Public Comments for 03/01/2022 Appropriations - Health and Human Resources Subcommittee
SB40 - Assisted living facilities; involuntary discharge, safeguards for residents.
Last Name: Hackler Organization: Virginia Assisted Living Association (VALA) Locality: Virginia

My name is Judy Hackler, and I am with the Virginia Assisted Living Association, also known as VALA. I would like to share comments on SB40. After communicating multiple times with the Virginia Poverty Law Center and other stakeholders regarding this bill, we appreciate the initial purpose of the bill, but we do not support the current language that was published or shared with us at the time of these comments. The language we have seen would not optimally fulfill the purpose and would not serve the best interest of the residents, the assisted living communities, and the Virginia Department of Social Services. As currently worded, there are direct conflicts with current requirements for licensed assisted living facilities. This conflicting language would force facilities to have to pick which requirement to adhere to and which requirement to violate, and the conflicts would also create an issue in enforcement of which requirements to enforce. We have concerns that having conflicting requirements could potentially endanger the residents and the facility staff. For example, assisted living facilities are restricted in § 63.2-1805 D from admitting or retaining residents with certain conditions or care needs. The wording of SB40 would potentially require assisted living facilities to retain residents not allowed under the Code to stay at the facility during an appeal process. This could endanger the resident and staff members caring for the resident and would be a direct violation of the standards. We have requested numerous times that an amendment be made to SB40 to remove the conflicting requirements. Another conflict of SB40 with current requirements is with regards to the timeline for notification. Current requirements state the “resident shall be moved within 30 days;” whereas SB40 states that “at least 30 days prior to an involuntary discharge.” We have requested an amendment to resolve this conflict in language. Again, we have been working in good faith with the Virginia Poverty Law Center and other stakeholders to develop a bill that would be in the best interests of residents, staff, the assisted living facility, and the Department of Social Services, but we cannot support the current wording of the bill. If the Virginia General Assembly wishes, we would welcome the convening of a workgroup to include the stakeholders, such as VALA, and the Department of Social Services that would consider current requirements regarding the discharge of residents in licensed assisted living facilities to make recommendations for improvements to provide a more defined and transparent appeal process for the involuntary discharge of residents in assisted living communities that would not create conflicts with current requirements nor endanger residents and staff. The recommendations of the workgroup could then be presented for consideration during the 2023 General Assembly Session. In addition to the conflicting requirements the published bill language would create, we also have concerns with the fiscal impact to the Commonwealth. As a result, we oppose the bill as currently presented. Thank you.

Last Name: Rawlinson Locality: 5601 Hull St Rd

Requesting information

Last Name: Caywood Locality: Virginia Beach

My mother moved to a nice retirement facility that offered a "continuum of care" with an assisted living wing. About ten years later, one day I was called to come and get her because they were unwilling to have her there any longer because of her diminished mental capacity. I was living several states away and staying in touch mainly by phone, so this was not apparent to me. Fortunately I was able to take time off work to relocate her to where I was living. I didn't know what rights she had, if any, and had no time to think about that anyway. I cannot imagine what it would be like for someone who lacked the time or money to make immediate arrangements. That's why when I read about this bill, I was thankful that it looked like Virginia was taking steps to prevent this kind of upheaval. I see that SB40 would cost the state a small amount, particularly in the first year. There are 26,400 assisted living beds licensed in Virginia. Thus the start-up cost is about $26.44 per licensed bed. I think that's very reasonable for peace of mind. My mother's traumatic eviction was many years ago and she did not live very long afterward. I don't think anyone should be treated like that and I hope you will put a stop to it. Thank you.

Last Name: Hackler Organization: Virginia Assisted Living Association (VALA) Locality: Virginia

My name is Judy Hackler, and I am with the Virginia Assisted Living Association, also known as VALA. I would like to share comments on SB40. After communicating multiple times with the Virginia Poverty Law Center and other stakeholders regarding this bill, we appreciate the initial purpose of the bill, but we do not support the current language that has been presented which would not optimally fulfill the purpose and would not serve the best interest of the residents, the assisted living communities, and the Virginia Department of Social Services. As currently worded, there are direct conflicts with current requirements for licensed assisted living facilities. This conflicting language would force facilities to have to pick which requirement to adhere to and which requirement to violate, and the conflicts would create an issue in enforcement of which requirements to enforce. We have concerns that having conflicting requirements could potentially endanger the residents and the facility staff. Again, we have been working in good faith with the Virginia Poverty Law Center and other stakeholders, but we request the Virginia General Assembly to convene a workgroup to include the stakeholders and the Department of Social Services and to consider current requirements regarding the discharge of residents in licensed assisted living facilities to make recommendations for improvements that provide a more defined and transparent appeal process for the discharge of residents in assisted living communities that would not create conflicts nor endanger residents and staff. We would request the workgroup to present the recommendations for consideration during the 2023 General Assembly Session. In addition to the conflicting requirements the published bill language would create, we also have concerns with the fiscal impact to the Commonwealth. As a result, we oppose the bill as currently presented. Thank you.

SB56 - Foster Care Prevention program; established.
No Comments Available
SB201 - Hospitals; financial assistance for uninsured patient, payment plans.
Last Name: Patwardhan Locality: Fairfax County

I SUPPORT SB 201, 241, 436,

SB231 - Individuals w/developmental disabilities; DMAS to amend waivers providing services, regulation, etc.
No Comments Available
SB241 - Renal Disease Council; created, report.
Last Name: Patwardhan Locality: Fairfax County

I SUPPORT SB 201, 241, 436,

Last Name: Gill Organization: American Kidney Fund Locality: Rockville, MD

Comments Document

RE: SB 241, Renal Disease Council and Renal Disease Council Fund (Hashmi) – SUPPORT Chair Orrock and Members of the Committee: On behalf of all the people we serve in Virginia, I am writing to request your support for SB 241, that would create the Renal Disease Council and Renal Disease Council Fund. This task force will study the reasons for the rising incidence of kidney disease in the state and ways to prevent it. The American Kidney Fund (AKF) is the nation’s leading nonprofit organizations working on behalf of the 37 million Americans living with kidney disease, and the millions more at risk, with an unmatched scope of programs that support people wherever they are in their fight against kidney disease, from prevention through transplant. With programs that address early detection, disease management, financial assistance, clinical research, innovation and advocacy, no kidney organization impacts more lives than AKF. We are also one of the nation’s top-rated nonprofits, investing 97 cents of every donated dollar in programs, AKF has also received the highest 4-Star rating from Charity Navigator for 19 consecutive years, as well as the Platinum Seal of Transparency from Guidestar. Kidney disease is the fastest-growing non-contagious disease in the United States, with 14% of the population believed to have chronic kidney disease (CKD).[1] There are no symptoms of CKD in the early stages, but if a person does not receive treatment, CKD will progress to End Stage Renal Disease (ESRD). The only treatment for ESRD is dialysis or transplant, both life-altering and high-cost options. However, if diagnosed in its early stages CKD can often be slowed or stopped with medication, lifestyle, and diet changes. That is why we are so supportive of all efforts, both public and private to educate, prevent, detect, diagnose, and treat this disease. The pandemic has significantly exacerbated the rising rates of kidney disease. In fact, as many as half of the patients with COVID-19 that go into the ICU are now experiencing kidney failure. As a result, the demand for kidney disease treatment, including dialysis will continue to rise even once the pandemic passes. According to Dr. Steven Coca, associate professor of nephrology at Mount Sinai Health System “The next epidemic will be chronic kidney disease in the U.S. among those who recovered from the coronavirus. Since the start of the coronavirus pandemic, we have seen the highest rate of kidney failure in our lifetimes. It’s a long-term health burden for patients, the medical community — and the U.S. economy.” This task force will study the reasons for the rising incidence of kidney disease in the state and ways to prevent it. Even before the current pandemic, rates of kidney disease have been consistently rising across the country. But the current crisis has significantly increased the urgency to develop comprehensive solutions, specifically to address kidney disease. For these reasons, we are hopeful for your support and stand ready to do whatever we can to help this legislation move forward. Thank you again for your time and for your careful consideration of this important issue. If you have any questions, please feel free to contact me directly at any time. Sincerely, Lindsay Gill American Kidney Fund State Policy and Advocacy lgill@kidneyfund.org

SB268 - Emergency custody and temporary detention; transportation, transfer of custody, alternative custody.
No Comments Available
SB405 - Health insurance; coverage for prosthetic devices and components.
No Comments Available
SB426 - Medical assistance services; state plan, remote patient monitoring.
Last Name: Rawlinson Locality: 5601 Hull St Rd

Requesting information

SB449 - Qualified health plans; state-mandated health benefits.
No Comments Available
SB514 - Incapacitated persons; changes to provisions of guardianship and conservatorship.
Last Name: Jones Organization: myself and my disabled son, an adult in guardianship Locality: Fairfax County (Reston)

Comments Document

Please see attached letter re: my requests regarding SB 514. Thank you.

Last Name: Bell Organization: Anastasia’s Voice Locality: Prince William

Dear Mr. Chairman and Committee Members, My name is Yolanda Bell. I am a Veteran who resides in Manassas and am a constituent of Senator Jeremy McPike. I come from a family of veterans and first responders. I have been fighting for and testifying in favor of guardianship reform for the last three years, after my only sister was horribly neglected, abused, and killed by her guardians in November 2017. You have heard my sisters story and seen what was done to her so know this bill is gravely needed. Week before last after passing unanimously out of COJ three (3) very important guardianship bills (HB643, HB1207, HB1260) were killed in appropriations committee for purely for partisan reasons. This is both a tragedy and unacceptable. Life, health, and safety of the vulnerable is not a partisan issue. It is a moral and human issue. God has commanded us to take care of the least of these, to care for the widow and the stranger, to care for and protect those who cannot protect themselves. Killing those bills made these individuals less safe. The Courts of Justice Committee has a second chance to protect these vulnerable wards by unanimously voting to report Senator McPikes bill SB514 during cross-over. People are being irreparable harmed and are dying. Please unanimously vote to report this bill. Thank you for your time and attention. Sincerely, Yolanda Bell

Last Name: Bell Organization: Anastasia’s Voice Locality: Prince William

Dear Mr. Chairman and Committee Members, My name is Yolanda Bell. I am a Veteran who resides in Manassas and am a constituent of Senator Jeremy McPike.  I come from a family of veterans and first responders. I have been fighting for and testifying in favor of guardianship reform for the last three years, after my only sister was horribly neglected, abused, and killed by her guardians in November 2017. You have heard my sisters story and seen what was done to her so know this bill is gravely needed.  Week before last after passing unanimously out of COJ three (3) very important guardianship bills (HB643, HB1207, HB1260) were killed in appropriations committee for purely for partisan reasons. This is both a tragedy and unacceptable. Life, health, and safety of the vulnerable is not a partisan issue. It is a moral and human issue. God has commanded us to take care of the least of these, to care for the widow and the stranger, to care for and protect those who cannot protect themselves. Killing those bills made these individuals less safe. The Courts of Justice Committee has a second chance to protect these vulnerable wards by unanimously voting to report Senator McPikes bill SB514 during cross-over. People are being irreparable harmed and are dying. Please unanimously vote to report this bill. Thank you for your time and attention. Sincerely, Yolanda Bell

SB593 - Emergency custody or temporary detention order; custody and transportation of persons, etc.
No Comments Available
SB641 - Early Psychosis Intervention and Coordinated Specialty Care Program Advisory Board; established.
No Comments Available
End of Comments