Del. Rae Cousins

Health insurance; coverage for contraceptive drugs and devices. Requires health insurance carriers to provide coverage, under any health insurance contract, policy, or plan that includes coverage for prescription drugs on an outpatient basis, for contraceptive drugs and contraceptive devices approved by the U.S. Food and Drug Administration, including those available over-the-counter. The bill prohibits a health insurance carrier from imposing upon any person receiving prescription contraceptive benefits pursuant to the provisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. Additionally, the bill requires any health benefit plan that provides coverage for hormonal contraceptives to provide point-of-sale coverage without cost-sharing at in-network pharmacies for hormonal contraceptives available over-the-counter. This bill is identical to SB 361.

Powers and duties for operation of local and regional correctional facilities and courthouse security; attorney access to courthouses and communication and visitation with incarcerated clients; penalty. Provides that if a sheriff allows courthouse employees or law-enforcement officers to bypass any security screening required to enter a courthouse, such sheriff shall also exempt from the security screening any attorney who displays a valid Virginia State Bar-issued bar card and a government-issued identification. The bill creates a Class 1 misdemeanor for any attorney who has had his license to practice law in the Commonwealth suspended or revoked and who displays a Virginia State Bar-issued bar card in an effort to be exempt from the security screening. The bill also requires any telephonic, electronic, or web-based communication system for prisoners that is offered by a sheriff or jail superintendent who operates a local or regional correctional facility to include a confidential means for a prisoner to communicate with his attorney at regular and reasonable times.

Electric utilities; surplus interconnection service sites. Directs Appalachian Power and Dominion Energy Virginia to undertake a comprehensive assessment of available interconnection capacity at each such utility's existing and planned intermittent electric generation facilities located in the Commonwealth. The bill directs such utilities to establish pilot programs for energy storage resources and solar generation facilities that utilize surplus interconnection service, as defined in the bill, including a request for proposals. The bill requires such utilities to submit the results of such requests for proposals as part of their 2027 plans and petitions for approval for the development of new solar and onshore wind generation capacity, which plans are required under existing law. This bill is identical to SB 508.

Department of Education; history and social science Standards of Learning and Curriculum Framework and associated instructional guides and materials; inclusion of quality, accurate, and complete instruction on the contributions and roles of all peoples; comprehensive review; report. Directs the Department of Education (the Department) to (i) conduct a comprehensive review of the history and social science Standards of Learning and Curriculum Framework and any associated instructional guides and materials for the purpose of ensuring the inclusion of quality, accurate, and complete instruction on the contributions and roles of all peoples included in such Standards of Learning and Curriculum Framework and (ii) submit to the Chairs of the Senate Committee on Education and Health and the House Committee on Education by November 1, 2028, a report on the findings of such comprehensive review.

Law-enforcement agencies; agreements with federal authority for immigration enforcement; requirements. Prohibits any state or local law-enforcement agency, defined in the bill, from maintaining, renewing, or entering into any federal immigration agreement unless such agreement contains certain provisions. The bill also prohibits any person acting in his capacity as a law-enforcement officer to assist, cooperate with, or use any law-enforcement resources to facilitate any operation that seeks to identify, arrest, or otherwise impose a penalty upon an individual for any violation of federal civil immigration law. The bill provides that such prohibition shall not apply (i) if the authority to enforce such laws is otherwise permitted or required by law; (ii) if the person acting in his capacity as a law-enforcement officer is presented with a valid judicial warrant or judicial subpoena that authorizes such enforcement; or (iii) to the transfer of custody of an adult convicted of certain violent felonies from a state, local, or regional correctional facility upon such correctional facility's receipt of a federal immigration detainer. This bill incorporates HB 1438 and is identical to SB 783.

Virginia Residential Landlord and Tenant Act; terms and conditions of rental agreement; notice of rent increase. Requires a landlord who owns more than four rental dwelling units or more than a 10 percent interest in more than four rental dwelling units, whether individually or through a business entity, in the Commonwealth to provide a tenant with written notice of any increase in rent for the subsequent rental agreement term at least 90 days prior to the end of such term and to include in such notice a deadline, which shall be no sooner than 30 days after such notice is delivered, by which the tenant shall advise the landlord of whether the tenant will renew the rental agreement. The bill has a delayed effective date of January 1, 2027.

Virginia Residential Landlord and Tenant Act; material noncompliance by landlord; rent escrow; relief. Removes the requirement that, prior to the granting of any relief, a tenant shall pay into escrow any amount of rent called for under the rental agreement. The bill requires the tenant, during the pendency of the action, to pay into escrow the amount of rent that becomes due within five days of the date due under the rental agreement, unless or until such amount is modified by a subsequent order of the court. The bill also provides that a failure of the tenant to make timely payments into escrow shall not be grounds for dismissal of the underlying action but may be considered by the court when issuing an order. The bill has a delayed effective date of  January 1, 2027.

Possession of portable electronic device in district or circuit court. Requires the chief judge of each general district court, juvenile and domestic relations district court, and circuit court to set a policy regarding the use and possession of portable electronic devices by visitors to the court. The bill authorizes such chief judge to condition the use and possession of portable electronic devices upon certain limitations. The bill also requires that any such policy be conspicuously posted at the entrance of the courthouse and available on the Virginia Judicial System's website, the district or circuit court's individual website, or a local government website that also has information about such district or circuit court.

Health insurance; essential health benefits benchmark plan. Requires the Bureau of Insurance to select a new essential health benefits benchmark plan for the 2028 plan year, or the soonest plan year thereafter as permitted by the Centers for Medicare and Medicaid Services, that includes, in addition to the essential health benefits package included in the existing benchmark plan, coverage for (i) doula care services; (ii) the treatment of iatrogenic infertility; (iii) fertility treatment and diagnosis, including a maximum of three cycles per lifetime of assisted reproductive technology; (iv) hearing aids for individuals of all ages; (v) pasteurized donor human breast milk; (vi) the prophylaxis, diagnosis, and treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome; and (vii) the treatment of polycystic ovary syndrome. Such mandate for coverage does not apply to the individual or small group markets. The bill has a delayed effective date pursuant to approval by the Centers for Medicare and Medicaid Services of certain coverage as outlined in the bill. As introduced, this bill was a recommendation of the Health Insurance Reform Commission.

Virginia Human Rights Act; menopause or perimenopause; discrimination prohibited; report. Prohibits discrimination under the Virginia Human Rights Act on the basis of menopause or perimenopause for purposes of nondiscrimination in government programs, public accommodation, employment hiring, and reasonable employer accommodation. The bill also directs the Commissioner of Labor and Industry, in consultation with the Commissioner of Health, to conduct a study on menopause and perimenopause in the workforce, menopause and perimenopause accommodations in employment environments, and the scope of existing menopause-related and perimenopause-related policies and to develop best practices related to menopause and perimenopause accommodations in employment environments. The bill directs the Commissioners to submit such report to the Governor and General Assembly by July 1, 2028, and to post such report on the Department of Labor and Industry's website. This bill is identical to SB 258.