Rep. Karrie Delaney

Virginia Public Procurement Act; additional public works contract requirements. Provides that public bodies shall require the contractor and its subcontractors for any capital outlay project, as defined in the bill, to complete certain safety training programs, maintain records of compliance with applicable laws, and participate in approved apprenticeship training programs. The bill provides exemptions from such requirements for reasons related to lack of availability of apprentices and high costs. The bill has a delayed effective date of July 1, 2025.

Custody and visitation arrangements; best interests of the child; expert testimony; history of abuse. Requires a court to consider any history of family abuse, sexual abuse, child abuse, or an act of violence, force, or threat in determining best interests of a child for purposes of determining custody or visitation arrangements. Under current law, only such history that occurred no earlier than 10 years prior to the filing of a custody or visitation petition is required to be considered. The bill also requires that any expert evidence from a court-appointed or outside professional relating to any alleged abuse of a child subject to such petition shall only be admitted if such professional possesses demonstrated expertise and clinical experience in working with victims of the type of such abuse alleged that is not solely of a forensic nature. The bill further directs the Office of the Executive Secretary of the Supreme Court of Virginia to provide mandatory judicial training on trauma-informed practices in proceedings involving domestic violence to magistrates and judges of the juvenile domestic relations district courts, general district courts, circuit courts, and the Court of Appeals of Virginia, the justices of the Supreme Court of Virginia, and court personnel.

Termination of parental rights; sexual abuse; clear and convincing standard; petition filed by other parent. Allows a parent to file a petition to terminate the parental rights of the other parent if the circumstances giving rise to such a petition allege that such parent engaged in conduct prohibited by relevant law relating to sexual abuse, whether or not the parent has been charged with or convicted of the alleged violation, and the child was conceived of such conduct. The bill further requires the court to issue an order terminating the parental rights of a parent upon a finding, based on clear and convincing evidence, that (i) such parent engaged in the conduct prohibited by relevant law relating to sexual abuse, whether or not the parent has been charged with or convicted of the alleged violation, and the child was conceived of such conduct and (ii) termination of the parental rights of such parent is in the best interests of the child. The bill specifies that, if such parent is found by clear and convincing evidence to have engaged in the prohibited conduct resulting in the conception of such child, there shall be a rebuttable presumption that termination is in the best interest of the child, but no presumption shall be made by the court that one parent alone is contrary to the best interests of the child.

Organ donation leave tax credit. Establishes a nonrefundable income tax credit for taxable years 2024 through 2028 for a taxpayer that is a private employer, as defined by the bill, for certain costs incurred during a period of organ donation leave received by an employee organ donor.

Human trafficking investigators; licensing by the Department of Criminal Justice Services. Authorizes the Department of Criminal Justice Services to register and issue licenses for human trafficking investigators. The bill provides that a human trafficking investigator is a private investigator who is GSA compliant and engages in the business of, or accepts employment to make, investigations to obtain information on sex trafficking or severe forms of trafficking as defined in the federal Trafficking Victims Protection Act of 2000 and in the federal Justice for Victims of Trafficking Act of 2015.

Contraception; right to contraception; applicability; enforcement. Establishes a right to obtain contraceptives and engage in contraception, as defined in the bill. The bill creates a cause of action that may be instituted against anyone who infringes on such right. This bill is identical to SB 237.

Prescription Drug Affordability Board established; drug cost affordability review. Establishes the Prescription Drug Affordability Board for the purpose of protecting the citizens of the Commonwealth and other stakeholders within the health care system from the high costs of prescription drug products. The bill requires the Board to meet in open session at least four times annually, with certain exceptions and requirements enumerated in the bill. Members of the Board are required to disclose any conflicts of interest, as described in the bill. The bill also creates a stakeholder council for the purpose of assisting the Board in making decisions related to drug cost affordability. The bill tasks the Board with identifying prescription, generic, and other drugs, as defined in the bill, that are offered for sale in the Commonwealth and, at the Board's discretion, conducting an affordability review of any prescription drug product. The bill lists factors for the Board to consider that indicate an affordability challenge for the health care system in the Commonwealth or high out-of-pocket costs for patients. The bill also provides that any person aggrieved by a decision of the Board may request an appeal of the Board's decision and that the Attorney General has authority to enforce the provisions of the bill. The bill provides that the Board shall establish no more than 12 upper payment limit amounts annually between January 1, 2025, and January 1, 2028.The bill requires the Board to report its findings and recommendations to the General Assembly twice annually, beginning on July 1, 2025, and December 31, 2025. Provisions of the bill shall apply to state-sponsored and state-regulated health plans and health programs and obligate such policies to limit drug payment amounts and reimbursements to an upper payment limit amount set by the Board, if applicable, following an affordability review. The bill specifies that Medicare Part D plans shall not be bound by such decisions of the Board.The bill also requires the nonprofit organization contracted by the Department of Health to provide prescription drug price transparency to provide the Board access to certain data reported by manufacturers. The bill has a delayed effective date of January 1, 2025, and is identical to SB 274.

Retaliatory action against employee prohibited;remedies available. Provides that a violation of certain provisionsregarding retaliatory action against employees may be alleged ina court of competent jurisdiction within one year of the employer'sfinal prohibited retaliatory action. The bill states that in suchcases, treble damages may be awarded if such violation was willful.

Policies on parental notification of instructional material that includes sexually explicit content; scope and use. Provides that nothing in the law requiring the Department of Education to develop and make available to each school board model policies for ensuring parental notification of any instructional material that includes sexually explicit content and requiring each school board to adopt policies that are consistent with but may be more comprehensive than such model policies or that is in such model policies or school board policies shall be construed to permit the censoring of books in any public elementary or secondary school. This bill is identical to SB 235.

Contract actions; medical debt. Provides that in any action, including those brought by the Commonwealth, upon any contract to collect medical debt, as defined in the bill, such an action is barred if not commenced within three years from the due date applicable to the first invoice for a health care service unless the contract with a hospital or health care provider is for a payment plan that allows for a longer period of time for the collection of debt by the hospital or health care provider. The bill specifies that such limitation shall not apply to medical debt arising from services provided by programs administered by the Department of Medical Assistance Services.