Del. Dan Helmer

Health insurance; coverage for contraceptive drugs and devices. Requires health insurance carriers to provide coverage, under any health insurance contract, policy, or plan that includes coverage for prescription drugs on an outpatient basis, for contraceptive drugs and contraceptive devices approved by the U.S. Food and Drug Administration, including those available over-the-counter. The bill prohibits a health insurance carrier from imposing upon any person receiving prescription contraceptive benefits pursuant to the provisions of the bill any copayment, coinsurance payment, or fee, except in certain circumstances. Additionally, the bill requires any health benefit plan that provides coverage for hormonal contraceptives to provide point-of-sale coverage without cost-sharing at in-network pharmacies for hormonal contraceptives available over-the-counter. This bill is identical to SB 361.

Law-enforcement agencies; agreements with federal authority for immigration enforcement; requirements. Prohibits any state or local law-enforcement agency, defined in the bill, from maintaining, renewing, or entering into any federal immigration agreement unless such agreement contains certain provisions. The bill also prohibits any person acting in his capacity as a law-enforcement officer to assist, cooperate with, or use any law-enforcement resources to facilitate any operation that seeks to identify, arrest, or otherwise impose a penalty upon an individual for any violation of federal civil immigration law. The bill provides that such prohibition shall not apply (i) if the authority to enforce such laws is otherwise permitted or required by law; (ii) if the person acting in his capacity as a law-enforcement officer is presented with a valid judicial warrant or judicial subpoena that authorizes such enforcement; or (iii) to the transfer of custody of an adult convicted of certain violent felonies from a state, local, or regional correctional facility upon such correctional facility's receipt of a federal immigration detainer. This bill incorporates HB 1438 and is identical to SB 783.

Health insurance; essential health benefits benchmark plan. Requires the Bureau of Insurance to select a new essential health benefits benchmark plan for the 2028 plan year, or the soonest plan year thereafter as permitted by the Centers for Medicare and Medicaid Services, that includes, in addition to the essential health benefits package included in the existing benchmark plan, coverage for (i) doula care services; (ii) the treatment of iatrogenic infertility; (iii) fertility treatment and diagnosis, including a maximum of three cycles per lifetime of assisted reproductive technology; (iv) hearing aids for individuals of all ages; (v) pasteurized donor human breast milk; (vi) the prophylaxis, diagnosis, and treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome; and (vii) the treatment of polycystic ovary syndrome. Such mandate for coverage does not apply to the individual or small group markets. The bill has a delayed effective date pursuant to approval by the Centers for Medicare and Medicaid Services of certain coverage as outlined in the bill. As introduced, this bill was a recommendation of the Health Insurance Reform Commission.

Covenants not to compete; health care professionals; civil penalty. Adds health care professionals as a category of employee with or upon whom no employer shall enter into, enforce, or threaten to enforce a covenant not to compete. The bill defines "health care professional" as any person licensed, registered, or certified by the Board of Medicine, Nursing, Counseling, Optometry, Psychology, or Social Work. The bill provides that any employer that violates the prohibition against covenants not to compete with a health care professional is subject to the civil penalty in current law of $10,000 for each violation. This bill is identical to SB 128.

Public schools; programs and courses of instruction; instruction on January 6 insurrection; requirements and limitations. Permits a school board to provide a program of instruction on or relating to the January 6, 2021, insurrection at the United States Capitol to public school students only in accordance with the requirements of the bill. The bill prohibits any such program of instruction, any accompanying curriculum or instructional materials, or any instruction provided by a teacher as a part of such program of instruction from (i) describing, portraying, or presenting as credible a description or portrayal of the actions precipitating or involved in the January 6, 2021, insurrection as peaceful protest or (ii) stating, suggesting, or presenting as credible a statement or suggestion that there was extensive election fraud that could have changed or actually changed the results of the 2020 presidential election. The bill requires any such program of instruction, any accompanying curriculum or instructional materials, or any instruction provided by a teacher as a part of such program of instruction to describe the January 6, 2021, insurrection at the United States Capitol as an unprecedented, violent attack on U.S. democratic institutions, infrastructure, and representatives for the purpose of overturning the results of the 2020 presidential election.

Distributed Energy Resources Task Force established; reports; sunset. Establishes the Distributed Energy Resources Task Force as an advisory commission within the executive branch with the purpose of developing a comprehensive strategy to advance the Commonwealth's transition toward integrated distributed energy resource markets and to support the Commonwealth's compliance with certain regulations. The bill describes the membership, powers, and duties of the Task Force and requires the Task Force to submit various reports to the Governor, the State Corporation Commission, the Federal Energy Regulatory Commission, and the Chairs of the House Committee on Labor and Commerce and the Senate Committee on Commerce and Labor. The bill sunsets on July 1, 2027. This bill is identical to SB 223.

Certain sex offenses; sexual extortion; unlawful creation of image of another; penalties. Provides that any person who, with the intent to cause the complaining witness to engage in certain sexual acts, maliciously (i) threatens in writing, including electronically, (a) to disseminate, sell, or publish a videographic or still image, created by any means whatsoever, or (b) to not delete, remove, or take back a previously disseminated, sold, or published videographic or still image, created by any means whatsoever, that depicts the complaining witness or such complaining witness's family or household member, as defined in relevant law, as totally nude or in a state of undress so as to expose the genitals, pubic area, buttocks, or female breast or (ii) threatens eviction, loss of housing, property damage, or any financial loss, but such complaining witness does not thereby engage in such sexual acts is guilty of attempted sexual extortion and shall be punished as prescribed by relevant law.The bill also adds to the existing offense of unlawfully creating an image of another a prohibition on any person knowingly and intentionally creating any videographic or still image by any means whatsoever of any nonconsenting person if that person is not exposed to show the genitals, pubic area, buttocks, or female breast but such videographic or still image is obscene, as defined in relevant law, when such nonconsenting person is in a restroom, dressing room, locker room, hotel room, motel room, tanning bed, tanning booth, bedroom, or other location. A violation of such prohibition is a Class 1 misdemeanor unless such nonconsenting person is younger than the age of 18, in which case it is elevated to a Class 6 felony.

Firearm transfers to another person from a prohibited person. Provides that a person who is prohibited from possessing a firearm because the person is subject to a protective order or has been convicted of an assault and battery of a family or household member may transfer a firearm owned by the prohibited person to any person who is not otherwise prohibited by law from possessing such firearm, provided that the person who is not otherwise prohibited by law from possessing such firearm is 21 years of age or older and does not reside with the person who is subject to the protective order. Under current law, there is no requirement that a transferee cannot be younger than 21 years of age and cannot reside with the prohibited person. The bill also provides that the prohibited person who transfers, sells, or surrenders a firearm pursuant to the provisions of the bill shall inform the clerk of the court of the name, address, and signature of the transferee, federally licensed firearms dealer, or law-enforcement agency in possession of the firearm and shall provide a copy of the form to the transferee. The bill also provides that a person who is prohibited from possessing a firearm because the person is subject to a protective order or has been convicted of an assault and battery of a family or household member shall be advised that a law-enforcement officer may obtain a search warrant to search for any firearms from the person if the law-enforcement officer has probable cause. This bill is identical to SB 38.

Firearm industry members; standards of responsible conduct; civil liability. Creates standards of responsible conduct for firearm industry members and requires such members to establish and implement reasonable controls regarding the manufacture, sale, distribution, use, and marketing of the firearm industry member's firearm-related products, as those terms are defined in the bill. Such reasonable controls include reasonable procedures, safeguards, and business practices that are designed to (i) prevent the sale or distribution of a firearm-related product to a straw purchaser, a firearm trafficker, a person prohibited from possessing a firearm under state or federal law, or a person who the firearm industry member has reasonable cause to believe is at substantial risk of using a firearm-related product to harm themselves or unlawfully harm another or of unlawfully possessing or using a firearm-related product; (ii) prevent the loss of a firearm-related product or theft of a firearm-related product from a firearm industry member; (iii) ensure that the firearm industry member complies with all provisions of state and federal law and does not otherwise promote the unlawful manufacture, sale, possession, marketing, or use of a firearm-related product; (iv) prevent the installation and use of an auto sear on firearm-related products; and (v) ensure that the firearm industry member does not engage in an act or practice in violation of the Virginia Consumer Protection Act. The bill also provides that a firearm industry member may not knowingly create, maintain, or contribute to a public nuisance, as defined in the bill, through the sale, manufacturing, importing, or marketing of a firearm-related product. The bill creates a civil cause of action for the Attorney General or a local county, city, or town attorney to enforce the provisions of the bill or for any person who has been injured as a result of a firearm industry member's violation to seek an injunction and to recover costs and damages. The bill also allows the Attorney General to issue a civil investigative demand if he has reasonable cause to believe that any person has engaged in, is engaging in, or is about to engage in any violation of such standards of responsible conduct.

Purchase, possession, or transportation of firearm; assault and battery of a family or household member or intimate partner; penalty. Adds to the definition of "family or household member," as such definition relates to juvenile and domestic relations district court, a person's intimate partner, defined in the bill as an individual who, within the previous 12 months, was in a romantic, dating, or sexual relationship with the person as determined by the length, nature, frequency, and type of interaction between the individuals involved in the relationship. The bill also adds to the definition of "family or household member," as such definition relates to a person's purchase, possession, or transportation of a firearm following an assault and battery of a family or household member, any individual who cohabits or who, within the previous 12 months, cohabitated with the person. Finally, the bill provides that any person who knowingly and intentionally purchases, possesses, or transports any firearm following a misdemeanor conviction for an offense that occurred on or after July 1, 2026, for the offense of assault and battery against an intimate partner or an offense substantially similar under the laws of any other state or of the United States is guilty of a Class 1 misdemeanor.