VA HB1985 | 2021 | 1st Special Session

Note: Carryover of previous HB1985

Status

Completed Legislative Action
Spectrum: Partisan Bill (Democrat 29-1)
Status: Passed on March 31 2021 - 100% progression
Action: 2021-03-31 - Governor: Acts of Assembly Chapter text (CHAP0507)
Text: Latest bill text (Chaptered) [HTML]

Summary

Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers' Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19 and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to July 1, 2020, either of the following criteria must be met, and on or after July 1, 2020, and prior to December 31, 2021, both of the following criteria must be met: (i) the claimant received a positive diagnosis of COVID-19 from a licensed physician, nurse practitioner, or physician assistant after either a presumptive positive test or a laboratory-confirmed test for COVID-19 and (ii) the claimant presented with signs and symptoms of COVID-19 that required medical treatment. The bill provides that such presumptions do not apply to any person offered by his employer a vaccine for the prevention of COVID-19 unless the person is immunized or the person's physician determines in writing that immunization would pose a significant risk to the person's health. Workers' compensation; presumption of compensability for COVID-19. Establishes a presumption that COVID-19 causing the death or disability of health care providers is an occupational disease compensable under the Workers' Compensation Act. The bill provides that the COVID-19 virus is established by a positive diagnostic test for COVID-19 and signs and symptoms of COVID-19 that require medical treatment. The bill provides that such presumption applies to any death or disability occurring on or after March 12, 2020, caused by infection from the COVID-19 virus, provided that for any such death or disability that occurred on or after March 12, 2020, and prior to July 1, 2020, either of the following criteria must be met, and on or after July 1, 2020, and prior to December 31, 2021, both of the following criteria must be met: (i) the claimant received a positive diagnosis of COVID-19 from a licensed physician, nurse practitioner, or physician assistant after either a presumptive positive test or a laboratory-confirmed test for COVID-19 and (ii) the claimant presented with signs and symptoms of COVID-19 that required medical treatment. The bill provides that such presumptions do not apply to any person offered by his employer a vaccine for the prevention of COVID-19 unless the person is immunized or the person's physician determines in writing that immunization would pose a significant risk to the person's health.

Tracking Information

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Title

Workers' compensation; presumption of compensability for COVID-19.

Sponsors


Roll Calls

2021-02-27 - Senate - Senate: Conference report agreed to by Senate (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 1) [PASS]
2021-02-25 - House - House: VOTE: Agreed To (95-Y 0-N 2-A) (Y: 95 N: 0 NV: 2 Abs: 3) [PASS]
2021-02-23 - Senate - Senate: Senate insisted on substitute (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-22 - House - House: VOTE: REJECTED (0-Y 95-N 2-A) (Y: 0 N: 95 NV: 2 Abs: 3) [FAIL]
2021-02-18 - Senate - Senate: Passed Senate with substitute (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-18 - Senate - Senate: Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-18 - Senate - Senate: Passed Senate with substitute (38-Y 0-N) (Y: 38 N: 0 NV: 0 Abs: 1) [PASS]
2021-02-17 - Senate - Senate: Constitutional reading dispensed (39-Y 0-N) (Y: 39 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-17 - Senate - Senate: Reported from Finance and Appropriations (16-Y 0-N) (Y: 16 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-15 - Senate - Senate: Reported from Commerce and Labor with substitute (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-05 - Senate - Senate: Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N) (Y: 15 N: 0 NV: 0 Abs: 0) [PASS]
2021-02-03 - House - House: VOTE: Passage (98-Y 0-N 1-A) (Y: 98 N: 0 NV: 1 Abs: 1) [PASS]
2021-01-29 - House - House: Reported from Appropriations with amendment(s) (22-Y 0-N) (Y: 22 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-29 - House - House: Subcommittee recommends reporting with amendments (8-Y 0-N) (Y: 8 N: 0 NV: 0 Abs: 0) [PASS]
2021-01-21 - House - House: Reported from Labor and Commerce with substitute (21-Y 0-N) (Y: 21 N: 0 NV: 1 Abs: 0) [PASS]
2021-01-19 - House - House: Subcommittee recommends reporting with substitute (6-Y 2-N) (Y: 6 N: 2 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2021-03-31 Governor: Acts of Assembly Chapter text (CHAP0507)
2021-03-31 Governor: Approved by Governor-Chapter 507 (effective 7/1/21)
2021-03-15 Governor: Governor's Action Deadline 11:59 p.m., March 31, 2021
2021-03-15HouseEnrolled Bill communicated to Governor on March 15, 2021
2021-03-11HouseSigned by Speaker
2021-03-09SenateSigned by President
2021-03-09HouseBill text as passed House and Senate (HB1985ER)
2021-03-09HouseEnrolled
2021-02-27SenateConference report agreed to by Senate (38-Y 0-N)
2021-02-25HouseVOTE: Agreed To (95-Y 0-N 2-A)
2021-02-25HouseConference report agreed to by House (95-Y 0-N 2-A)
2021-02-25HouseConference substitute printed 21200647D-H2
2021-02-25 Conference: Amended by conference committee
2021-02-25SenateSenators: Deeds, Norment, Edwards
2021-02-25SenateConferees appointed by Senate
2021-02-24HouseDelegates: Hurst, Jones, Kilgore
2021-02-24HouseConferees appointed by House
2021-02-24HouseHouse acceded to request
2021-02-23SenateSenate requested conference committee
2021-02-23SenateSenate insisted on substitute (39-Y 0-N)
2021-02-22HouseVOTE: REJECTED (0-Y 95-N 2-A)
2021-02-22HouseSenate substitute rejected by House 21200277D-S1 (0-Y 95-N 2-A)
2021-02-22HousePlaced on Calendar
2021-02-18SenatePassed Senate with substitute (39-Y 0-N)
2021-02-18SenateReconsideration of Senate passage agreed to by Senate (39-Y 0-N)
2021-02-18SenatePassed Senate with substitute (38-Y 0-N)
2021-02-18SenateEngrossed by Senate - committee substitute HB1985S1
2021-02-18SenateCommittee substitute agreed to 21200277D-S1
2021-02-18SenateReading of substitute waived
2021-02-18SenateRead third time
2021-02-17SenateReported from Finance and Appropriations (16-Y 0-N)
2021-02-17SenateConstitutional reading dispensed (39-Y 0-N)
2021-02-15SenateRereferred to Finance and Appropriations
2021-02-15SenateCommittee substitute printed 21200277D-S1
2021-02-15SenateReported from Commerce and Labor with substitute (15-Y 0-N)
2021-02-05SenateContinued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)
2021-02-04SenateReferred to Committee on Commerce and Labor
2021-02-04SenateConstitutional reading dispensed
2021-02-03HouseVOTE: Passage (98-Y 0-N 1-A)
2021-02-03HouseRead third time and passed House (98-Y 0-N 1-A)
2021-02-02HousePrinted as engrossed 21103301D-EH1
2021-02-02HouseEngrossed by House - committee substitute with amendments HB1985EH1
2021-02-02HouseCommittee on Appropriations amendments agreed to
2021-02-02HouseCommittee on Labor and Commerce substitute agreed to 21103301D-H1
2021-02-02HouseRead second time
2021-02-01HouseRead first time
2021-01-29HouseReported from Appropriations with amendment(s) (22-Y 0-N)
2021-01-29HouseSubcommittee recommends reporting with amendments (8-Y 0-N)
2021-01-22HouseAssigned App. sub: Compensation & General Government
2021-01-21HouseReferred to Committee on Appropriations
2021-01-21HouseCommittee substitute printed 21103301D-H1
2021-01-21HouseReported from Labor and Commerce with substitute (21-Y 0-N)
2021-01-19HouseSubcommittee recommends reporting with substitute (6-Y 2-N)
2021-01-14HouseAssigned L & C sub: Subcommittee #1
2021-01-11HouseReferred to Committee on Labor and Commerce
2021-01-11HousePrefiled and ordered printed; offered 01/13/21 21101723D

Same As/Similar To

HB1985 (Carry Over) 2021-02-05 - Continued to 2021 Sp. Sess. 1 in Commerce and Labor (15-Y 0-N)

Subjects


Code Citations

ChapterArticleSectionCitation TypeStatute Text
652402.1(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+sum+HB1985
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB1985+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB1985H1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB1985EH1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB1985S1+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB1985H2+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+HB1985ER+hil
Texthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+ful+CHAP0507+hil
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB1985AH
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/.htm
Amendmenthttps://committees.lis.virginia.gov/pdfs/drafts/21200233A.pdf
Amendmenthttps://lis.virginia.gov/cgi-bin/legp604.exe?212+amd+HB1985AC
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB1985FH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB1985FEH1122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB1985FH2122+PDF
Supplementhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+oth+HB1985FER122+PDF
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H1401C0001+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H14C0049+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H0202C0010+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+H02C0080+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HC1385+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S02C0070+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S02V0032+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+S05V0063+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0114HB1985+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0136HB1985+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0137HB1985+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0138HB1985+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1832+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0307HB1985+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+HV1994+HB1985
Roll Callhttps://lis.virginia.gov/cgi-bin/legp604.exe?212+vot+SV0518HB1985+HB1985

Bill Comments

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