Sen. Lamont Bagby

Drug Treatment Court Act; authorization andavailability. Provides that any jurisdiction or jurisdictionsintending or proposing to establish a drug treatment court shallnot be denied permission under the Code of Virginia to establishsuch court solely on the basis of funding such court. The bill alsoprovides that a drug treatment court shall be available to everydefendant irrespective of the jurisdiction.

Balance billing; emergency services. Provides that when a covered person receives covered emergency services from an out-of-network health care provider, the covered person is not required to pay the out-of-network provider any amount other than the applicable cost-sharing requirement. The measure deletes a provision that allows an out-of-network provider to charge an individual for the balance of the provider's billed amount after applying the amount the health carrier is required to pay for such services. The measure also establishes a fourth standard for calculating the health carrier's required payment to the out-of-network provider of the emergency services, which standard is (i) the regional average for commercial payments for such service if the provider is a health care professional or (ii) the fair market value for such services if the provider is a facility. This fourth standard is the amount the health carrier is obligated to pay to the out-of-network provider if the amount is greater than any of the other three standards, which are (a) the amount negotiated with in-network providers for the emergency service or, if more than one amount is negotiated, the median of these amounts; (b) the amount for the emergency service calculated using the same method the health carrier generally uses to determine payments for out-of-network services, such as the usual, customary, and reasonable amount; or (c) the amount that would be paid under Medicare for the emergency service. The measure requires the health carrier to pay the required amount, less applicable cost-sharing requirements, directly to the out-of-network health care provider of the emergency services. If such provider determines that the amount to be paid by the health carrier does not comply with the applicable requirements, the measure requires the provider and the health carrier to make a good faith effort to reach a resolution on the appropriate amount of the reimbursement and, if a resolution is not reached, authorizes either party to request the State Corporation Commission to review the disputed reimbursement amount and determine if the amount complies with applicable requirements. The measure also provides that final diagnosis rendered to a covered person who receives emergency services for a medical condition shall not be considered in the health carrier's determination of whether the medical condition was an emergency medical condition. The measure establishes the procedure by which the regional average for commercial payments for emergency services will be calculated by the nonprofit data services organization that compiles the Virginia All-Payer Claims Database. The measure also requires health carriers to makes reports to the Bureau of Insurance and directs the Bureau to provide reports to certain committees of the General Assembly. This bill was incorporated into HB 1251.

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.

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.

Application of parole statutes. Repealsthe abolition of parole. The bill also provides that the VirginiaParole Board shall establish procedures for consideration of parolefor persons who were previously ineligible for parole, because parolewas abolished, to allow for an extension of time for reasonable cause.

Constitutional amendment (first resolution);real property tax exemption; affordable housing. Provides thatthe General Assembly may authorize a locality to fully or partiallyexempt affordable housing, as such term may be defined by statute,from real property taxation.

Right to reproductive choice. Provides thatevery individual has a fundamental right to choose or refuse contraceptionand that a pregnant person has a fundamental right to choose to carrya pregnancy to term, give birth to a child, or terminate a pregnancy.The bill states that the Commonwealth shall not, in the regulationor provision of benefits, facilities, services, or information, denyor interfere with an individual's fundamental rights, including individualsunder state control or supervision. The bill states that any stateor local official who is charged with violating provisions of thissection shall be subject to an action in federal or state court forinjunctive relief and damages. Such action may be brought by any person or entity that may be aggrieved by such official's actions.

Eligibility for food stamps; drug-related felonies. Provides that a person who is otherwise eligible to receive food stamp benefits shall not be denied such assistance solely because he has been convicted of a drug-related felony. Under current law, a person otherwise eligible to receive food stamp benefits shall not be denied food stamp benefits based on a felony conviction of possession of a controlled substance in violation of § 18.2-250, provided that such person is complying with, or has already complied with, all obligations imposed by the criminal court, is actively engaged in or has completed a substance abuse treatment program, participates in periodic drug screenings, and fulfills any other obligations as determined by the Department of Social Services.

Disorderly conduct in public places; school activities. Eliminates the Class 1 misdemeanor for disrupting willfully or while intoxicated, whether willfully or not, the operation of any school or any school activity conducted or sponsored by any school if the disruption (i) prevents or interferes with the orderly conduct of the operation or activity or (ii) has a direct tendency to cause acts of violence by the person or persons at whom, individually, the disruption is directed. This bill was incorporated into HB 256.

Commending the Washington Nationals.