# Virginia SB1328: Medicaid waivers; consumer-directed services, employer of record.

Virginia SB1328, Medicaid waivers; consumer-directed services, employer of record., is a 2025 Regular Session Senate bill sponsored by Tara A. Durant (Republican); status failed, last action 2025-02-05 (Left in Finance and Appropriations) (as of 2026-10-17).

- Canonical: https://policyrisk.com/state-bill/VA-SB1328-2025
- As of: 2026-10-17
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Bill: Virginia SB1328
- State: Virginia
- Session: 2025 Regular Session
- Title: Medicaid waivers; consumer-directed services, employer of record.
- Status: failed
- Chamber: Senate
- Introduced: 2025-01-12
- Last action: 2025-02-05, Left in Finance and Appropriations
- Sponsor: Tara A. Durant (Republican)
- Cosponsors: 0
- Subjects: Finance and Appropriations
- Touches household money: no
- Roll calls: 1 (15 yes, 0 no in all)
- Economic provisions PRIA read: 0

## Summary

Department of Medical Assistance Services; Medicaid waivers; consumer-directed services; employer of record. Directs the Department of Medical Assistance Services (DMAS) to modify the program rules for consumer-directed services available through certain Medicaid waivers to allow an individual receiving services to serve as the employer of record (EOR) for his own service delivery and designate another individual to perform all or a portion of the duties of the EOR on the individual's behalf when the individual receiving services is unable to perform such duties or direct his own care. The bill specifies that when an individual (i) has not yet reached the age of majority, (ii) is ineligible to use his existing employer identification number (EIN) to facilitate the taxation of benefits, or (iii) is otherwise determined to be ineligible by DMAS by administrative rule, the EIN shall be assigned to the individual receiving services and shall not be transferred to another individual. Under the bill, DMAS has the authority to limit such amendments to specify that an individual receiving services may make such designation no more than twice per calendar year.

## Bill overview

No economic impacts identified for this bill.

## Sponsors and cosponsors

- Sponsor: Tara A. Durant (Republican), Senate

## Roll call votes

| Date | Chamber | Motion | Result | Yes | No | Other |
| --- | --- | --- | --- | --- | --- | --- |
| 2025-01-30 | Senate | Reported from Education and Health with substitute and rereferred to Finance and Appropriations | pass | 15 | 0 |   |

## Actions (8)

- 2025-02-05: Left in Finance and Appropriations (Senate)
- 2025-01-31: Fiscal Impact Statement from Department of Planning and Budget (SB1328) (Senate)
- 2025-01-30: Committee substitute printed 25105466D-S1 (Senate)
- 2025-01-30: Reported from Education and Health with substitute and rereferred to Finance and Appropriations (15-Y 0-N) (Senate)
- 2025-01-28: Assigned Education sub: Health (Senate)
- 2025-01-26: Fiscal Impact Statement from Department of Planning and Budget (SB1328) (Senate)
- 2025-01-12: Referred to Committee on Education and Health (Senate)
- 2025-01-12: Prefiled and ordered printed; Offered 01-12-2025 25104448D (Senate)

## Bill text

- Substitute, 2025-01-30: [HTML](https://lis.blob.core.windows.net/files/1035859.HTML), [PDF](https://lis.blob.core.windows.net/files/1035858.PDF)
- Substitute, 2025-01-24: [HTML](https://lis.blob.core.windows.net/files/1028987.HTML), [PDF](https://lis.blob.core.windows.net/files/1028986.PDF)
- Introduced, 2025-01-12: [HTML](https://lis.blob.core.windows.net/files/1019367.HTML), [PDF](https://lis.blob.core.windows.net/files/1019366.PDF)

## Related bills

- HR671: Commending JR's Auto Care. (adopted)
- SB941: Robbery; use of air or gas operated weapon, etc., penalty. (failed)
- HB1746: Public safety officer; definition. (failed)
- HB1600: Budget Bill. (failed)
- SB1449: Data centers; site assessment for high energy use facility. (failed)
- HB1609: Essential health benefits benchmark plan; Commission to consider coverage for infertility treatment. (to governor)

## Sources
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1035859.HTML)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1035858.PDF)
- [Substitute (HTML)](https://lis.blob.core.windows.net/files/1028987.HTML)
- [Substitute (PDF)](https://lis.blob.core.windows.net/files/1028986.PDF)
- [Introduced (HTML)](https://lis.blob.core.windows.net/files/1019367.HTML)
- [Introduced (PDF)](https://lis.blob.core.windows.net/files/1019366.PDF)

## Related
- [HR671: Commending JR's Auto Care.](https://policyrisk.com/state-bill/VA-HR671-2025)
- [SB941: Robbery; use of air or gas operated weapon, etc., penalty.](https://policyrisk.com/state-bill/VA-SB941-2025)
- [HB1746: Public safety officer; definition.](https://policyrisk.com/state-bill/VA-HB1746-2025)
- [HB1600: Budget Bill.](https://policyrisk.com/state-bill/VA-HB1600-2025)
- [SB1449: Data centers; site assessment for high energy use facility.](https://policyrisk.com/state-bill/VA-SB1449-2025)
- [HB1609: Essential health benefits benchmark plan; Commission to consider coverage for i…](https://policyrisk.com/state-bill/VA-HB1609-2025)
- [Virginia bills](https://policyrisk.com/states/virginia/bills)
- [Virginia state hub](https://policyrisk.com/states/virginia)
- [All state legislation](https://policyrisk.com/state-bills)

Source: PRIA, https://policyrisk.com/state-bill/VA-SB1328-2025 (as of 2026-10-17).