatment. The bill requires the Department to install such signage first in those areas in the Commonwealth that have been identified as most susceptible to Lyme disease and to complete the installation of such signage in all state parks and interstate parks by January 1, 2028. The bill also requires the Secretary of Education, in collaboration with the Secretary of Health and Human Resources and the Secretary of Natural Resources, to develop instructional resources and materials to assist school boards and local and regional public libraries in establishing an education and awareness program to protect children from Lyme disease and other tick-borne infections. The bill provides that such instructional resources and materials (i) shall be appropriate for individuals of school age; (ii) shall provide information on the identification of ticks, recommended procedures for safe tick removal, and best practices to provide protection from ticks; (iii) may include video productions, pamphlets, and demonstration programs to illustrate the sizes of various ticks, including sizes before and after each variety has become engorged, to assist with the identification of a tick and the reaction on the skin that may result from a tick bite; and (iv) shall be made available to school boards and local and regional public libraries upon request at no charge.

Historical African American cemeteries. Changes the date of establishment that qualifies historical African American cemeteries for appropriated funds to care for such cemeteries from prior to January 1, 1900, to prior to January 1, 1948, and provides that the total number of graves in a qualifying cemetery shall be the number of markers of African Americans who were interred in such cemetery prior to January 1, 1948. Under current law, the total number of graves is the number of markers of African Americans who lived at any time between January 1, 1800, and January 1, 1900. This bill is identical to SB 477.

Appointed school board members; salaries. Permitsany appointed school board to pay each of its members an annual salarythat is consistent with the salary procedures and no more than thesalary limits provided for local governments in relevant law or asprovided by charter, with certain exceptions and conditions. Currentlaw sets a specific maximum dollar amount for the salary of membersof each such appointed school board.

Automatic renewal or continuous service offerto consumer; cancellation and online opt-out. Requires that the supplier of automatic renewals or continuous service offers thatinclude a free trial notify the consumer of the automatic renewalseven days prior to expiration of the free trial and obtain the consumer'saffirmative consent to the automatic renewal beyond the trial period.The bill also requires that suppliers of automatic renewals or continuousservice offers through an online website must make available a conspicuousonline option to cancel a recurring purchase of a good or servicewithin the website by which such purchase was made.

Scenic river designation; North Fork of theShenandoah River. Designates an 8.8-mile portion of the NorthFork of the Shenandoah River as the North Fork of the ShenandoahState Scenic River.

Child abuse and neglect; valid complaint. Amendsthe definition of "abused or neglected child" to include a childwho is sexually exploited or abused by an intimate partner of thechild's parent or caretaker and allows a complaint of child abuseor neglect to be deemed valid by a local department of social services(local department) in such instances. The bill allows a complaintof child abuse or neglect that alleges child trafficking to be deemedvalid regardless of who the alleged abuser is or whether the alleged abuser has been identified. The bill requires a local departmentthat receives a complaint or report of child abuse or neglect overwhich it does not have jurisdiction to forward such complaint orreport to the appropriate local department, if the local departmentthat does have jurisdiction is located in the Commonwealth.

General Powers of local governments; additionalpowers; Commercial Property Assessed Clean Energy (C-PACE) financingprograms. Changes the existing authorization for local governmentsto finance, by ordinance, clean energy, resiliency, and stormwater management programs to authorize the financing of eligible improvementsto eligible properties, as defined in the bill, under C-PACE loanprograms. The bill allows localities to delegate billing, collection,and remittance of C-PACE loan payments to a third party. The billexempts localities that have enacted C-PACE ordinances before July1, 2022, from enforcement.

Commission to Study Slavery and Subsequent DeJure and De Facto Racial and Economic Discrimination Against AfricanAmericans; expiration. Extends from July 1, 2022, to July 1, 2024,the expiration of the Commission to Study Slavery and Subsequent DeJure and De Facto Racial and Economic Discrimination Against AfricanAmericans. The bill also provides for the nonlegislative citizen membersof the Commission to continue to serve for the duration of the extension.This bill is identical to SB 151.

Virginia Literacy Act; early student literacy; evidence-based literacy instruction; science-based reading research. Makes several changes relating to early student literacy, including requiring (i) each education preparation program offered by a public institution of higher education or private institution of higher education or alternative certification program that provides training for any individual seeking initial licensure with an endorsement in a certain area, including as a reading specialist, to demonstrate mastery of science-based reading research and evidence-based literacy instruction, as such terms are defined in the bill; (ii) the literacy assessment required of individuals seeking initial teacher licensure with endorsements in certain areas to include a rigorous test of science-based reading research and evidence-based literacy instruction; (iii) each local school board to establish a divisionwide literacy plan; (iv) each local school board to employ one reading specialist for each 550 students in kindergarten through grade three; and (v) each local school board to provide a program of literacy instruction whereby, among other things, (a) the program provides reading intervention services to students in kindergarten through grade three who demonstrate deficiencies based on their individual performance on the Standards of Learning reading assessment or an early literacy screener provided or approved by the Department of Education; (b) a reading specialist, in collaboration with the teacher of any student who receives such reading intervention services, develops, oversees implementation of, and monitors student progress on a student reading plan; and (c) each student who receives such reading intervention services is assessed utilizing either the early literacy screener provided or approved by the Department or the grade-level reading Standards of Learning assessment again at the end of that school year. The provisions of the bill become effective beginning with the 2024–2025 school year. This bill is identical to SB 616.