Del. Mike Webert

Health insurance; provider contracts. Requires that each provider contract include provisions (i) requiring providers to provide health care services to enrollees in a manner similar to and within the same time availability in which the provider provides health care services to any other individual and (ii) prohibiting a provider from discriminating against any enrollee as a result of the enrollee's enrollment in a health plan or on the basis of the enrollee's race, color, creed, national origin, ancestry, religion, sex, marital status, age, disability, payment source, state of health, need for health care services, status as a litigant except in cases where the enrollee claims medical malpractice by the provider, status as a Medicare enrollee, status as a medical assistance recipient, sexual orientation, or gender identity, or on any other basis prohibited by law. The bill prohibits a provider contract from requiring a provider to provide any type or kind of health care service to enrollees that it does not customarily provide to others. The bill provides that a provider that violates the anti-discrimination provisions may be subject to fines and other discipline from the provider's licensing authority and an enrollee injured as result of any discrimination is entitled initiate a civil action against the provider. The bill also prohibits a provider contract from (a) directly or indirectly restricting the carrier from directing or steering enrollees to other health care providers or offering incentives to encourage enrollees to utilize specific providers; (b) requiring the carrier to enter into any additional contract with an affiliate of the provider as a condition of entering into a contract with such provider or to agree to payment rates or other terms for any affiliate not party to the contract of the provider involved; or (c) restricting other carriers not party to the contract from paying a lower rate for items or services than the contracting plan or issuer pays for such items or services. The bill prohibits a provider from terminating or failing to renew the contractual relationship with a carrier, or any provider contract, or otherwise penalize any carrier, for invoking any of the carrier’s rights. The bill also provides that a provider or carrier injured as a result of a violation or threatened violation of any provision governing carrier business practices is entitled to injunctive relief against any and all violators or persons threatening violation. The bill requires a provider contract to permit a provider a maximum of 90 days from the date a health care service is rendered to submit a claim for payment. The bill requires carriers to supply fee schedules in writing and in machine-readable electronic format and to provide the complete fee schedule applicable to the provider for each health plan in which the provider participates or is proposed to participate. The bill requires that amendments to a provider contract be presented in a manner so as to allow the provider to easily identify the specific terms being proposed for amendment and that proposed amendments be formatted to clearly identify the changes to the language of the agreement.

Constitutional amendment (first reference);executive power; state of emergency; special session. Limitsthe authority of the Governor to issue an executive order declaringa state of emergency that restricts, limits, or prohibits otherwiselawful action by a private business, nonprofit entity, or individualfor a period more than 45 days in duration without approval by theGeneral Assembly. The Governor is required to convene a special sessionfor the purpose of the General Assembly approving the extension ofsuch executive order beyond the forty-fifth day after its originalissuance and if the General Assembly does not approve such extension,the Governor is prohibited from issuing a subsequent executive orderin the same form for the same declared emergency. The General Assemblyis permitted to extend the executive order to a date requested bythe Governor or to a date of the General Assembly's choosing, butit shall not approve the extension to a date beyond the first fullweek of the next regular session of the General Assembly, unlesssuch date is requested by the Governor.

Absentee voting; definition of postmark; legibility requirement. Requires an absentee ballot returned to the generalregistrar after the closing of the polls on election day to be legiblypostmarked on or before the date of the election in order to be counted.Current law does not specify that the postmark must be legible. Thebill defines postmark, for purposes of absentee ballots returnedafter the closing of the polls on election day, to mean (i) an officialUnited States Postal Service imprint indicating the date of mailingor any other official indicia of the United States Postal Serviceused to identify the date of mailing or (ii) the mailing confirmationdata of a commercial delivery service.

Conduct of elections; vote counting; requiredlive video recording. Requires the general registrar of each county and city to provide for a live video recording of each pollingplace while absentee ballots are cast, votes are counted, and returnsare completed, and of each central absentee precinct while ballots are handled and returns are completed. The general registrars arerequired to ensure the video coverage is recorded and retained untilthe deadline to request a recount has passed and, if any contestor recount is pending thereafter, until it has been concluded. The bill provides that each live video recording must include date andtime indicators and be linked to the official website of the countyor city. The Department of Elections is required to post links onits official website to the video coverage for viewing by the public.The bill provides that any disruption in video coverage shall notaffect or prevent the continued casting of absentee ballots, countingof votes, or completion of returns, and is not grounds for an electioncontest.

Constitutional amendment (first reference);special sessions; required in certain states of emergency. Requiresthe Governor to convene a special session whenever declaring a stateof emergency for a period that exceeds 90 days or whenever extendinga state of emergency for a period that exceeds 90 days in the aggregate.

General Assembly; legislative process; introductionlimits. Prohibits any member of the General Assembly from introducingmore than 10 bills during the regular session of an odd-numberedyear or more than 15 bills during the regular session of an even-numberedyear. The bill permits each house to prescribe in its rules how manyof the 10 or 15 bills may be filed after the deadline for filingprefiled legislation.

Powers of State Health Commissioner in epidemic;vaccine; religious tenets or practices. Allows a parent or guardianto object to the vaccination or immunization of a child on the groundsthat the administration of immunizing agents conflicts with his religioustenets or practices, even if an emergency or epidemic of diseasehas been declared by the State Board of Health, which is not allowedunder current law. The bill also provides that nothing shall precludethe State Health Commissioner from requiring immediate immunizationof all persons in the case of an epidemic of any disease of publichealth importance for which a vaccine exists other than a person,including a parent or guardian on behalf of a child, who objectson the grounds that the administration of the vaccine conflicts withhis religious tenets or practices. Under current law, the only exceptionto the Commissioner's power to require immediate immunization of all persons in case of an epidemic of any disease of public health importancefor which a vaccine exists is for a person to whose health the administrationof a vaccine would be detrimental as certified in writing by a physicianlicensed to practice medicine in the Commonwealth.

Solar facilities; permit by rule. Lowersfrom 150 to 50 megawatts the maximum generation capacity of an electricalgeneration facility that generates electricity only from sunlightto qualify for issuance of a permit by rule.

Celebrating the life of Stephen Teel Goodwin.

Commending Spotsylvania County.