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Mental Health America of Virginia
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Legislative Bill Tracking 2023
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Mental Health
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HB 1524Virginia Opioid Use Reduction and Jail-Based Substance Use Disorder Treatment and Transition Fund; establishedCoynerFund to be administered by the Department of Criminal Justice Services for the purpose of funding and supporting the planning and implementation of locally administered jail-based addiction recovery and substance use disorder treatment and transition programs in local and regional jails.SB820 (Favola)Support02/23/23 Conference: Amended by conference committee02/07/23 House: VOTE: Block Vote Passage (99-Y 0-N) 02/21/23 Senate: Passed Senate with substitute (40-Y 0-N)
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HB 1525Peer recovery specialists; background checks, barrier crime exceptionsCarrie CoynerPermits the Department of Behavioral Health and Developmental Services, direct care service providers, and community boards to hire peer recovery specialists who have been convicted of certain barrier crimes where a history of such offense does not pose a risk in the work of a peer recovery specialist.SB 846 (Favola)Support02/22/23 House: Bill text as passed House and Senate (HB1525ER)02/07/23 House: VOTE: Block Vote Passage (99-Y 0-N) 02/17/23 Senate: Passed Senate (39-Y 0-N)
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HB 1573Mental health conditions and impairment; DHP to amend its licensure, etc., applications.WalkerDirects the Department of Health Professions to amend its licensure, certification, and registration applications to remove any existing questions pertaining to mental health conditions and impairment to and include the following questions: (i) Do you have any reason to believe that you would pose a risk to the safety or well-being of your patients or clients?; and (ii) Are you able to perform the essential functions of a practitioner in your area of practice with or without reasonable accommodation? The bill contains an emergency clause.SB970 Support02/16/23 Senate: Signed by President01/31/23 House: VOTE: Passage Emergency (98-Y 0-N); 02/13/23 Senate: Passed Senate (40-Y 0-N)
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HB 1602State plan for medical assistance services; telemedicine, in-state presence.RobinsonEstablishes that health care providers are not required to maintain a physical presence in the Commonwealth to maintain eligibility to enroll as a Medicaid provider. Additionally, the bill establishes that telemedicine services provider groups with health care providers duly licensed by the Commonwealth are not required to maintain an in-state service address to maintain eligibility to enroll as a Medicaid vendor or Medicaid provider group.Support02/16/23 Senate: Signed by President01/30/23 House: VOTE: Passage (100-Y 0-N); 02/13/23 Senate: Passed Senate (40-Y 0-N)
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HB 1754Telemedicine; extension of time period for provision of servicesHeadThe bill increases from one year to three years the period during which psychologists and clinical social workers who are licensed outside the Commonwealth and who meet certain criteria may provide behavioral health services via telemedicine to a patient located in the Commonwealth.Support02/23/23 House: Bill text as passed House and Senate (HB1754ER)02/06/23 House: VOTE: Passage (100-Y 0-N); 02/20/23 Senate: Passed Senate (40-Y 0-N)
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HB 1792Mental or physical condition; temporary detention in hospital for testing, etc.RansoneClarifies that in the case where a mental or physical condition is a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition resulting from intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment, provided that certain conditions are met.SB808 (Favola)Support02/16/23 Senate: Signed by President02/02/23 House: VOTE: Block Vote Passage (100-Y 0-N); 02/13/23 Senate: Passed Senate (40-Y 0-N)
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HB 1835Health care providers; threats made against providers, penalty.BellRemoves the location element that specifies a health care provider must be in a hospital or in an emergency room on the premises of a clinic or other facility rendering emergency medical care from the crime of making an oral threat to kill or to do bodily injury to a health care provider.monitor02/20/23 House: Bill text as passed House and Senate (HB1835ER)02/02/23 House: VOTE: Passage (84-Y 15-N); 02/15/23 Senate: Passed Senate (30-Y 10-N)
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HB 1945Department of Behavioral Health and Developmental Services; data reporting on childrenTara DurantRemoves the requirement that the Department of Behavioral Health and Developmental Services collect certain data relating to children and adolescents from each community policy and management team and each community services board or behavioral health authority. The bill also directs the Department to make certain changes to the reporting requirements for serious incidents.Monitor02/23/23 House: Bill text as passed House and Senate (HB1945ER)02/07/23 House: VOTE: Block Vote Passage (99-Y 0-N); 02/20/23 Senate: Passed Senate (40-Y 0-N)
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HB 1959Disposition of the unrestorably incompetent defendant; aggravated murder charge.Michael P. MullinProvides that if a defendant is ordered to undergo treatment to restore his competency to stand trial and the initial evaluator has found that the defendant has an ongoing and irreversible medical condition causing him to likely remain incompetent for the foreseeable future or that the defendant has been found to be unrestorably incompetent in the past two years, the initial evaluator shall send a report to the court and the court shall proceed with a competency determination.Monitor02/22/23 Senate: Passed Senate (40-Y 0-N)02/02/23 House: VOTE: Block Vote Passage (100-Y 0-N); 02/22/23 Senate: Passed Senate (40-Y 0-N)
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HB 1976Involuntary admission; temporary detention, release of detained individualRob BellPermits the director of a facility where a person is awaiting transport to the facility of temporary detention pursuant to a temporary detention order to release the person prior to a commitment hearing if the person no longer meets the commitment criteria.SB 1299 (Deeds)Support02/23/23 Senate: Senate insisted on substitute (40-Y 0-N); 02/23/23 Senate: Senate requested conference committee02/07/23 House: VOTE: Block Vote Passage (99-Y 0-N); 02/20/23 Senate: Constitutional reading dispensed (40-Y 0-N)
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HB 2054Community services boards; information to certain defendants, services provided by boards.Patrick A. HopeRequires juvenile and domestic relations district courts and circuit courts, in cases in which a defendant is found not guilty of any offense after a trial at which evidence of the defendant's mental condition at the time of the alleged offense was introduced, to make available to the defendant information regarding services provided by the community services board and how such services may be accessed. The bill requires each community services board to develop, regularly update, and make available to such courts in the same locality information regarding the services provided by the community services board and information about how to access such services.Monitor02/20/23 House: Bill text as passed House and Senate (HB2054ER)01/27/23 House: VOTE: Block Vote Passage (98-Y 0-N); 02/14/23 Senate: Passed Senate (40-Y 0-N)
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HB 2124School psychologists staffingWiltProvides that in order to fill vacant school psychologist positions, any local school board may employ, under a provisional license issued by the Department of Education for three school years with an allowance for an additional two-year extension with the approval of the division superintendent, clinical psychologists licensed by the Board of Psychology, provided that any such individual makes progress toward completing the requirements for full licensure as a school psychologist during such period of employment.Support02/16/23 Senate: Signed by President01/27/23 House: VOTE: Block Vote Passage (98-Y 0-N); 02/13/23 Senate: Passed Senate (40-Y 0-N)
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HB 2146Social Workers licensed by other statesGuzmanDirects the Virginia Board of Social Work to adopt reciprocity standards for licensed clinical social worker candidates who meet certain criteria and are licensed in another state. The bill directs the Board of Social Work to develop and adopt application criteria and procedures for LCSW licensure by endorsement and to provide the reciprocity standards and application criteria and procedures to the Virginia Department of Health Professions by October 1, 2023.Support02/24/23 House: Bill text as passed House and Senate (HB2146ER)02/06/23 House: VOTE: Block Vote Passage (100-Y 0-N); 02/21/23 Senate: Passed Senate (40-Y 0-N)
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HB 2182Behavioral Health Commission; advisory committeeRoxann RobinsonDirects the Behavioral Health Commission to establish an advisory committee composed of individuals, to serve without compensation, who are currently receiving or have received behavioral health services to perform duties assigned by the Commission and to make recommendations to the Commission.Support02/06/23 House: VOTE: Block Vote Passage (100-Y 0-N); 02/21/23 Senate: Passed Senate (40-Y 0-N)VOCAL
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HB 2187School counselors; staff time.RasoulDefines the terms "direct counseling" and "program planning and school support" for the purpose of the provision of law that requires each school counselor to spend at least 80 percent of his staff time during normal school hours in the direct counseling of individual students or groups of students and clarifies that each school counselor may also spend up to 20 percent of his staff time during normal school hours on program planning and support. This bill is a recommendation of the Behavioral Health Commission and the Joint Legislative Audit and Review Commission.SB1257 (Favola)Support02/23/23 Conference: Amended by conference committee02/03/23 House: VOTE: Passage (94-Y 5-N); 02/13/23 Senate: Passed Senate with substitute (39-Y 1-N)
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HB 2190Department of Medical Assistance Services; contracts with managed care organizations; data collections and reporting requirements; report.RasoulRequires the Department of Medical Assistance Services to include in its contracts with managed care organizations provisions that require the managed care organization to collect and report to the Department data regarding (i) the number and percentage of claims that are denied and the reasons for such denials and (ii) the number and percentage of claims that required resubmission prior to payment and the reasons for such resubmissions. The bill requires the Department to (a) examine such data and identify barriers that providers encounter when accepting and treating patients enrolled in the state plan for medical assistance services and (b) report such data and analysis by October 1 of each year to the Joint Commission on Health Care and the Joint Subcommittee for Health and Human Resources Oversight. This bill is a recommendation of the Joint Commission on Health Care.SB 1270 (Edwards)Support02/16/23 Senate: Signed by President01/30/23 House: VOTE: (100-Y 0-N); 02/13/23 Senate: Passed Senate (40-Y 0-N)
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HB 2192Catawba hospitalRasoulDirects the Department of Behavioral Health and Developmental Services to transform Catawba Hospital into a state-of-the-art facility at which a continuum of substance abuse treatment and recovery services is provided in addition to the array of behavioral health and other services currently provided to geriatric individuals in need of mental health care.Monitor02/16/23 Senate: Rereferred to Finance and Appropriations02/07/23 House: VOTE: Block Vote Passage (99-Y 0-N)
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HB 2216Health insurance; mental health benefits; coverage for mobile crisis response servicesJay LeftwichRequires health insurance carriers to provide coverage for mobile crisis response services, defined in the bill, and support and stabilization services provided in a residential crisis stabilization unit, defined in the bill.SB 1347 (Cosgrove)Support02/20/23 House: VOTE: Adoption (99-Y 0-N)02/07/23 House: VOTE: Block Vote Passage (99-Y 0-N); 02/16/23 Senate: Passed Senate with substitute (40-Y 0-N)
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HB 2231social work board licensingSicklesExpands the powers and duties of the Board of Social Work to requires the Board to maintain a list of the names and contact information of persons approved by the Board to supervise candidates for licensure as a clinical social worker and allows supervisees pursuing licensure as a clinical social worker to change or add a supervisor from the Board's list of approved supervisors without prior approval from the Board.Support02/20/23 House: Bill text as passed House and Senate (HB2231ER)01/23/23 House: VOTE: (99-Y 0-N); 02/14/23 Senate: Passed Senate (40-Y 0-N)
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HB 2255provider licensing HodgesRemoves the requirement that an inspection is conducted annually and replaces it with a requirement that an inspection is conducted at least once during the licensing period. The bill removes an evaluation of physical facilities where services are provided from the inspection requirements.Monitor 02/24/23 House: Bill text as passed House and Senate (HB2255ER)02/06/23 House: VOTE: Block Vote Passage (100-Y 0-N); 02/21/23 Senate: Passed Senate (40-Y 0-N)
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HB 2262Health insurance; provider credentialing; processing of new pplicationsKeith HodgesRequires a health insurance carrier that credentials the physicians, mental health professionals, or other providers in its network to establish reasonable protocols and procedures for processing of new provider credentialing applications. The bill requires such protocols and procedures to require the carrier to to approve or deny new provider credentialing applications within 60 days of receiving a completed application and to provide notice to the new provider applicant that the provider's application is received and complete. The bill also requires payment no later than 30 days after the carrier approves the new provider credentialing application for services that are rendered from the date the new provider applicant's completed credentialing application is provided to the carrier for consideration.SB 1154 (Mason)Support02/21/23 House: Bill text as passed House and Senate (HB2262ER)VACBP Bill (bill passed); 02/06/23 House: VOTE: Block Vote Passage (100-Y 0-N); 02/16/23 Senate: Passed Senate (40-Y 0-N)
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HB 1707Public school students; self-identification as gender other than biological sex; parental contactDurantRequires [school personnel] who, in the scope of his employment, has reason to believe, as a result of direct communication from a student, that such student is self-identifying as a gender that is different than his biological sex to contact, as soon as practicable and in accordance with Board guidelines, at least one of such student's parents to ask whether such parent is aware of the student's mental state and whether the parent wishes to obtain or has already obtained counseling for such student.Oppose
02/03/23 House: Incorporated by
Education (HB2432-LaRock) by voice vote
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SB 797Local and Regional Jails, State Board of; increases membership.FavolaIncreases from nine members to 11 members the State Board of Local and Regional Jails by requiring (i) the appointment of both a former sheriff and a former superintendent of a regional jail facility where current law requires appointment of only one former sheriff or one former warden, superintendent, administrator, or operations manager of a state or local correctional facility and (ii) the appointment of an additional member who is employed by a public mental health services agency with training in or clinical, managerial, or other relevant experience working with individuals subject to the criminal justice system who have mental illness.Support02/22/23 Senate: Bill text as passed Senate and House (SB797ER)Passed BOTH houses of Congress
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SB 802Licensure of professional counselors; Counseling Compact. Authorizes Virginia to become a signatory to the Counseling Compact.Ghazala F. HashmiThe Compact permits eligible licensed professional counselors to practice in Compact member states, provided that they are licensed in at least one member state.Support02/22/23 House: VOTE: Passage (97-Y 1-N)Passed senate and currently going through House.
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SB 808Mental or physical condition; temporary detention in hospital for testing, observation, etc.Barbara FavolaClarifies that in the case where a mental or physical condition is a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition resulting from intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment, provided that certain conditions are met.HB1792Support01/26/23 Senate: Incorporated by Education and Health (SB1302-Deeds) (14-Y 0-N)
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SB 820Va. Opioid Use Reduction & Jail-Based Substance Use Disorder Treatment & Transition Fund; establish.FavolaFund to be administered by the Department of Criminal Justice Services for the purpose of funding and supporting the planning and implementation of locally administered jail-based addiction recovery and substance use disorder treatment and transition programs in local and regional jails.Support
02/23/23 House: Delegates: Coyner, Ballard, McQuinn
Seems to be a back and forth of blocking the vote and subsituting new provisions.
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SB 827Hospital emergency departments; required security and training, regulationsBarbara FavolaDirects the Board of Health to amend its regulations to require every hospital with an emergency department to have at least one off-duty law-enforcement officer or a trained security officer present at all times. Hospital protocols shall ensure such officers providing security receive training in the use of weapons, defensive tactics, de-escalation techniques, appropriate physical restraint techniques, crisis intervention, and trauma-informed approaches in identifying and safely addressing situations involving patients, family members, or other persons who pose a risk of harm to themselves or others due to mental illness or substance abuse or who are experiencing a mental health crisis.Support02/22/23 Senate: Bill text as passed Senate and House (SB827ER)Passed BOTH houses
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SB 846Background checks; peer recovery specialists; barrier crime exceptionsBarbara FavolaPermits the Department of Behavioral Health and Developmental Services, direct care service providers, and community boards to hire peer recovery specialists who have been convicted of certain barrier crimes where a history of such offense does not pose a risk in the work of a peer recovery specialist.HB 1525 (Coyner)Support02/22/23 Senate: Bill text as passed Senate and House (SB846ER)Passed BOTH houses
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SB 872Emergency custody; temporary detention, alternative transportationStephen NewmanRequires magistrates to authorize alternative transportation if a person subject to an emergency custody order or temporary detention order is deemed to not be a danger to himself or others and appropriate alternative transportation is available.Support but may need clarification02/23/23 House: Passed House BLOCK VOTE (96-Y 0-N)Passed senate, going thorugh House currently.
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SB887Solitary ConfinementMorrisyProhibits the use of isolated confinement, as defined in the bill, in state correctional facilities, subject to certain exceptions.Support02/22/23 House: Delegates: Davis, Bell, Campbell, E.H.Going through a back and forth of delegates
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SB 970Mental health conditions and impairment; DHP to amend its licensure, etc., applications.MasonDirects the Department of Health Professions to amend its licensure, certification, and registration applications to remove any existing questions pertaining to mental health conditions and impairment to and include the following questions: (i) Do you have any reason to believe that you would pose a risk to the safety or well-being of your patients or clients?; and (ii) Are you able to perform the essential functions of a practitioner in your area of practice with or without reasonable accommodation? The bill contains an emergency clause.HB1573Support
02/23/23 Senate: Bill text as passed Senate and House (SB970ER)
Passed BOTH houses
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SB1043Counselors in SchoolsMcPikeRequires Dep. of Health to develop, adopt, and distribute to each school board a model memorandum of understanding between a school board and a public or private community mental health services provider that sets forth parameters for the provision of mental health services to public school students enrolled in the local school division by such provider. Allows schools to employ (with certain conditions) clinical psychologists.Support02/23/23 House: Delegates: Davis, Durant, VanValkenburgGoing through a back and forth of delegates
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SB1119Telemedicine;
extension of time period for
provision of services.		StuartAllows patients who have an established relationship with a practitioner who is a member of a health maintenance organization or multispecialty group to receive services from a practitioner who is a member of the same multispecialty group via telemedicine without undergoing another in-person exam within the specified time period and increases the specified time period from one year to three years.Support02/16/23 House: Signed by SpeakerPassed senate, going through House currently.
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SB 1154Health insurance; provider credentialing; processing of new applicationsMonty MasonRequires a health insurance carrier that credentials the physicians, mental health professionals, or other providers in its network to establish reasonable protocols and procedures for processing of new provider credentialing applications. The bill requires such protocols and procedures to require the carrier to to approve or deny new provider credentialing applications within 60 days of receiving a completed application and to provide notice to the new provider applicant that the provider's application is received and complete. The bill also requires payment no later than 30 days after the carrier approves the new provider credentialing application for services that are rendered from the date the new provider applicant's completed credentialing application is provided to the carrier for consideration.HB 2262 (Hodges)Support02/16/23 House: Signed by SpeakerVACBP Bill01/27/23 Senate: Read third time and passed Senate (40-Y 0-N)
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SB 1279Insurance company data and reporting (HB2190) EdwardsRequires the Department of Medical Assistance Services to include in its contracts with managed care organizations provisions that require the managed care organization to collect and report to the Department data regarding (i) the number and percentage of claims that are denied and the reasons for such denials and (ii) the number and percentage of claims that required resubmission prior to payment and the reasons for such resubmissions. The bill requires the Department to (a) examine such data and identify barriers that providers encounter when accepting and treating patients enrolled in the state plan for medical assistance services and (b) report such data and analysis by October 1 of each year to the Joint Commission on Health Care and the Joint Subcommittee for Health and Human Resources Oversight. This bill is a recommendation of the Joint Commission on Health Care.HB 2190Support02/22/23 Senate: Bill text as passed Senate and House (SB1279ER)Passed BOTH houses
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SB 1299Involuntary admission; temporary detention; release of detained individual.Creigh DeedsPermits the director of a facility where a person is awaiting transport to the facility of temporary detention pursuant to a temporary detention order to release the person prior to a commitment hearing if the person no longer meets the commitment criteria.HB 1976 (Bell)Support02/23/23 House: Delegates: Bell, Ransone, WattsDelegates going back and forth
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SB 1300Trauma training for K-12 school teachers DeedsDirects the Board of Education to work in collaboration with the Department of Behavioral Health and Developmental Services to develop a comprehensive trauma-informed care training program for elementary and secondary school teachers for the purpose of ensuring that all teachers are equipped with the skills, knowledge, and resources to recognize and address signs of childhood trauma, as defined in the bill, in students, to foster a trauma-sensitive learning environment, and to ensure that students who have experienced childhood trauma receive the support they need, both inside and outside of the classroom. The bill requires the trauma-informed care training program to be provided annually and in person at each school division by a representative from the Department of Behavioral Health and Developmental Services and to be administered by the Department of Education and the Department of Behavioral Health and Developmental Services. Finally, the bill requires each local school board to adopt and implement policies requiring annual completion of the trauma-informed care training program by each primary and secondary school teacher in the school division.Support02/23/23 House: Delegates: Davis, Coyner, SewellDelegates going back and forth
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SB 1302Temp Detention for observationDeedsClarifies that in the case where a mental or physical condition is a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition resulting from intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment, provided that certain conditions are met.HB1792Monitor02/23/23 Senate: House amendment agreed to by Senate (34-Y 6-N)similar SB808 (passed senate, going through House currently)
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SB 1347Health insurance; mental health benefits; coverage for mobile crisis response servicesJohn CosgroveRequires health insurance carriers to provide coverage for mobile crisis response services, defined in the bill, and support and stabilization services provided in a residential crisis stabilization unit, defined in the bill.HB 2216 (Leftwich)Support02/21/23 House: VOTE: Block Vote Passage (99-Y 0-N)
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SB 1418DMAS TelemedicinePullionEstablishes that health care providers are not required to maintain a physical presence in the Commonwealth to maintain eligibility to enroll as a Medicaid provider. Additionally, the bill establishes that telemedicine services provider groups with health care providers duly licensed by the Commonwealth are not required to maintain an in-state service address to maintain eligibility to enroll as a Medicaid vendor or Medicaid provider group.HB1602Support02/21/23 House: VOTE: Block Vote Passage (99-Y 0-N)
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SB 1257School counselors; staff timeFavolaDefines the terms "direct counseling" and "program planning and school support" for the purpose of the provision of law that requires each school counselor to spend at least 80 percent of his staff time during normal school hours in the direct counseling of individual students or groups of students and clarifies that each school counselor may also spend up to 20 percent of his staff time during normal school hours on program planning and support.HB2187Support01/26/23 Senate: Incorporated by Education and Health (SB1043-McPike) (15-Y 0-N)
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