Virginia Minority Business Commission; report. Establishes a 13-member legislative Commission to promote the growthand competitiveness of Virginia minority-owned businesses. The bill provides that the Commission sunsets on July 1, 2023.
Marijuana; decriminalization of simple marijuana possession; penalty. Decriminalizes marijuana possession and provides a civil penalty of no more than $25. Under current law, a first offense is punishable by a maximum fine of $500 and a maximum jail sentence of 30 days, and subsequent offenses are a Class 1 misdemeanor. The bill creates a rebuttable presumption that a person who possesses no more than one-half ounce of marijuana possesses it for personal use and provides that the existing suspended sentence and substance abuse screening provisions apply only to criminal violations or to civil violations by a minor. The bill decreases from a Class 5 felony to a Class 6 felony the penalty for distribution or possession with intent to sell more than one-half ounce but not more than five pounds of marijuana. This bill was incorporated into HB 972.
Flood Insurance Fund; low-income Virginians.Creates a Flood Insurance Fund and directs the Executive Director of the Board of Directors of the Virginia Resources Authority toestablish a program to use the Fund to subsidize the purchase offlood insurance by low-income Virginians. Such program shall includean application process, application guidelines, and a ranking systemthat prioritizes the use of the Fund to support the purchase of floodinsurance in the most flood-prone areas.
Prescription drug price transparency; penalties.Requires pharmaceutical drug manufacturers, pharmacy benefits managers, andhealth carriers to submit reports containing certain information concerningprescription drug costs to the Commissioner of the Bureau of Insurance (theCommissioner). The measure requires pharmaceutical drug manufacturers' reportsto include information on the current wholesale acquisition cost informationfor FDA-approved drugs sold in or into the Commonwealth by the pharmaceuticaldrug manufacturer. The bill also requires such manufacturers to submit a reportfor drugs with a wholesale acquisition cost of at least $50 for a 30-day supplywhen their wholesale acquisition cost increases by 25 percent or more over thepreceding three calendar years or 10 percent or more over the precedingcalendar year. The measure requires pharmacy benefits managers to report dataon the aggregated rebates, fees, price protection payments, and any otherpayments collected from pharmaceutical drug manufacturers and the aggregateddollar amount of rebates, fees, price protection payments, and any otherpayments collected from pharmaceutical drug manufacturers that were healthbenefit plan issuers or enrollees at the point of sale of a prescription drug.The measure requires health carriers to report the names of the 25 mostfrequently prescribed drugs across all plans, percent increase in annual netspending for drugs across all plans, percent increase in premiums attributableto drugs across all plans, percentage of specialty drugs with utilizationmanagement requirements across all plans, and premium reductions that wereattributable to specialty drug utilization management. The measure requires theCommissioner to publish the aggregated data from these reports on a website.The measure authorizes the State Corporation Commission (the Commission) to (i)call public hearings and to subpoena prescription drug manufacturers, pharmacybenefits managers, and health carriers to explain their reports; (ii) conductaudits of data submitted to it; (iii) require these entities to submit acorrective action plan to correct deficiencies in reporting; and (iv) imposepenalties of $30,000 per day on any prescription drug manufacturer, pharmacybenefits manager, or health carrier that fails to make a good faith effort tosubmit a required report within two weeks after receiving written notice fromthe Commission.
Health benefit plans; bills for emergency services; surprise bills; dispute resolution. Requires the Commissioner of the Bureau of Insurance to certify independent dispute resolution entities to resolve disputes arising from surprise bills for non-emergency health care services and for emergency service provided by non-participating providers. The measure implements "baseball-style" arbitration to resolve disputes between health carriers and physicians. Under this approach, each party submits a proposed dollar amount to the independent dispute resolution entity, who then chooses one as the appropriate payment amount. The measure provides that when an insured assigns benefits for a surprise bill or a bill for emergency services in writing to a non-participating physician who knows the insured is covered under a health benefit plan, the non-participating physician shall not bill the insured except for any applicable coinsurance, copayment, or deductible that would be owed if the insured utilized a participating physician. This bill was incorporated into HB 1251.
Pharmacy benefits managers. Requires pharmacy benefits managers to register with the Commissioner of the Bureau of Insurance. The measure prohibits a carrier on its own or through its contracted pharmacy benefits manager or representative of a pharmacy benefits manager from (i) causing or knowingly permitting the use of any advertisement, promotion, solicitation, representation, proposal, or offer that is untrue, deceptive, or misleading; (ii) charge a pharmacist or pharmacy a fee related to the adjudication of a claim; (iii) engaging, with the express intent or purpose of driving out competition or financially injuring competitors, in a pattern or practice of reimbursing retail community pharmacies or pharmacists in the Commonwealth consistently less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services; (iv) collecting or requiring a pharmacy or pharmacist to collect from an insured a copayment for a prescription drug at the point of sale in an amount that exceeds the lesser of the contracted copayment amount, the amount an individual would pay for a prescription drug if that individual was paying cash, or the contracted amount for the drug; (v) reimbursing a pharmacy or pharmacist an amount less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services, calculated on a per-unit basis using the same generic product identifier or generic code number and reflecting all drug manufacturer's rebates, direct and indirect administrative fees, and costs and any remuneration; (vi) requiring the use of mail order for filling prescriptions unless the health benefit plan or pharmacy benefit offers no financial incentive to an insured; (vii) prohibiting a pharmacist or pharmacy from offering and providing direct and limited delivery services including incidental mailing services, to an insured as an ancillary service of the pharmacy; (viii) charging a fee related to the adjudication of a claim without providing the cause for each adjustment or fee; or (ix) penalizing or retaliating against a pharmacist or pharmacy for exercising rights provided by this measure. The measure also prohibits a carrier from (a) imposing provider accreditation standards or certification requirements inconsistent with, more stringent than, or in addition to requirements of the Virginia Board of Pharmacy or other state or federal entity; (b) including any mail order pharmacy or pharmacy benefits manager affiliate in calculating or determining network adequacy; or (c) conducting spread pricing in the Commonwealth. The measure requires each carrier to ensure that, before a particular drug is placed or continues to be placed on a Maximum Allowable Cost List, the drug meets certain standards, is available for purchase in the Commonwealth, and is not obsolete. The measure establishes requirements allowing network pharmacy providers to readily access the maximum allowable cost specific to that provider and requires Maximum Allowable Cost Lists to be updated every seven days. The measure requires the establishment of reasonable appeal procedures. The measure also imposes recordkeeping and reporting requirements and provides that information or data acquired therefrom is considered proprietary and confidential and is not subject to the Virginia Freedom of Information Act. This bill was incorporated into HB 1290.
Manufactured home parks; sale of park; notice; rights of association. Entitles a manufactured home park association, as defined in the bill, to make a bona fide offer to purchase the park in a situation where a landlord has given the required written notice of termination of rental agreements due to plans for rehabilitation or a change in the use of all or any part of a manufactured home park by the landlord. The bill provides certain requirements for negotiations between the landlord and the association. This bill was incorporated into HB 1249.
Memorials for war veterans. Provides that a locality may remove, relocate, or alter any monument or memorial for war veterans located in its public space, regardless of when erected. Current law makes it unlawful to disturb or interfere with such monuments or memorials or to prevent citizens from taking proper measures and exercising proper means for the protection, preservation, and care of such monuments or memorials. This bill was incorporated into SB 183.
Virginia Diverse Educator Scholarship Fund and Programestablished. Establishes the Virginia Diverse Educator Scholarship Fund andProgram, to be administered by the State Council of Higher Education forVirginia, for the purpose of annually providing to each Historically BlackCollege or University in the Commonwealth (Hampton University, Norfolk StateUniversity, Virginia State University, and Virginia Union University) such sumsas are necessary for each such institution to annually provide scholarships ona competitive basis to no more than two students who (i) identify as AfricanAmerican, Asian, Hispanic or Latino, Native American or Native Alaskan, orNative Hawaiian or Pacific Islander; (ii) are accepted to or enrolled in suchinstitution's education preparation program; and (iii) are eligible for afederal Pell Grant to attend such institution. The bill provides that each suchscholarship would consist of the following sums: (a) the cost of tuition,mandatory fees, room and board, and textbooks at such institution; (b) therecipient's teacher licensure fees; (c) $5,000 toward teacher professionaldevelopment activities for the recipient, including coursework, seminars, andconferences; and (d) $10,000 toward mentorship of the recipient by anexperienced teacher who is deemed by the relevant school board to be highlyeffective and able to provide high quality mentorship. The bill requires eachstudent who is awarded a scholarship pursuant to the Program to agree inwriting to (1) teach in a public elementary or secondary school in theCommonwealth in which at least half of the enrolled students qualify for freeor reduced price lunch or are members of families whose income is below the federalpoverty guidelines established by the U.S. Department of Health and HumanServices upon graduation for a period that is at least as long as the periodduring which the recipient used scholarship funds to attend a HistoricallyBlack College or University and (2) be mentored by an experienced teacher, asdescribed in clause (d), during such period of employment.
Commending the Lake Taylor High School footballteam.
