Current Bills

 

DD Medicaid Waiver System:

 

• Support HB1963 & SB945 – Combine spending caps for Assistive Technology (AT) and Electronic Home-Based Services (EHBS); Directs the Department of Medical Assistance Services to take steps to amend the Family and Individual Supports, Community Living, and Building Independence waivers to provide greater financial flexibility to individuals with developmental disabilities who are receiving waiver services. (Delegate Runion and Senator Suetterlein)

   

• SUPPORT HB2315 – Directs DMAS & DBHDS to convene a work group to study methods for and develop recommendations for disseminating information about I/DD services. (Delegate Kory)

• Support HB1602 – Allows out of state Medicaid providers to continue to treat in Virginia without a physical presence. (Delegate Robinson)

   

• Support SB831 & HB1599 – Implement a medically needy spend down provision that allows otherwise eligible individuals to spend income in excess of the income limit for waiver services on medical expenses in order to meet the waiver income limit (Senator Favola, Delegate Wachsmann)

   

• MONITOR HB1452  – Appointment of sworn unit investigators to the Medicaid Fraud Control Unit. (Delegate Orrock)

  Several additional items are below as budget amendments.

 

Protect Virginians with DD in the Justice System:
 

People with disabilities are increasingly coming in contact with the judicial system either as defendants or as victims, and sometimes as witnesses.  The criminal justice system is ill prepared for the influx of defendants, and the social service system is not equipped to ensure their due process rights are protected. 

 

VAAA recognizes that advocates must step into the gap and bring autistic voices to the legislature, where these policies are made.  To this end, we are opposing bills that seek to roll back rules in the courtroom that currently protect people with disabilities from unjust outcomes.  We are also working against bills that seek to return to the policy of severe criminalization of behavior.  At the same time, we are advocating for bills that recognize that defendants with developmental disabilities are not always able to control their responses in crisis when encountering law enforcement.

 

 

• SUPPORT SB1272 & HB2074 – Provides that a person charged with an offense who has been diagnosed with ASD, ID, or DD shall not be subject to a mandatory minimum punishment if the court finds that the violation was caused by or had a direct and substantial relationship to the person’s disorder or disability. (Senator Boysoko; Delegate Murphy)

   

• SUPPORT SB1303 – Provides that a defendant with a disorder or disability may file a petition that requests the sealing of the criminal history record information and court records of a Class 4 felony conviction or deferred and dismissed disposition. (Senator Boysko)

   

• SUPPORT SB1174 – Expedited diversion to court-ordered treatment in lieu of criminal adjudication – Establishes a process where a defendant who is charged with certain misdemeanor violations and appears to have a mental illness may be considered for transfer from criminal court to civil process for court-ordered mental health treatment without any adjudication on such misdemeanor charges. (Senator Mason)

   

• OPPOSE SB858 – Eliminates “mental illness” from the list of mental conditions for which a defendant may offer evidence to show mental condition at the time of an alleged offense. This bill removes the ability to explain offense by introducing evidence of mental illness, further criminalizing behavior. (Senator Cosgrove)

   

• SUPPORT SB2106 – Provides that no one shall be subject to arrest for assault against a law-enforcement officer if experiencing a mental health emergency or the officer was called to help in a crisis.  (Delegate Bourne)

   

• OPPOSE HB2241 – Makes it a misdemeanor with mandatory jail time for assault of social service worker. (Delegate Willett)

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