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VA SB114

VA SB114
Medicaid waivers; consumer-directed services, employer of record.


summary

Introduced
01/05/2026
In Committee
01/22/2026
Crossed Over
Passed
Dead

Introduced Session

2026 Regular Regular Session

Bill 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.

AI Summary

This bill directs the Department of Medical Assistance Services (DMAS) to seek federal approval to change rules for consumer-directed services, which are services provided through certain Medicaid waivers that allow individuals to manage their own care. Specifically, the bill allows individuals receiving these services to act as the "employer of record" (EOR), meaning they are responsible for managing their caregivers. If the individual cannot manage these duties themselves, they can designate another person to act on their behalf. An Employer Identification Number (EIN), a unique nine-digit number assigned by the Internal Revenue Service to businesses for tax purposes, will generally be assigned to the individual receiving services and cannot be transferred to another person, unless the individual is a minor, cannot use their existing EIN for tax purposes, or is otherwise deemed ineligible by DMAS. DMAS will also have the authority to limit how often an individual can designate someone else to act as their EOR, capping it at twice per calendar year.

Committee Categories

Budget and Finance, Health and Social Services

Sponsors (2)

Last Action

Continued to next session in Finance and Appropriations (10-Y 4-N) (on 02/03/2026)

bill text


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bill summary

Document Type Source Location
State Bill Page https://lis.virginia.gov/bill-details/20261/SB114
Fiscal Note/Analysis - Fiscal Impact Statement from Department of Planning and Budget (SB114) https://lis.blob.core.windows.net/files/1088497.PDF
BillText https://lis.virginia.gov/bill-details/20261/SB114/text/SB114
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