Virginia 2019 Regular Session Status: In Committee

SB 1763 — Health insurance; payment to out-of-network providers.

Last action — Referred to Committee on Appropriations

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Directs health carriers that provide individual or group health insurance that provide any benefits with respect to services rendered in an emergency department of a hospital to pay directly to an out-of-network health care provider an amount, less applicable cost-sharing requirements, that is equal to the greatest of (i) the amount negotiated with in-network providers for the emergency service or, if more than one amount is negotiated, the median of these amounts; (ii) the regional average for commercial payments for emergency services as of the date of treatment; (iii) the amount that would be paid under Medicare for an emergency service; and (iv) if out-of-network services are provided (a) by a health care professional, the regional average for commercial payments for such service, or (b) by a facility, the fair market value for such services. The bill removes from the determination of whether a medical condition is an emergency medical condition the final diagnosis rendered to the covered person. The bill requires a facility where a covered person receives scheduled elective services to post the required notice or inform the covered person of the required notice at the time of pre-admission or pre-registration. The bill also requires such a facility to inform the covered person or his legal representative of the names of all provider groups providing health care services at the facility, that consultation with the covered person's managed care plan is recommended to determine if the provider groups providing health care services at the facility are in-network providers, and that the covered person may be financially responsible for health care services performed by a provider that is not an in-network provider, in addition to any cost-sharing requirements. The measure includes an enactment providing that it shall not become effective unless an appropriation that addresses the anticipated effects of this act on the general fund is included in a general appropriation act passed in 2019 by the General Assembly that becomes law.

Bill Text

Action History

  1. Referred to Committee on Appropriations

  2. Read first time

  3. Placed on Calendar

  4. Printed as engrossed 19106123D-ES1

  5. Engrossed by Senate - committee substitute with amendment SB1763ES1

  6. Committee amendment agreed to

  7. Reading of amendment waived

  8. Committee substitute agreed to 19106123D-S1

  9. Reading of substitute waived

  10. Read second time

  11. Rereferred to Finance

  12. Incorporates SB1360 (Wagner)

  13. Incorporates SB1354 (McDougle)

  14. Incorporates SB1228 (Chase)

  15. Referred to Committee on Commerce and Labor

  16. Presented and ordered printed 19104632D

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 142 not signed on

Sponsors (1)

Co-sponsors (5)

Not signed on (142)

142 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed Senate

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Barker — Yea
Chafin — Yea
Dance — Yea
Hanger — Yea
Newman — Yea
Petersen — Yea
Howell — Yea
Mason — Yea
McClellan — Yea
Black — Yea
Carrico — Yea
Chase — Yea
Cosgrove — Yea
Dunnavant — Yea
Edwards — Yea
Lewis — Yea
Norment — Yea
Spruill — Yea
Ruff — Yea
Saslaw — Yea
Vogel — Yea
Wagner — Yea
Adam P. Ebbin — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Glen H. Sturtevant, Jr. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed

Passed 39 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 39000
Total 39000
% of votes cast 100%0%0%0%
How each member voted (39)
Member Party Vote
Barker — Yea
Carrico — Yea
Cosgrove — Yea
Dance — Yea
Norment — Yea
Saslaw — Yea
Howell — Yea
Mason — Yea
McClellan — Yea
Spruill — Yea
Black — Yea
Chafin — Yea
Chase — Yea
Dunnavant — Yea
Edwards — Yea
Hanger — Yea
Lewis — Yea
Newman — Yea
Petersen — Yea
Ruff — Yea
Vogel — Yea
Wagner — Yea
Adam P. Ebbin — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Glen H. Sturtevant, Jr. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Barker — Yea
Chase — Yea
Cosgrove — Yea
Dance — Yea
Lewis — Yea
Norment — Yea
Petersen — Yea
Ruff — Yea
Howell — Yea
Black — Yea
Carrico — Yea
Chafin — Yea
Dunnavant — Yea
Edwards — Yea
Hanger — Yea
Mason — Yea
McClellan — Yea
Spruill — Yea
Newman — Yea
Saslaw — Yea
Vogel — Yea
Wagner — Yea
Adam P. Ebbin — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Glen H. Sturtevant, Jr. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance with amendment

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
Barker — Yea
Dance — Yea
Norment — Yea
Wagner — Yea
Howell — Yea
Carrico — Yea
Dunnavant — Yea
Hanger — Yea
Newman — Yea
Ruff — Yea
Saslaw — Yea
Vogel — Yea
L. Louise Lucas — Yea
Mark D. Obenshain — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea

Official roll call →

Reported from Commerce and Labor with substitute

Passed 13 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13200
Total 13200
% of votes cast 87%13%0%0%
How each member voted (15)
Member Party Vote
Cosgrove — Nay
Dance — Yea
Norment — Yea
Saslaw — Yea
Spruill — Nay
Black — Yea
Chafin — Yea
Newman — Yea
Wagner — Yea
Glen H. Sturtevant, Jr. — Yea
L. Louise Lucas — Yea
Mark D. Obenshain — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Subjects

healthcare health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1763 do?
Directs health carriers that provide individual or group health insurance that provide any benefits with respect to services rendered in an emergency department of a hospital to pay directly to an out-of-network health care provider an amount, less applicable cost-sharing requirements, that is equal to the greatest of (i) the amount negotiated with in-network providers for the emergency service or, if more than one amount is negotiated, the median of these amounts; (ii) the regional average for commercial payments for emergency services as of the date of treatment; (iii) the amount that would be paid under Medicare for an emergency service; and (iv) if out-of-network services are provided (a) by a health care professional, the regional average for commercial payments for such service, or (b) by a facility, the fair market value for such services. The bill removes from the determination of whether a medical condition is an emergency medical condition the final diagnosis rendered to the covered person. The bill requires a facility where a covered person receives scheduled elective services to post the required notice or inform the covered person of the required notice at the time of pre-admission or pre-registration. The bill also requires such a facility to inform the covered person or his legal representative of the names of all provider groups providing health care services at the facility, that consultation with the covered person's managed care plan is recommended to determine if the provider groups providing health care services at the facility are in-network providers, and that the covered person may be financially responsible for health care services performed by a provider that is not an in-network provider, in addition to any cost-sharing requirements. The measure includes an enactment providing that it shall not become effective unless an appropriation that addresses the anticipated effects of this act on the general fund is included in a general appropriation act passed in 2019 by the General Assembly that becomes law.
Who sponsors SB 1763?
SB 1763 is sponsored by Chase, Amanda F., Bill DeSteph, Frank W. Wagner (incorporated chief co-patron), Rosalyn R. Dance, Ryan T. McDougle, and Glen H. Sturtevant, Jr..
What is the current status of SB 1763?
This bill died with 2019 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1763?
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