Virginia HB 1323: Pharmacists; initiation of treatment with and dispensing and administration of vaccines.

Bill Text

VIRGINIAACTSOFASSEMBLY--2022RECONVENEDSESSION
CHAPTER791
An Act to amend and reenact §§ 32.1-325, 54.1-3303.1, and 54.1-3321 of the Code of Virginia, relating
to pharmacists; initiation of treatment with and dispensing and administration of vaccines.
[H1323]
ApprovedMay27,2022
Be it enacted by the General Assembly of Virginia:
1. That §§ 32.1-325, 54.1-3303.1, and 54.1-3321 of the Code of Virginia are amended and reenacted
as follows:
§ 32.1-325. Board to submit plan for medical assistance services to U.S. Secretary of Health and
Human Services pursuant to federal law; administration of plan; contracts with health care
providers.
A. The Board, subject to the approval of the Governor, is authorized to prepare, amend from time to
time, and submit to the U.S. Secretary of Health and Human Services a state plan for medical assistance
services pursuant to Title XIX of the United States Social Security Act and any amendments thereto.
The Board shall include in such plan:
1. A provision for payment of medical assistance on behalf of individuals, up to the age of 21,
placed in foster homes or private institutions by private, nonprofit agencies licensed as child-placing
agencies by the Department of Social Services or placed through state and local subsidized adoptions to
the extent permitted under federal statute;
2. A provision for determining eligibility for benefits for medically needy individuals which
disregards from countable resources an amount not in excess of $3,500 for the individual and an amount
not in excess of $3,500 for his spouse when such resources have been set aside to meet the burial
expenses of the individual or his spouse. The amount disregarded shall be reduced by (i) the face value
of life insurance on the life of an individual owned by the individual or his spouse if the cash surrender
value of such policies has been excluded from countable resources and (ii) the amount of any other
revocable or irrevocable trust, contract, or other arrangement specifically designated for the purpose of
meeting the individual's or his spouse's burial expenses;
3. A requirement that, in determining eligibility, a home shall be disregarded. For those medically
needy persons whose eligibility for medical assistance is required by federal law to be dependent on the
budget methodology for Aid to Families with Dependent Children, a home means the house and lot used
as the principal residence and all contiguous property. For all other persons, a home shall mean the
house and lot used as the principal residence, as well as all contiguous property, as long as the value of
the land, exclusive of the lot occupied by the house, does not exceed $5,000. In any case in which the
definition of home as provided here is more restrictive than that provided in the state plan for medical
assistance services in Virginia as it was in effect on January 1, 1972, then a home means the house and
lot used as the principal residence and all contiguous property essential to the operation of the home
regardless of value;
4. A provision for payment of medical assistance on behalf of individuals up to the age of 21, who
are Medicaid eligible, for medically necessary stays in acute care facilities in excess of 21 days per
admission;
5. A provision for deducting from an institutionalized recipient's income an amount for the
maintenance of the individual's spouse at home;
6. A provision for payment of medical assistance on behalf of pregnant women which provides for
payment for inpatient postpartum treatment in accordance with the medical criteria outlined in the most
current version of or an official update to the "Guidelines for Perinatal Care" prepared by the American
Academy of Pediatrics and the American College of Obstetricians and Gynecologists or the "Standards
for Obstetric-Gynecologic Services" prepared by the American College of Obstetricians and
Gynecologists. Payment shall be made for any postpartum home visit or visits for the mothers and the
children which are within the time periods recommended by the attending physicians in accordance with
and as indicated by such Guidelines or Standards. For the purposes of this subdivision, such Guidelines
or Standards shall include any changes thereto within six months of the publication of such Guidelines
or Standards or any official amendment thereto;
7. A provision for the payment for family planning services on behalf of women who were
Medicaid-eligible for prenatal care and delivery as provided in this section at the time of delivery. Such
family planning services shall begin with delivery and continue for a period of 24 months, if the woman
continues to meet the financial eligibility requirements for a pregnant woman under Medicaid. For the
purposes of this section, family planning services shall not cover payment for abortion services and no
funds shall be used to perform, assist, encourage or make direct referrals for abortions;

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8. A provision for payment of medical assistanc