Assisted living facilities; no facility shall be required to provide or allow hospice care. (SB732)

Introduced By

Sen. Emmett Hanger (R-Mount Solon)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Assisted living facilities; hospice care. Provides that, to the extent allowed by federal law, no assisted living facility shall be required to provide or allow hospice care if such hospice care violates the assisted living facility's written religious or moral convictions or policies and such convictions or policies are included in a disclosure statement that is signed by the resident prior to admission. Amends § 63.2-1806, of the Code of Virginia. Read the Bill »

Status

03/07/2016: Passed the General Assembly

History

DateAction
01/22/2016Presented and ordered printed 16104350D
01/22/2016Referred to Committee on Rehabilitation and Social Services
01/28/2016Impact statement from DPB (SB732)
01/29/2016Reported from Rehabilitation and Social Services with amendment (13-Y 0-N 2-A) (see vote tally)
02/01/2016Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/02/2016Read second time
02/02/2016Reading of amendment waived
02/02/2016Committee amendment agreed to
02/02/2016Engrossed by Senate as amended SB732E
02/02/2016Printed as engrossed 16104350D-E
02/03/2016Read third time and passed Senate (36-Y 3-N) (see vote tally)
02/03/2016Reconsideration of passage agreed to by Senate (40-Y 0-N) (see vote tally)
02/03/2016Passed Senate (37-Y 3-N) (see vote tally)
02/03/2016Impact statement from DPB (SB732E)
02/05/2016Placed on Calendar
02/05/2016Read first time
02/05/2016Referred to Committee on Health, Welfare and Institutions
02/16/2016Assigned HWI sub: Subcommittee #3
02/25/2016Subcommittee recommends reporting with amendment(s) (4-Y 0-N)
02/25/2016Reported from Health, Welfare and Institutions with amendments (21-Y 1-N) (see vote tally)
02/26/2016Read second time
02/29/2016Read third time
02/29/2016Committee amendments agreed to
02/29/2016Amendment by Delegate Levine rejected
02/29/2016Passed House with amendments (74-Y 25-N)
02/29/2016VOTE: PASSAGE (74-Y 25-N) (see vote tally)
03/02/2016House amendments agreed to by Senate (37-Y 2-N) (see vote tally)
03/04/2016Enrolled
03/04/2016Bill text as passed Senate and House (SB732ER)
03/04/2016Signed by Speaker
03/07/2016Signed by President
03/08/2016G Governor's Action Deadline Midnight, Monday, April 11, 2016
03/08/2016Enrolled Bill Communicated to Governor on 3/8/2016
03/08/2016G Governor's Action Deadline Midnight, Sunday, April 10, 2016
03/08/2016Impact statement from DPB (SB732ER)

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 9 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

DYING AND CRYING OUT FOR RELIEF AND THEIR FAMILY WANTS IT AND DOCTOR WANTS IT, I CANNOT SEE A FACILITY SAYING WE CANNOT PROVIDE IT AND YOU HAVE TO LEAVE NOW. I HAVE NO PROBLEM WITH THE PART OF THE BILL THAT SAYS THEY'RE NOT REQUIRED TO PROVIDE HOSPICE CARE. I ASK TO STRIKE OR ALLOW. BECAUSE I THINK ALLOWING PATIENT RELIEF IS A HUMAN RIGHT AND SHOULD BE ALLOWED. THANK YOU, MR. SPEAKER. MR. SPEAKER? SPEAKING TO THE FLOOR AMENDMENT.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR.

[Unknown]: LET'S BE CLEAR, RIGHT NOW A NURSING FACILITY IS NOT REQUIRED TO PROVIDE THE HOSPICE CARE. THE AFFECT OF THIS FLOOR AMENDMENT NEGATES THE BILL AND PUTS MORE WORDS IN THE CODE TO SAY WHAT THEY SAY. IF YOU DON'T LIKE THE BILL, I SUGGEST YOU NEED TO DE-PETE THE FLOOR AMENDMENT AND VOTE AGAINST THE BILL. BUT IF YOU BELIEVE, AS IF YOU SEE IN THE COMMITTEE MEMBERS FELT IT IS A SITUATION WHEREBY INDIVIDUALS OF RELIGIOUS BELIEFS THAT STISH FACILITIES FOR A SIMILAR BELIEVER BUT THAT ARE OPEN TO OTHERS IN THE PUBLIC, PROVIDING THAT SERVICE DO NOT HAVE TO ENDOSE IN POSITION I HOPE THE BODY WILL REJECT THE FLOOR AMENDMENT AND PASS THE BILL.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM ROANOKE CITY, MR. RASOUL.

Del. Sam Rasoul (D-Roanoke): MR. SPEAKER, SPEAKING TO THE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR.

Del. Sam Rasoul (D-Roanoke): MR. SPEAKER, LADIES AND GENTLEMEN OF THE HOUSE MY BACKGROUND IS IN GERIATRIC HEALTH CARE. AND I WILL TELL YOU, THERE IS A THICK STACK OF DOCUMENTS. WE'RE NOT TALKING ABOUT WHAT THE FACILITY HAS, WE'RE TALKING ABOUT THE PATIENT, THERE IS NOTHING WORSE THAN IMAGINING YOUR LOVED ONE IN THE WANING HOURS OF THEIR LIFE, COMING TO THE CONCLUSION YOU NEED HOSPICE CARE BUT ONLY TO BE TOLD YOU CANNOT HAVE HOSPICE CARE IN THAT FACILITY, AND IN THE WANING HOURS OF THEIR LIFE YOU HAVE TO MOVE THAT LOVED ONE IN ORDER HOSPICE CARE. I UNDERSTAND THE SPIRIT OF WHAT IS TRYING TO BE ACCOMPLISHED BUT I URGE YOU TO ACCEPT THIS AMENDMENT BECAUSE THIS AMENDMENT ALL IT DOES IS PREVENT THE FACILITY FROM STOPPING HOSPICE CARE FROM COMING IN. THEY DO NOT HAVE TO ALLOW THE HOSPICE CARE.

[Unknown]: THE QUESTIONS ON ADOPTION OF -- SORRY. MR. HEAD. MR. SPEAKER, SPEAKING TO THE AMENDMENT.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR.

[Unknown]: MR. SPEAKER, LADIES AND GENTLEMEN OF THE HOUSE I ALSO WORK IN ELDER CARE. THERE IS CONFUSION ABOUT WHAT CAN AND CANNOT GO ON. ONE OF THE THINGS THE AMENDMENT DOES NOT DO IS ADDRESS THE ISSUE OF PALLIATIVE CARE. THERE ARE A LOT OF WAYS TO GET RELIEF THAT DO NOT REQUIRE HOSPICE. HOSPICE IS DESCRIBED AS A SIX-MONTH PROGNOSIS. IT'S NOT JUST PALLIATIVE CARE, IT'S A LOT OF THE PREPARATION. THERE ARE CERTAINLY CERTAIN FACILITIES THAT DON'T WANT THEIR RELIGIOUS BELIEFS INFRINGED. THE PATIENT CONTINUE TO HAVE CHOICE, BUT TO SAY YOU'RE DENYING THEM OF THAT IS SIMPLY TO BE MISINFORMED. I URGE YOU TO DEFEAT THE FLOOR AMENDMENT AND PASS THE BILL.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM ARLINGTON, MR. HOPE.

Del. Patrick Hope (D-Arlington): WILL DELEGATE ORROCK YIELD FOR A QUESTION.

[Unknown]: HE YIELDS.

Del. Patrick Hope (D-Arlington): CAN I ASK WHAT PARTICULAR RELIGIOUS BELIEFS THAT ARE INFRINGED?

[Unknown]: THERE ARE COMMUNITIES THAT DON'T BELIEVE CERTAIN PAIN REDUCING DRUGS SHOULD BE CONTINUED. A NUMBER OF THOSE FACILITIES ARE SET UP TO SERVE PATIENTS OF SIMILAR BELIEF STRUCTURES AND PROVIDE EXCELLENT CARE. MR. SPEAKER, AND LADIES AND GENTLEMEN OF THE HOUSE, IF I MAY, MY FAMILY HAS BENEFITED FROM THE SERVICES OF HOSPICE CARE. AND IF YOU HAVE EVER BEEN IN THAT CIRCUMSTANCE, YOU KNOW HOW HELPFUL THOSE SERVICES CAN BE. THAT BEING SAID, I BELIEVE THAT A FACILITY THAT TELLS PATIENTS WHEN THEY'RE ADMITTED THAT WE'RE A RELIGIOUS ORRING NIEDZED FACILITY THAT DO NOT ALLOW INDIVIDUALS TO PRACTICE CERTAIN TYPES OF CARE IN OUR FACILITY, THAT THEY HAVE THAT RIGHT UPON DISCLOSURE AT THE TIME OF ADMISSION SO THEY'RE NOT PUT IN A POSTURE OF HAVING TO DENY PATIENTS ON THE FRONT END.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR.

[Unknown]: I WOULD LIKE TO REMIND THE BODY OF A COUPLE THINGS. THIS AMENDMENT WAS DISCUSSED IN THE COMMITTEE AND PATIENT AUTONOMY IS NOT PROTOCOL. THERE ARE SOME FOLKS WHO DON'T FAVOR THAT APPROACH. I THINK THIS IS A BILL AS PRESENTED WITHOUT THE FLOOR AMENDMENT IS A REASONABLE COMPROMISE. I JUST HOPE YOU'LL REJECT THE FLOOR AMENDMENT AND PASS THE BILL. THOSE IN FAVOR SAY AYE. THANK YOU. THOSE OPPOSED, NO. SHALL THE BILL PASS?


Del. Bill Howell (R-Fredericksburg): THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 40, NOS 0. AYES 40, NOS 0. THE SENATE CONCURS WITH THE HOUSE AMENDMENTS. SENATE BILL 732 HAS PASSED THE HOUSE WITH AMENDMENTS. THE SENATOR FROM AUGUSTA, SENATOR HANGER.

Sen. Emmett Hanger (R-Mount Solon): THANK YOU, MR. PRESIDENT. SENATE BILL 73 PROVIDES THAT AN ASIFTED LIVING FACILITY CANNOT BE REQUIRED TO PROVIDE HOSPICE CARE IF THEY PROVIDE APPROPRIATE NOTICES TO THEIR RESIDENTS. I MO BE THAT WE CONCUR WITH THE HOUSE AMENDMENTS WHICH ARE TECHNICAL.

[Unknown]: THANK YOU, SENATOR.

Sen. Emmett Hanger (R-Mount Solon): THE QUESTION IS SHALL THE SENATE CONCUR WITH THE HOUSE AMENDMENT. ALL IN FAVOR OF THE MOTION WILL. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 37, NOS 2.