2020 General Assembly Session

Retirement & Insurance Related Legislation

2020 General Assembly Summary
Retirement & Insurance Related Legislation
Fairfax County Public Schools, Office of Government Relations

This report describes all of the Retirement & Insurance-related legislation considered during the 2020 General Assembly Regular Session.  Bills are listed in one of three categories: Approved, Continued to 2021, or Failed. 

Approved legislation goes into effect on July 1, 2020 unless otherwise specified in the legislation itself.

Bills designated as “Continued to 2021” are effectively “Failed” for purposes of the 2020 Session, but can still be acted upon by the Committee that recommended continuing the legislation prior to the 2021 Session (by December 3, 2020).  Even if a bill were to be acted upon prior to that deadline (which rarely occurs), it would still have to proceed through the remainder of the legislative process (pass in both chambers, signed by the Governor) during the 2021 Session.

Summaries are linked to the Division of Legislative Services’ web pages for text, up to date summary information, and fiscal impact statements. If a bill of interest is not found in one category, please check another as legislation often can fit under multiple categories.

UPDATED:  March 30, 2020

RETIREMENT AND INSURANCE – PASSED

Health Benefit Plans; Sale or Renewal or Offer of Plans, Special Exception HB 1141 (Tran)  repeals a provision of the Code of Virginia authorizing health carriers to sell, issue, or offer for sale any health benefit plan that would otherwise not be permitted to be sold, issued, or offered for sale due to conflict with the requirements of the federal Patient Protection and Affordable Care Act (PPACA), to the extent that the(a) the appropriate federal authority has suspended enforcement of provisions of the PPACA or (b) the requirements of the PPACA are amended by any federal law.  

Health Insurance; Cost-Sharing Payments for Prescription Insulin Drugs HB 66 (Carter) prohibits health insurance companies and other carriers from setting an amount exceeding $30 per 30-day supply that a covered person is required to pay at the point of sale in order to receive a covered prescription insulin drug. The measure also prohibits a provider contract between a carrier or its pharmacy benefits manager and a pharmacy from containing a provision authorizing the carrier's pharmacy benefits manager or the pharmacy to charge, requiring the pharmacy to collect, or requiring a covered person to make a cost-sharing payment for a covered prescription insulin drug in an amount that exceeds such limitation.  HB 66 incorporates HB 1403 (Leftwich).

Health Insurance; Coverage for Autism Spectrum Disorder HB 1503 (Ward) and SB 1031 (Barker) require health insurers, corporations providing health care subscription plans, and health maintenance organizations to provide coverage for the diagnosis and treatment of autism spectrum disorder under insurance policies, subscription contracts, or health care plans issued in the individual market or small group markets. The existing requirement that such coverage be provided for policies, contracts, or plans issued in the large group market is not affected. The provision applies with respect to insurance policies, subscription contracts, and health care plans delivered, issued for delivery, reissued, or extended on or after January 1, 2021. HB 1503 incorporates HB 1043 (Krizek).

Health Insurance; Credits for Retired School Division Employees HB 1513 (McQuinn) requires school divisions to provide a health insurance credit of $1.50 per year of service to non-teacher employees of a local school division with at least 15 years of total creditable service. In addition, localities may elect to provide such individuals an additional health insurance credit of up to $1 per month for each year of creditable service. This measure does not apply to any local school division employee who retired on disability prior to July 1, 2020, if this measure would reduce the monthly credit currently payable to such former member. Eligible employees who retired prior to July 1, 2020, and did not receive a health insurance credit prior to that date will only receive the $1.50 per year of service health insurance credit prospectively. The bill provides that the additional benefits for retired school division employees other than teachers shall not be paid to any such employee prior to July 1, 2021. 

Health Insurance; Essential Health Benefits, Preventive Services SB 95 (Favola) requires a health carrier offering or providing a health benefit plan, including (i) catastrophic health insurance policies and policies that pay on a cost-incurred basis; (ii) association health plans; and (iii) plans provided by a multiple-employer welfare arrangement, to provide, as an essential health benefit, coverage that includes preventive care. The bill defines essential health benefits as those general categories and those items and services within such categories that are covered in accordance with regulations issued pursuant to the Patient Protection and Affordable Care Act in effect as of January 1, 2019.

Health Insurance; Formula and Enteral Nutrition Products HB 840 (Murphy) and SB 605 (McDougle)  require health insurers, health care subscription plans, and health maintenance organizations whose policy, contract, or plan includes coverage for medicines to classify medically necessary formula and enteral nutrition products as medicine and to include coverage for medically necessary formula and enteral nutrition products for covered individuals requiring treatment for an inherited metabolic disorder. Such coverage is required to be provided on the same terms and subject to the same conditions imposed on other medicines covered under the policy, contract, or plan. The measures provide that the required coverage includes any medical equipment, supplies, and services that are required to administer the covered formula or enteral nutrition products. These requirements apply only to formula and enteral nutrition products that are furnished pursuant to the prescription or order of a physician or other health care professional qualified to make such prescription or order for the management of an inherited metabolic disorder and are used under medical supervision.  SB 605 incorporates SB 654 (Boysko).

Health Insurance; Interhospital Transfer for Newborn or Mother SB 718 (McClellan) prohibits health insurers from requiring prior authorization for the interhospital transfer of a newborn infant experiencing a life-threatening emergency condition or the hospitalized mother of such newborn infant to accompany the infant.

Health Insurance; Mandated Coverage for Hearing Aids for Minors SB 423 (DeSteph) requires health insurers, health maintenance organizations, and corporations providing health care coverage subscription contracts to provide coverage for hearing aids and related services for children 18 years of age or younger when an otolaryngologist recommends such hearing aids and related services. The coverage includes one hearing aid per hearing-impaired ear, up to a cost of $1,500, every 24 months. The measure applies to policies, contracts, and plans delivered, issued for delivery, or renewed on and after January 1, 2021.

Health Insurance; Nondiscrimination; Gender Identity or Transgender Status HB 1429 (Roem)  prohibits a health carrier from denying or limiting coverage or imposing additional cost sharing or other limitations or restrictions on coverage, under a health benefit plan for health care services that are ordinarily or exclusively available to covered individuals of one sex, to a transgender individual on the basis of the fact that the individual's sex assigned at birth, gender identity, or gender otherwise recorded is different from the one to which such health services are ordinarily or exclusively available. The measure also prohibits a health carrier from subjecting an individual to discrimination under a health benefit plan on the basis of gender identity or being a transgender individual or requiring that an individual, as a condition of enrollment or continued enrollment under a health benefit plan, pay a premium that is greater than the premium for a similarly situated covered person enrolled in the plan on the basis of the covered person's gender identity or being a transgender individual. The measure requires health carriers to assess medical necessity according to nondiscriminatory criteria that are consistent with current medical standards.  

Health Insurance; Payment to Out-of-Network Providers, Emergency Services HB 1251 (Torian) and SB 172 (Favola) provide that when an enrollee receives emergency services from an out-of-network health care provider or receives out-of-network surgical or ancillary services at an in-network facility, the enrollee is not required to pay the out-of-network provider any amount other than the applicable cost-sharing requirement and such cost-sharing requirement cannot exceed the cost-sharing requirement that would apply if the services were provided in-network. The measures also provide that the health carrier's required payment to the out-of-network provider of the services is a commercially reasonable amount based on payments for the same or similar services provided in a similar geographic area. If such provider disputes the amount to be paid by the health carrier, the measures require the provider and the health carrier to make a good faith effort to reach a resolution on the amount of the reimbursement. If the health carrier and the provider do not agree to a commercially reasonable payment and either party wants to take further action to resolve the dispute, then the measure requires the dispute will be resolved by arbitration. The measures establish a framework for arbitration of such disputes that includes (i) a timeline for the proceedings, (ii) a method for choosing an arbitrator, (iii) required and optional factors for the arbitrator to consider, (iv) non-disclosure agreements, (v) reporting requirements, and (vi) an appeals process for appeals on certain procedural grounds. The measures require the State Corporation Commission to contract with Virginia Health Information (VHI) to establish a data set and business protocols to provide health carriers, providers, and arbitrators with data to assist in determining commercially reasonable payments and resolving disputes. The measures require the Commission, in consultation with health carriers, providers, and consumers, to develop standard language for a notice of consumer rights regarding balance billing. The measures authorize the Commission, the Board of Medicine, and the Commissioner of Health to levy fines and take action against a health carrier, health care practitioner, or medical care facility, respectively, for a pattern of violations of the prohibition against balance billing. Additionally, the measures prohibit a carrier or provider from initiating arbitration with such frequency as to indicate a general business practice. The measures provide that such provisions do not apply to an entity that provides or administers self-insured or self-funded plans; however, such entities may elect to be subject such provisions. The measures authorize the Commission to adopt rules and regulations governing the arbitration process. The measure has a delayed effective date of January 1, 2021. HB 1251 incorporates HB 58 (Ware), HB 189 (Levine), HB 901 (Sickles), HB 1494 (Bagby), and HB 1546 (Adams).

Insurance for Certain Retired Employees of Political Subdivisions HB 1385 (Leftwich) and SB 349 (Lucas) allow localities to extend certain insurance benefits to retired employees of political subdivisions.  

Pharmacy Benefits Managers; Licensure and Regulation HB 1290 (Leftwich) and SB 251 (Edwards) provide that no person is authorized to provide pharmacy benefits management services or otherwise act as a pharmacy benefits manager without first obtaining a license from the State Corporation Commission. The measures prohibit a carrier on its own or through its contracted pharmacy benefits manager or representative of a pharmacy benefits manager from (i) causing or knowingly permitting the use of any advertisement, promotion, solicitation, representation, proposal, or offer that is untrue; (ii) charging a pharmacist or pharmacy a fee related to the adjudication of a claim other than a reasonable fee for an initial claim submission; (iii) reimbursing a pharmacy or pharmacist an amount less than the amount that the pharmacy benefits manager reimburses a pharmacy benefits manager affiliate for providing the same pharmacist services, calculated on a per-unit basis using the same generic product identifier or generic code number and reflecting all drug manufacturer's rebates, direct and indirect administrative fees, and costs and any remuneration; or (iv) penalizing or retaliating against a pharmacist or pharmacy for exercising rights provided by this measure. The measures also prohibit a carrier from (a) imposing provider accreditation standards or certification requirements inconsistent with, more stringent than, or in addition to requirements of the Virginia Board of Pharmacy or other state or federal entity; (b) including any mail order pharmacy or pharmacy benefits manager affiliate in calculating or determining network adequacy; or (c) conducting spread pricing in the Commonwealth. The measures also impose recordkeeping and reporting requirements. HB 1290 incorporates HB 1659 (Head) and SB 251 incorporates SB 862 (Pillion).  The bill has a delayed effective date of October 1, 2020.

Unemployment Compensation; Leaving Employment to Follow Military Spouse HB 143 (Ware) repeals the sunset provision on the current statutory provision that provides that good cause for leaving employment exists if an employee voluntarily leaves a job to accompany the employee's spouse, who is on active duty in the military or naval services of the United States, to a new military-related assignment established pursuant to a permanent change of duty order from which the employee's place of employment is not reasonably accessible. This provision will presently expire on December 31, 2020.

Virginia Retirement System; Accidental Death and Dismemberment Benefits, Definitions HB 536 (Carr) and SB 109 (Ruff) change the funding structure for the Virginia Retirement System's obligation to fund a savings trust account for higher education for a qualifying child of a VRS member who dies as a result of an accident caused by a felonious assault committed by other than an immediate family member. The bills require VRS to contribute to such trust account an amount equal to the current average cost, as published by the State Council of Higher Education for Virginia, of four years of tuition and mandatory fees at baccalaureate public institutions of higher education in the Commonwealth.

Virginia Retirement System; Retired Law-Enforcement Officers Employed As School Security HB 1495 (Torian) and SB 54 (Cosgrove) allow a retired law-enforcement officer to continue to receive his service retirement allowance during a subsequent period of employment by a local school division as a school security officer, so long as he has a break in service of at least 12 calendar months between retirement and reemployment, did not retire under an early retirement program, and did not retire under the Workforce Transition Act of 1995. HB 1495 incorporates HB 986 (Batten), HB 1368 (Leftwich), and HB 1493 (Helmer).

Workers' Compensation; Employer to Notify Employee of Intent HB 46 (Carter) requires an employer whose employee has filed a claim under the Virginia Workers' Compensation Act to advise the employee whether the employer intends to accept or deny the claim or is unable to make such a determination because it lacks sufficient information from the employee or a third party. If the employer is unable to make such a determination because it lacks sufficient information from the employee or a third party, the employer shall so state and identify the needed additional information. If the employer intends to deny the claim, it shall provide the reasons. The bill provides that an employer may, if the employee consents, send any such required response to the employee by email.

Workers' Compensation; Presumption of Compensability for Certain Diseases HB 783 (Askew) and SB 9 (Saslaw) add cancers of the colon, brain, or testes to the list of cancers that are presumed to be an occupational disease covered by the Virginia Workers' Compensation Act when firefighters or certain employees develop the cancer. The presumption shall not apply for any individual who was diagnosed with one of the conditions before July 1, 2020. The measures remove the compensability requirement that the employee who develops cancer had contact with a toxic substance encountered in the line of duty. The bills also reduce the number of years of service needed to qualify for the presumption from 12 to five for various types of cancer. For hypertension or heart disease, the bills add a requirement that an individual complete five years of service in their position in order to qualify. HB 783 incorporates HB 44 (Brewer), HB 121 (Carroll Foy), HB 733 (Reid) and HB 1536 (Wyatt).  SB 9 incorporates SB 58 (Cosgrove), SB 381 (McPike) and SB 531 (Vogel).

Workers' Compensation; Ombudsman Program HB 1558 (Kilgore) authorizes the Virginia Workers' Compensation Commission to create an Ombudsman program and appoint an ombudsman to administer such program. The program's purpose will be to provide neutral educational information and assistance to persons who are not represented by an attorney, including those persons who have claims pending or docketed before the Commission.

Workers' Compensation; Repetitive Motion Injuries HB 617 (Guzman) directs the Virginia Workers' Compensation Commission to engage an independent and reputable national research organization  to examine the implications of covering workers' injuries caused by repetitive motion through the Virginia workers' compensation system. 

Workers' Compensation; Post-Traumatic Stress Disorder; Law-Enforcement Officers and Firefighters HB 438 (Heretick) and SB 561 (Vogel) provide that post-traumatic stress disorder incurred by a law-enforcement officer or firefighter is compensable under the Virginia Workers' Compensation Act if a mental health professional examines a law-enforcement officer or firefighter and diagnoses the individual as suffering from post-traumatic stress disorder as a result of the individual's undergoing of a qualifying event, defined as an incident or exposure occurring in the line of duty on or after July 1, 2020, (i) resulting in serious bodily injury or death to any person or persons; (ii) involving a minor who has been injured, killed, abused, or exploited; (iii) involving an immediate threat to life of the claimant or another individual;(iv) involving mass casualties; or (v) responding to crime scenes for investigation. Other conditions for compensability include (a) if the post-traumatic stress disorder resulted from the law-enforcement officer or firefighter acting in the line of duty and, in the case of a firefighter, such firefighter complied with certain federal Occupational Safety and Health Act standards; (b) if the law-enforcement officer's or firefighter's undergoing of a qualifying event was a substantial factor in causing his post-traumatic stress disorder; (c) if such qualifying event, and not another event or source of stress, was the primary cause of the post-traumatic stress disorder; and (d) if the post-traumatic stress disorder did not result from any disciplinary action, work evaluation, job transfer, layoff, demotion, promotion, termination, retirement, or similar action of the officer or firefighter. The measures also establish requirements for resilience and self-care technique training. HB 438 incorporates HB 1596 (Murphy) and SB 561 incorporates SB 741(McPike) and SB 924 (Cosgrove).

   

RETIREMENT AND INSURANCE – CONTINUED TO 2021

Health Benefit Plans; Enrollment by Pregnant Individuals HB 39 (Samirah) would require health carriers to allow pregnant individuals to enroll in a health benefit plan at any time after the commencement of the pregnancy, with the pregnant individual's coverage being effective as of the first of the month in which the individual receives certification of the pregnancy. The measure applies to such agreements that are entered into, amended, extended, or renewed on or after January 1, 2021.

Health Carriers; Licensed Athletic Trainers HB 59 (Ware) would require health insurers and health service plan providers whose policies or contracts cover services that may be legally performed by a licensed athletic trainer to provide equal coverage for such services when rendered by a licensed athletic trainer.

Health Insurance; Coverage for Donated Human Breast Milk HB 442 (Carroll Foy) would require health insurers, corporations providing health care coverage subscription contracts, and health maintenance organizations to provide coverage for expenses incurred in the provision of pasteurized donated human breast milk.

Health Insurance; Coverage for Fertility Preservation Procedures for Cancer Patients HB 776 (Helmer) would require health insurance policies, subscription contracts, and health care plans to provide coverage for standard fertility preservation procedures that are medically necessary to preserve the fertility of a covered individual due to the covered individual's receiving cancer treatment that may directly or indirectly cause iatrogenic infertility. HB 776 incorporates HB 1567 (Keam). 

Health Insurance; Coverage for Mammograms HB 579 (Guzman) would require health insurers, on and after January 1, 2021, to provide coverage for low-dose screening mammograms at rates that are more frequent than is currently required if the covered individual has a family history of breast cancer. If the individual has a family history of breast cancer, the bill would have required coverage for annual mammograms from age 30 through 49 and biannual mammograms starting at age 50.

Health Insurance; Coverage for Prosthetic Devices HB 503 (Roem) and SB 382 (McPike) would require health insurers, corporations providing health care coverage subscription contracts, health maintenance organizations, and the Commonwealth's Medicaid program to provide coverage for prosthetic devices, including myoelectric, biomechanical, or microprocessor-controlled prosthetic devices that have a Medicare code.

Health Insurance; Essential Health Benefits, Abortion Coverage HB 1713 (Hudson) would remove the prohibition on the provision of coverage for abortions in any qualified health insurance plan that is sold or offered for sale through a health benefits exchange established or operating in Virginia.

Health Insurance for Local School Board Employees SB 234 (Chafin) would allow local school boards to elect to have all of their employees and retirees, as well as the dependents of such employees and retirees, be eligible to participate in the state employee health insurance plan in lieu of the current state-administered local health insurance plan. Any participating local school board would be responsible for whatever portion of the cost of such insurance is not paid by the employee, except any portion that the General Assembly elects to pay.  

Health Insurance; Mandated Coverage for Hearing Aids for Minors HB 1594 (Cole, J.G.) would provide mandated coverage for hearing aids for minors.

Health Insurance; Provider Contracts; Business Practices SB 765 (Barker) would prohibit a carrier from unilaterally amending a provider contract or any material provision, addenda, schedule, exhibit, or policy thereto, as it relates to any material provision that was agreed to or accepted by the provider in the previous 12-month period. The measure would require such an amendment to be agreed to by the provider in a signed written amendment to the provider contract. The measure would define a material provision of a provider contract as any policy manual, coverage guideline, edit, multiple procedure logic, or audit procedure that decreases the provider's payment or compensation, limits an enrollee's access to covered services under his health plan, or changes the administrative procedures applicable to a provider contract in a way that may reasonably be expected to significantly increase the provider's administrative expense. The measure would require carriers to permit a provider to determine the carrier's policies regarding the use of edits or multiple procedure logic. The measure would require carriers to provide, for each health plan in which the provider participates or is proposed to participate, a complete fee schedule for all health care services included under the provider contract with the provider in writing and to make them available in machine-readable electronic format. The measure would require carriers to permit a provider a minimum of one year from the date a health care service is rendered to submit a claim for payment.

Preventive Services; Coverage for Outpatient Mental Health Screenings or Visits HB 1036 (Rasoul) would require a health carrier to provide coverage as a preventive service for at least six annual therapy or counseling outpatient screenings or visits with a licensed mental health professional for the early detection or prevention of mental illness. Health carriers are prohibited from imposing any cost-sharing requirements for mandated preventive services.  

Prescription Drug Price Transparency; Penalties HB 1559 (Hurst) would require pharmaceutical drug manufacturers, pharmacy benefits managers, and health carriers to submit reports containing certain information concerning prescription drug costs to the Commissioner of the Bureau of Insurance (the Commissioner). The measure would require pharmaceutical drug manufacturers' reports to include information on the current wholesale acquisition cost information for FDA-approved drugs sold in or into the Commonwealth by the pharmaceutical drug manufacturer

Preventive Services; Coverage for Outpatient Mental Health Screenings or Visits HB 1036 (Rasoul) would require a health carrier to provide coverage as a preventive service for at least six annual therapy or counseling outpatient screenings or visits with a licensed mental health professional for the early detection or prevention of mental illness. Health carriers would be prohibited from imposing any cost-sharing requirements for mandated preventive services.

Reproductive Health Services; Health Benefit Plans to Cover the Costs of Specified Services, etc. HB 526 (Kory) would require health benefit plans to cover the costs of specified health care services, drugs, devices, products, and procedures related to reproductive health, including well-woman preventive visits; counseling for sexually transmitted infections; screening for certain conditions; (iv) folic acid supplements; breastfeeding support, counseling, and supplies; breast cancer chemoprevention counseling; contraceptive drugs, devices, or products; voluntary sterilization; and any additional preventive services for women that must be covered without cost sharing under federal law as of January 1, 2019.  SB 917 (Locke) would require health benefit plans to cover the costs of specified health care services, drugs, devices, products, and procedures related to reproductive health. The health benefit plan requirements would become effective when a plan is delivered, issued for delivery, reissued, or extended in the Commonwealth on and after January 1, 2021, or at any time thereafter when any term of the health benefit plan is changed or any premium adjustment is made.

 

RETIREMENT AND INSURANCE - FAILED

Canadian Prescription Drug Importation Program Established HB 1404 (Leftwich) would have established the Canadian Prescription Drug Importation Program, pending federal approval and certification from the Secretary of the U.S. Department of Health and Human Services.  

Earned Paid Sick Time HB 898 (Guzman) would have required public and private employers with six or more employees to provide those employees with earned paid sick time. The measure would have provided for an employee to earn at least one hour of paid sick leave benefit for every 30 hours worked. HB 898 incorporated HB 418 (Cole) and HB 1684 (Sickles).

Family and Medical Leave Insurance Program; Funding by Employee and Employer Taxes HB 328 (Levine) would have entitled individuals to a family and medical leave insurance (FMLI) benefit payment for each month they are engaged in qualified caregiving, not to exceed 60 qualified caregiving days per year.

Health Benefit Plans; Coding for Adverse Childhood Experiences HB 1682 (Samirah) would have required any carrier that offers a health benefit plan that provides coverage for screening of covered persons for adverse childhood experiences that may impact a patient's physical or mental health or the provision of health care services to such patient to utilize a coding system that enrolls a code for such screening services.

Health Care Spending Study HJ 36 (Carter) would have directed the Joint Commission on Health Care to study health care spending in the Commonwealth.

Health Insurance; Amino Acid-Based Elemental Formula HB 612 (Plum) would have required health insurers, health care subscription plans, and health maintenance organizations whose policy, contract, or plan includes coverage for medicines to cover amino acid-based elemental formula for the treatment of specified diseases or disorders.

Health Insurance; Coverage for Case Management Services and Peer Support Services HB 1704 (Kory) would have required health insurance policies, subscription contracts, and health care plans to provide coverage for case management services that are prescribed by a licensed physician for a covered individual who has a primary diagnosis of a substance abuse disorder and peer support services for any covered person who has a primary diagnosis of a mental health disorder other than substance abuse disorder.

Health Insurance; Coverage for Diabetes HB 645 (Price) would have required health insurers, health care subscription plans, and health maintenance organizations to include coverage for insulin, certain equipment, certain supplies, regular foot care and eye care exams, and up to three in-person outpatient self-management training and education visits upon an individual's initial diagnosis of diabetes and up to two such visits upon a significant change in an individual's condition.

Health Insurance; Coverage for Infertility Treatments SB 1086 (Pillion) would have required health insurance policies, subscription contracts, and health care plans, including plans administered by the Department of Medical Assistance Services, to provide coverage for infertility treatment.

Health Insurance; Payment to SB 767 (Barker) would have provided that when a covered person receives covered emergency services from an out-of-network health care provider or receives out-of-network services at an in-network facility, the covered person is not required to pay the out-of-network provider any amount other than the applicable cost-sharing requirement.

Health Insurance Program for Local Government Employees; Entities Created or Owned by Local Governments HB 1113 (Hudson) would have added employees of locally owned public service corporations, local government associations, and entities created for the joint exercise of power by political subdivisions to the definition of "employees of local governments" for the purposes of the Commonwealth's health insurance program for local government employees.

Health Plans; Calculation of Enrollee's Contribution to Out-of-Pocket Maximum or Cost-Sharing Requirement; Rebates SB 424 (DeSteph) and SB 573 (Dunnavant) would have required any carrier issuing a health plan in the Commonwealth to count the amount of any rebates received or to be received by the carrier or its pharmacy benefits manager in connection with the dispensing or administration of a prescription drug when calculating the enrollee's overall contribution to any out-of-pocket maximum or any cost-sharing requirement under the carrier's health plan.

Human Resources Management, Department of; Health Insurance for Local School Board Employees HB 107 (Kilgore)  would have allowed local school boards to elect to have all of their employees and retirees, as well as the dependents of such employees and retirees, be eligible to participate in the state employee health insurance plan in lieu of the current state-administered local health insurance plan. Any participating local school board would have been responsible for whatever portion of the cost of such insurance is not paid by the employee, except any portion that the General Assembly elects to pay.

Options for Financing Universal Health HB 529 (Samirah) would have directed the Secretary of Health and Human Resources to enter into a contract with a qualified entity to study options for financing universal health care in the Commonwealth.

Overtime Compensation; Penalties HB 1535 (Samirah) would have required an employer to compensate its employees who are entitled to overtime compensation under the federal Fair Labor Standards Act at a rate not less than one and one-half times the employee's regular rate of pay for any hours worked in excess of 40 hours in any one workweek. The sanctions for an employer's failure to pay such overtime wages, including civil and criminal penalties, would have been the same as currently provided for failing to pay wages generally.

Paid Family and Medical Leave Program SB 770 (Boysko) would have required the Virginia Employment Commission to establish and administer a paid family and medical leave program with benefits beginning January 1, 2023.

Paid Maternity Leave Benefit Policy HB 693 (Simonds) would have required each school board to establish a paid maternity leave benefit policy to grant any mother who has been employed full-time by the school board for at least two years and who gave birth to or adopted a child 12 weeks of paid sick leave, in addition to any other sick leave to which such individual is otherwise entitled, to care for such child.

Price Transparency for Prescription Drugs for the Treatment of Diabetes; Civil Penalty HB 1405 (Leftwich) would have required a manufacturer of a prescription drug indicated for use in the treatment of diabetes to report certain information to the Commissioner of Health regarding the cost of such prescription drugs and to report additional information when the price of such a drug increases beyond the increase in the medical care component of the Consumer Price Index for the preceding year.

Universal Health Care in the Commonwealth; Report HJ 18 (Carter) would have directed the Joint Legislative Audit and Review Commission to study the cost of implementing universal health care in the Commonwealth.

Virginia Retirement System; Return to Employment by Certain SB 671 (Mason) would have provided that a political subdivision participating in the Virginia Retirement System may hire up to two retirees at a time to return to work in full-time positions. Such employees could have received their service retirement allowance during the subsequent period of employment provided that there was a bona fide break in service of one year between retirement and employment in the full-time position and that there was no prearrangement for reemployment.

Virginia Workers' Compensation Commission; Fee Schedules SB 227 (Spruill) would have required the Virginia Workers' Compensation Commission to review and adjust the Virginia fee schedules annually.

Workers' Compensation; Foreign Injuries HB 47 (Carter) would have provided that an injured employee is eligible for benefits under the Virginia Workers' Compensation Act when a compensable accident happens while the employee is employed outside Virginia if the employment contract was not expressly for services exclusively to be performed outside Virginia and either the employer's place of business is in Virginia or the employee regularly performs work on the employer's behalf in Virginia and resides in Virginia.

Workers' Compensation; Retaliatory Discharge of Employee HB 45 (Carter) would have prohibited an employer or other person from discharging an employee if the discharge is motivated to any extent by knowledge or belief that the employee has filed a claim or taken or intends to take certain other actions under the Virginia Workers' Compensation Act.