Del. Amy Laufer

Department of Medical Assistance Services; Department of Behavioral Health and Developmental Services; 1915(c) Home and Community Based Services Medicaid Waivers; state plan amendments; program rule modifications. Directs the Department of Medical Assistance Services (DMAS) and the Department of Behavioral Health and Developmental Services to seek federal authority through the necessary state plan amendments under Titles XIX and XXI of the Social Security Act to modify the program rules for certain 1915(c) Home and Community Based Services Medicaid Waivers to (i) modify the 40-hour-per-week work limit to allow legally responsible individuals 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 a legally responsible individual to receive reimbursement for personal care services, no one else be available to provide services to the member; and (iii) modify the program rules to allow a legally responsible individual or stepparent to be the employer of record. The bill directs DMAS to evaluate the possibility of allowing for respite services under certain 1915(c) Home and Community Based Services Medicaid Waivers and submit its recommendations, cost estimate, and methodology used for obtaining the cost estimate to the General Assembly no later than November 1, 2024. This bill is identical to SB 488.

Unlawful dissemination or sale of images ofanother; penalty. Increases the penalty for the offense of unlawful dissemination or sale of the image of another from a Class 1 misdemeanorto a Class 4 felony. The bill removes the requirement that a personmust have the intent to coerce, harass, or intimidate another personto be guilty of such unlawful dissemination or sale. The bill alsoexpands the current categories of images that are unlawful to disseminateor sell to include any videographic or still image that depicts another person who is in a state of undress so as not to expose the genitals,pubic area, buttocks, or female breast but such videographic or stillimage is sexual or sensual in nature. Finally,the bill extends from five years to 10 years the statute of limitations for the offense of unlawful creation of the image of another. Thebill also creates a 10-year statute of limitations for the offenseof unlawful dissemination or sale of the image of another. The billstarts the statute of limitations for both offenses at the time thevictim discovers the offense has occurred. Current law starts thestatute of limitations for the offense of unlawful creation of theimage of another upon the commission of the offense.

Compensation of court-appointed counsel. Raises the limitation of fees that court-appointed counsel can receive for representation on various offenses in district and circuit courts. The bill also limits the fees charged for the cost of court-appointed counsel or public defender representation to persons determined to be indigent to an amount no greater than the amount such person would have owed if such fees had been assessed on or before June 30, 2024. The bill has a delayed effective date of January 1, 2025. This bill is identical to SB 356.

Social Work Licensure Compact. Authorizes Virginia to become a signatory to the Social Work Licensure Compact. The Compact allows social workers who have or are eligible for an active, unencumbered license in the compact member state where they reside to apply for a multistate license. After verifying eligibility, the social worker is granted a multistate license that authorizes practice in all other compact member states. The Compact takes effect when it is enacted by a seventh member state. This bill is identical to SB 239.

Commissioner of Behavioral Health and Developmental Services; inclusive housing plan; individuals with disabilities. Directs the Commissioner of Behavioral Health and Developmental Services (the Commissioner) to work with stakeholders to develop a plan to ensure that people with disabilities across the Commonwealth, including individuals affected by the Settlement Agreement entered into on August 23, 2012, pursuant to U.S. of America v. Commonwealth of Virginia, have an opportunity to access affordable and inclusive housing, as defined in the bill. The bill requires the Commissioner to present the plan to the Chairmen of the House Committee on Health and Human Services and the Senate Committee on Education and Health by November 1, 2025.

Department of Medical Assistances Services; financial eligibility standards for certain waivers providing services to individuals with developmental disabilities. Directs the Department of Medical Assistance Services to amend the financial eligibility standards for individuals receiving services under the Family and Individual Support Waiver, Community Living Waiver, and Building Independence Waiver (the DD Waivers). The bill requires the Department, when determining financial eligibility for the DD Waivers, to disregard any Social Security Disability Insurance income above the maximum monthly Supplemental Security Income as determined by the U.S. Social Security Administration; however, such Social Security Disability Insurance income shall not be disregarded for purposes of determining an individual's patient pay obligation. The bill also requires the Department to (i) analyze the implications of such amendments to the financial eligibility standards for individuals under the DD waivers, which shall include a determination of the costs and the number of individuals who would benefit from such amendments and (ii) report its findings to the Chairmen of the Senate Committees on Education and Health and Finance and Appropriations and the House Committees on Health and Human Services and Appropriations no later than November 1, 2024. The bill sunsets on July 1, 2026. This bill is identical to SB 676.

Department of Medical Assistance Services; Departmentof Behavioral Health and Developmental Services; 1915(c) Home andCommunity-Based Services Medicaid Waivers; state plan amendments;program rule modifications. Directs the Department of MedicalAssistance Services and the Department of Behavioral Health and DevelopmentalServices to seek to modify the program rules for certain 1915(c) Homeand Community-Based Services Medicaid Waivers to eliminate the requirementthat in order for a legally responsible individual to receive reimbursementfor personal care services, no one else be available to provide suchservices to the Medicaid member. This bill incorporates HB 1282.

Firearm safety device tax credit; definition of firearm safety device. Expands the definition of "firearm safety device" as it relates to the firearm safety device tax credit to include any device that, when installed on a firearm, is designed to prevent the firearm from being operated without first deactivating the device. The provisions of the bill are effective for taxable years beginning on and after January 1, 2024. This bill incorporates HB 945.

Dissemination of criminal history record information; Department of Social Services. Authorizes the Department of Social Services to obtain criminal history record information for the purpose of screening individuals as a condition of licensure, employment, volunteering, or providing services on a regular basis in a licensed child welfare agency or foster or adoptive home approved by a child-placing agency.

Virginia Real Estate Time-Share Act; partial termination of certain time-shares. Allows for the partial termination of a time-share project by a developer or an association and provides the procedures for any such partial termination. The bill also sets a one-year statute of limitations on any legal challenge or action for damages or equitable relief arising out of any termination of a time-share project in accordance with the provisions of the Virginia Real Estate Time-Share Act. The bill's provisions are declared to be effective retroactive in accordance with certain provisions of the Virginia Real Estate Time-Share Act. This bill is identical to SB 600.