Blog – Page 75

Senate Passes Medical Monitoring Bill

Senate Floor Session

Christopher Marshall

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February 7, 2022

A bill to change the way damages are awarded in medical monitoring cases passed the Senate during Monday’s floor session.

Senate Bill 7 would require plaintiffs to prove their injury was caused by the defendant’s actions in medical monitoring cases and would only award damages after physical injury or disease is present.

Under current law, West Virginia is an outlier in allowing plaintiffs who believe they were exposed to a hazardous substance to collect cash awards for medical monitoring without a present physical injury. Other states that allow plaintiffs to collect damages for medical monitoring have tight restrictions on how the funds can be used. Currently, plaintiffs in West Virginia can collect cash without such restrictions.

This bill now heads to the House of Delegates for consideration. A similar bill passed the Senate last year but failed in the House.

The Senate is adjourned until tomorrow, Feb. 8, at 11 a.m.

Banking and Insurance will meet at 2 p.m. in 451M.

Judiciary will meet at 3 p.m. in 208W.

Finance will meet at 3 p.m. in 451M

Transportation and Infrastructure will meet tomorrow at 10 a.m. in 451M

House Completes Action on Three Bills

House Floor Session

Cheyenne DeBolt

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February 7, 2022

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The House convened this morning passing several bills, completing three.

Senate Bill 435 awards services weapon to a retiree from the Division of Protective Services provided the member retires honorably with at least 10 years of service or less than 10 years but is totally disabled as a result of service with the Division of Protective Services. The bill completed legislative action and heads to the Governor.

Senate Bill 437 authorizes the Commissioner of the Division of Corrections and Rehabilitation or his or her designee to request early discharge of a parolee. The bill completed legislative action and heads to the Governor.

House Bill 4003 establishes a clear legal right of the title of chemical compounds, elements, and substances derived from the treatment of acid mine drainage. The bill states mine drainage water treatment is necessary to reduce environmental harm. The bill clarifies that the entity treating the drainage has rights to the material. The bill advances to the Senate

House Bill 4111 reorganizes the statute by removing advanced practice registered nurses from the physician assistants practice act and moves them to the section of code relating to registered professional nurses. The bill states an advanced practice registered nurse may prescribe no more than a 3-day supply of a schedule II drug. The committee amends the bill so that both a PA and an APRN cannot prescribe Schedule I drug and may prescribe a 3-day supply of a schedule II drug. No other limitation may be placed on a PA’s or APRN’s prescribing abilities under this bill. The bill advances to the Senate.

The House is adjourned until 11 a.m. on Tuesday, February 7, 2022.

Committees – Today

The Committee on Veterans Affairs and Homeland Security will meet at 1 p.m. in Room 410.

The Committee on Pensions and Retirement at 1 p.m. in Room 460.

The Committee on Technology and Infrastructure will meet at 1 p.m. in Room 215E.

The Committee on Coalfield Communities will meet at 2 p.m. in Room 434.

The Judiciary Committee will meet at 3 p.m. in Room 410.

The Finance Committee will meet at 3 p.m. in Room 460.

The Education Committee will meet at 3 p.m. in Room 434.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

Committees – Tuesday, February 8, 2022

The Sub-Committee on HB 4006 will meet at 9 a.m. in Room 410.

The Rules Committee will meet at 10:45 a.m.

The Committee on Energy and Manufacturing will meet at 2 p.m. in Room 410.

Public Hearing on HB 4011– Establishing the Anti-Stereotyping Act– The Education Committee will hold a Public Hearing on Wednesday, February 9, 2022, at 9 am in the House Chamber

Health Committee Advances Three Bills in Afternoon Meeting

House Committee

Cheyenne DeBolt

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February 3, 2022

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Health Committee Advances Three Bills in Afternoon Meeting

The Health and Human Resources Committee met this afternoon.

House Bill 4012 prohibits an entity from requiring the showing a COVID-19 vaccination card to enter hospital, state institution of higher education or a state or local government office, entity, department, or agency. The bill advances to Judiciary.

House Bill 4089 requires the coverage and reimbursement of blood pressure devices for people diagnosed with hypertension.

House Bill 4373 excludes fentanyl test strips from the definition of drug paraphernalia.

House Bill 2186 and House Bill 2083 have been removed from the agenda.

Senate Finance Advances Bill to Eliminate Soda Tax

Senate Committee

Christopher Marshall

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February 3, 2022

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Senate Finance Advances Bill to Eliminate Soda Tax

The Senate Finance Committee advanced legislation Thursday morning that would eliminate the state’s soda tax on July 1, 2024, while creating a new funding source for the state’s three medical schools.

Senate Bill 533 removes the one cent tax that has funded the WVU School of Medicine since the tax’s inception in 1951. In place of the tax, the legislation creates a funding stream for WVU, the Marshall School of Medicine and the West Virginia Osteopathic School of Medicine from the existing state Insurance Premium Tax.

As written in the legislation, under the new plan, WVU would receive $14 million, Marshall $5.5 million, and the Osteopathic School would receive $3.9 million.

The bill now heads to the Senate floor for consideration.

Senate Passes Bill to Modernize Agency Reports

Senate Floor Session

Christopher Marshall

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February 3, 2022

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Senate Passes Bill to Modernize Agency Reports

The Senate passed legislation to modernize committee reports during a brief floor session on Thursday.

House Bill 4067 would allow certain state agency reports to be submitted electronically rather than in hard copy form and would eliminate some reports altogether. The Senate made technical changes to the bill, so it will need to go back to the House of Delegates for final approval.

Due to an approaching winter storm, the Senate will not meet tomorrow.

The Senate is adjourned until Monday, Feb. 7, at 11 a.m.

Health and Human Resources will meet at 1 p.m. in 451M.

Energy, Industry and Mining will meet at 1 p.m. in 208W.

Government Organization will meet at 2 p.m. in 208W.

Education will meet at 2 p.m. in 451M.

Judiciary will meet at 3 p.m. in 208W.

Finance will meet at 3 p.m. in 451M.

Illegal Voting Penalty Increased to Felony

House Floor Session

Cheyenne DeBolt

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February 3, 2022

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Illegal Voting Penalty Increased to Felony

Today, the House passed House Bill 4311, which sets felony penalties for voting more than once in an election, voting when knowingly not legal to do so, and rejecting votes or knowingly/willing accepting illegal votes.

Six bills are up for passage on Monday.

The following bills were passed out of committees:

House Bill 4380 increases the number of ten-passenger vehicles that may be used for any school-sponsored activity and clarifies that buses shall be used to transport eighteen or more passengers.

House Bill 2083 mandates that mail carriers check photo identification when delivering tobacco, tobacco-related products, alternative nicotine products, and vapor products.

House Bill 4366 allows employers to pay wages to employees by either direct deposit or payroll card.

Due to inclement weather, the House is adjourned until 11 a.m. on Monday, February 7, 2022.

Committees – Today

The Committee on Health and Human Resources will meet at 1 p.m. in Room 215E.

The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 410.

The Judiciary Committee will meet immediately after Energy in Room 410.

The Education Committee will meet at 3 p.m. in Room 434.

Committees – Monday, February 7, 2022

The Committee on Veterans Affairs and Homeland Security will meet at 1 p.m. in Room 410.

The Committee on Pensions and Retirement at 1 p.m. in Room 460.

The Education Committee will meet at 3 p.m. in Room 434.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

Senate Passes Two Bills During Wednesday Floor Session.

Senate Floor Session

Christopher Marshall

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February 2, 2022

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Senate Passes Two Bills During Wednesday Floor Session.

The Senate passed two bills during a brief Wednesday morning floor session.

Senate Bill 138 would reduce the West Virginia Board of Medicine by one member. In order to conform with proportionality principles of the board, one podriatic physician member would be eliminated.

Senate Bill 492 relates to electronic collection of tolls.

These bills now head to the House of Delegates for consideration.

The Senate is adjourned until tomorrow at 11 a.m.

Pensions will meet at 2 p.m. in 451M.

Agriculture will meet at 2 p.m. in 208W.

Finance will meet at 3 p.m. in 451M.

Judiciary will meet at 3 p.m. in 208W.

Remarks Returns to House Today

House Floor Session

Cheyenne DeBolt

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February 2, 2022

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It was a brief session today in the House with no bills on third reading. Up for passage tomorrow is House Bill 4311.

House Bill 4311 makes it a felony offense for a person to knowingly vote (or attempt to vote) when not legally entitled to do so. The bill prohibits voting (or attempting to vote) more than once in any election, whether in West Virginia or between WV and another state. The felony conviction of carries a fine of not more than $10,000 and/or imprisonment for one to ten years. The bill advances to the floor.

Action was postponed on House Bill 4111.

House Bill 4111 reorganizes the statute by removing advanced practice registered nurses from the physician assistants practice act and moves them to the section of code relating to registered professional nurses. The bill states an advanced practice registered nurse may prescribe no more than a 3-day supply of a schedule II drug. The bill was amended in committee so that both a PA and an APRN cannot prescribe Schedule I drug and may prescribe a 3-day supply of a schedule II drug. No other limitation may be placed on a PA’s or APRN’s prescribing abilities under this bill.

Remarks by Members returned to the House today. Every Wednesday at the end of business, delegates will be able to discuss topics important to them, their district, and the state. Today’s topics included Black History Month, great Black West Virginians, the Constitution, House Bill 4365, concerns of district, and the budget surplus.

The House is adjourned until 11 a.m. on tomorrow, February 3, 2022.

Committees – Today

The Workforce Committee will meet at 1 p.m. in Room 215E.

The Committee on Fire Departments and EMS will meet at 1 p.m. in Room 434.

The Committee on Small Business, Entrepreneurship, and Economic Development will meet at 1:30 p.m. in Room 410.

The Committee on Coalfield Communities will meet at 2 p.m. in Room 460.

The Judiciary Committee will meet at 3 p.m. in Room 410.

The Education Committee will meet at 3 p.m. in Room 434.

The Committee on Government Organization will meet at 3 p.m. in Room 215E.

The Finance Committee will meet at 3 p.m. in Room 460.

Committees – Tomorrow, February 2, 2022

The Committee on Political Subdivision will meet at 8:30 a.m. in Room 410.

The Finance Committee will meet at 9:30 a.m. in Room 460.

The Judiciary Committee will meet at 9:30 a.m. in Room 410.

The Committee on Energy and Manufacturing will meet at 1 p.m. in Room 410.

The Education Committee will meet at 3 p.m. in Room 434.

House Health Rejects Bill Eliminating CON in Health Care

House Committee

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February 1, 2022

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House Health Rejects Bill Eliminating CON in Health Care

The House Health and Human Resources Committee met this afternoon at 2:30 p.m. The Committee passed several legislative rules.

The Committee began a long discussion on House Bill 4013, which eliminates the certificate of need (CON) program for health services.

Dr. Patch Adams spoke with the committee stating that the certificate of need is more of a business document. He stated that health care shouldn’t be focused on money and business; its focus should be on care and giving people the best care possible. He said as a doctor “to care for another human being is to be rich, in the true sense of the word.”

Another speaker stated that the state would have more birthing centers if the CON was repealed. She spoke of several instances where individuals wanted to open birthing centers but couldn’t because of the CON requirements. These individuals either opened their business in another state or went a different direction.

One presenter stated that West Virginia could have 20 to 25 new hospitals if CON was repealed.

Proponents stated that CON is ineffective at regulating costs, limits access to care, and stands as a barrier to health care entry. Currently, Urgent Cares require a CON, which makes it difficult to get 24-hour walk-in care facilities in West Virginia. The presenter spoke of how he was denied opening a walk-in facility because it didn’t meet the requirements of CON. He appealed it and ended up dropping the case. He also attempted to open an imaging center and it was also denied. He has appealed it and the case is still in court.

Opponents argued that the competition puts patients at risk of lower quality of health care and drive large hospitals out of business.

A fiscal note has been requested but has not been received yet.

House Bill 4013 was amended. However, the bill was rejected in committee (10-12).

Bill Strengthening Penalties for Unauthorized Posting of Intimate Photos Passes Senate

Senate Floor Session

Christopher Marshall

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February 1, 2022

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Bill Strengthening Penalties for Unauthorized Posting of Intimate Photos Passes Senate

The Senate passed SB452 on Tuesday, a bill that would permit civil remedies for unauthorized disclosure of intimate images or video showing sexual organs or a person engaging in sexual contact when the image was created or obtained when the subject had a reasonable expectation of privacy.

A person whose private images have been shared, and who suffers harm from the action of the images’ disclosure without their consent could sue for the greater value of economic and non-economic damages or statutory damages up to $10,000. They could also receive an amount equal to any monetary gain made by the defendant from the disclosure of the image or video, as well as punitive damages.

The law creates exceptions for when the image or video is shared for law enforcement or legal purposes, for medical treatment or education, and if someone had good faith in reporting or investigating the matter.

Under the bill, lawsuits must be filed within four years of the incident and the victim’s identity can be sealed from the public record with a court order.

The legislation now heads to the House of Delegates for consideration.

The Senate is adjourned until tomorrow at 11 a.m.

Education will meet at 2 p.m. in 451M.

Government Organization will meet at 2 p.m. in 208W.

Finance will meet at 3 p.m. in 451M.

Judiciary will meet at 3 p.m. in 208W.

Workforce will meet tomorrow at 10 a.m. in 208W.