All Roll Calls
Yes: 199 • No: 14
VirginiaHB13182026 Regular SessionHouseWALLET
Hospitals; emergency department physicians.
Sponsored By: Rodney T. Willett (Democratic)
Became Law
Summary
Hospitals; psychiatric emergency departments. Allows hospitals with psychiatric emergency departments located in the City of Hampton to operate without a physician on duty when certain conditions are met, including having written agreements in place with emergency medical service providers and being immediately adjacent to a non-psychiatric emergency department. The bill requires such psychiatric emergency departments to submit treatment data to the General Assembly on an annual basis by November 1. This bill is identical to SB 738.
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Bill Overview
Analyzed Economic Effects
14 provisions identified: 13 benefits, 1 costs, 0 mixed.
Money and insurance protections in nursing homes
If a resident leaves or dies, the nursing home must refund any unspent patient funds on deposit within 30 days of a written request, excluding certain entrance fees. Each facility must carry at least $1,000,000 in general liability coverage per occurrence and professional liability at least equal to the recovery limit in § 8.01-581.15, and show proof at license renewal.
Notice before non-emergency air transport
If you do not have an emergency medical condition, the hospital must give you written or electronic notice before arranging air transport. The notice must say you may choose medically appropriate ground transport. It must also warn that you will owe charges if the air provider is out‑of‑network or not covered by your insurance.
Better care for moms and newborns
Hospitals with obstetric care must have a clear process to admit or transfer any woman who arrives in labor. They must have policies for counseling and care when a stillbirth occurs. Hospitals must create written discharge plans for postpartum women who use substances and their infants, make referrals, and notify the local Community Services Board to manage the plan under privacy rules. The state also sets levels of neonatal care so babies get matched to hospitals with the right staff, equipment, and protocols.
Nursing home safety checks and reporting
Nursing homes must train all employees who are mandated reporters on how to report adult abuse and the penalties for not reporting. Facilities must sign up with State Police to get nearby sex‑offender registry notices. Before admitting someone expected to stay more than three days, the facility must check if the person is required to be on the registry.
Safer emergency rooms with on-site doctors
Hospitals that run an ER must have a Virginia-licensed physician physically in the ER at all times. Narrow psychiatric ER exceptions apply only when strict conditions are met. ERs must have a security plan based on a risk review and have trained security or an off-duty officer when the risk calls for it; the state may approve a different approach. When the ER orders a urine drug screen to diagnose you, it must include a fentanyl test. ERs must follow treatment and discharge steps for substance use, including giving or prescribing naloxone and referrals; hospitals may partner with the Health Department to give naloxone to uninsured patients.
Second opinions on life-support decisions
Hospitals that can provide life-sustaining treatment must have a policy to decide if care is medically and ethically appropriate. You can get a second opinion and ask for an interdisciplinary committee review. The hospital must put a written explanation in the medical record and tell patients and decision-makers about record access and independent opinions. You can seek legal review if you notify the hospital CEO within 14 days.
Stronger hospital visitation and records rights
Hospitals must tell you your rights and responsibilities at admission. Adult patients may choose who can visit, subject to reasonable safety limits. During a declared infectious-disease emergency, hospitals and long-term care facilities must allow clergy visits consistent with safety guidance. If a hospital gives a minor online record access, it must also give the parent or guardian access unless the law bars sharing or consent is missing. Facilities must set rules for patient smart assistants that protect privacy under HIPAA.
Stronger protections from hospital workplace violence
Hospitals must set up a system for staff to report workplace violence, tell all employees about it, and ban retaliation. They must keep incident records for at least two years with standard details. Hospitals must report data every quarter to their chief medical and nursing officers and send an annual summary to the Health Department without personal identifiers.
Stronger standards and more capacity in crises
The State Board of Health sets minimum rules for hospital and nursing home building safety, staffing, training, infection control, disaster plans, and security. During a disaster or public‑health emergency, facilities may add temporary beds without a new license for the length of the emergency plus 30 days. Hospitals, nursing homes, and certified nursing facilities may operate adult day centers if they get the needed license.
Family rights and transparency in nursing homes
Facilities must fully tell applicants their admissions rules and any preferences. At a family council’s request, homes must send up to six notices a year, post information, and allow family participation. During a COVID‑19 public health emergency, homes must follow CDC and CMS guidance, support virtual visits, and allow in‑person visits at least once every 10 days unless the patient or representative limits them.
More health options in nursing homes
Nursing homes must offer residents an annual flu shot and a pneumococcal shot unless medically inappropriate or refused. If a resident has a valid written certification, trained staff may store and give cannabis oil to that resident.
Safer surgeries and faster emergency orders
Hospitals must use smoke‑evacuation systems for planned operations that generate surgical smoke. Staff may take emergency verbal or phone orders for treatment, but the ordering clinician must sign within 72 hours (or an authorized co‑signer if unavailable). If your elective surgery will likely need outpatient physical therapy, the hospital must tell you before surgery and require you to pick a therapy provider before discharge.
Stronger hospital safety and coordination protocols
Hospitals must follow an organ donation protocol, have agreements with an organ procurement group, a tissue bank, and an eye bank, and notify them of deaths or imminent deaths. Facilities that stock clotting factor for hemophilia must record lot numbers and notify doctors and, if needed, patients by return‑receipt mail if a contaminated lot is found. Psychiatric units must have direct doctor‑to‑doctor communication on refusals to admit, and speak with a poison control specialist on toxicology questions if the referring doctor requests it.
New license fees on care facilities
The Board of Health sets fees for issuing, changing, or renewing hospital and nursing home licenses. The law does not list the fee amounts. These fees raise operating costs for facilities and could influence charges to patients or insurers.
Sponsors & Cosponsors
Sponsor
Rodney T. Willett
Democratic • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
Senate vote • 3/2/2026
Passed Senate Block Vote
Yes: 40 • No: 0
Senate vote • 2/27/2026
Constitutional reading dispensed Block Vote (on 2nd reading)
Yes: 37 • No: 0
Senate vote • 2/27/2026
Passed by for the day Block Vote (Voice Vote)
Yes: 0 • No: 0
Senate vote • 2/26/2026
Reported from Education and Health
Yes: 14 • No: 0
House vote • 2/17/2026
Read third time and passed House
Yes: 90 • No: 7
House vote • 2/12/2026
Subcommittee recommends reporting with substitute
Yes: 4 • No: 1 • Other: 1
House vote • 2/12/2026
Reported from Health and Human Services with substitute
Yes: 14 • No: 6 • Other: 1
Actions Timeline
Acts of Assembly Chapter text (CHAP0296)
4/6/2026GovernorApproved by Governor-Chapter 296 (effective 7/1/2026)
4/6/2026GovernorGovernor's Action Deadline 11:59 p.m., April 13, 2026
3/10/2026GovernorEnrolled Bill communicated to Governor on March 10, 2026
3/10/2026HouseFiscal Impact Statement from Department of Planning and Budget (HB1318)
3/9/2026HouseBill text as passed House and Senate (HB1318ER)
3/9/2026HouseEnrolled
3/9/2026HouseSigned by President
3/9/2026SenateSigned by Speaker
3/9/2026HousePassed Senate Block Vote (40-Y 0-N 0-A)
3/2/2026SenateRead third time
3/2/2026SenatePassed by for the day Block Vote (Voice Vote)
2/27/2026SenateConstitutional reading dispensed Block Vote (on 2nd reading) (37-Y 0-N 0-A)
2/27/2026SenateRules suspended
2/27/2026SenateReported from Education and Health (14-Y 0-N)
2/26/2026SenateFiscal Impact Statement from Department of Planning and Budget (HB1318)
2/23/2026HouseReferred to Committee on Education and Health
2/18/2026SenateConstitutional reading dispensed (on 1st reading)
2/18/2026SenateRead third time and passed House (90-Y 7-N 0-A)
2/17/2026HouseEngrossed by House - committee substitute
2/16/2026Housecommittee substitute agreed to
2/16/2026HouseRead second time
2/16/2026HouseRead first time
2/15/2026HouseCommittee substitute printed 26106234D-H1
2/12/2026HouseReported from Health and Human Services with substitute (14-Y 6-N 1-A)
2/12/2026House
Bill Text
Chaptered
4/6/2026
Enrolled
3/9/2026
Substitute
2/12/2026
Introduced
1/16/2026
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