2014 Session

Budget Amendments - HB30 (Floor Request)

View Budget Item
View Budget Item amendments

Chief Patron: Marshall, Robert
Compensation for Victims of Sterilization - $50,000

Item 307 #7h

Item 307 #7h

First Year - FY2015 Second Year - FY2016
Health and Human Resources
Behavioral Health and Developmental Services, Department of FY2015 $500,000 FY2016 $0 GF

Page 267, line 46, strike "$71,541,230" and insert "$72,041,230".
Page 269, after line 48 insert:
"N.1.  Out of this appropriation, $500,000 the first year from the General Fund is included to provide compensation to individuals who were involuntarily sterilized pursuant to the Virginia Eugenical Sterilization Act and who were living as of February 1, 2014.
2. Furthermore, at the end of fiscal year 2015, the State Comptroller shall reserve an amount on the balance sheet for the general fund of up to $500,000 from discretionary general fund balances recommended for reversion by the Governor to be provide compensation during fiscal year 2016 for additional individuals if the funding provided in fiscal year 2015 is exhausted.
3. A claim may be submitted on behalf of an individual by a person lawfully authorized to act on the individual's behalf. A claim may be submitted by the estate of or, personal representative of, an individual who dies on or after February 1, 2014.
4. Reimbursement shall be contingent on the individual or their representative providing appropriate documentation and information to verify the claim under guidelines established by the Department.  
5. The Department of  Behavioral Health and Developmental Services shall assist in identifying individuals who were subjected to involuntarily medical records by releasing medical records to immediate family members of individuals who may have been subjected to forced sterilization upon request of such records.  Furthermore, the Department shall make available to the public records of detailing the actions undertaken pursuant to the Virginia Eugenical Sterilization Act  that have redacted any personal information.          
6. Reimbursement per verified claim shall be $50,000 and shall be contingent on funding being available, with disbursements being prioritized based on the date at which sufficient documentation is provided.  Should the funding for FY 2015 be exhausted prior to June 30, 2015, those individuals identified as eligible for compensation shall be eligible for compensation during fiscal year 2016 contingent on available funding pursuant to subparagraph 2.  above.      
7. The Department of Medical Assistance Services shall seek federal authority to ensure that funds received through this act shall not be counted in determination of Medicaid eligibility.  
8. In order for the Department of Behavioral Health and Developmental Services, and the Department of Medical Assistance Services to implement the provisions of this act, both departments shall promulgate emergency regulations to become effective within 280 days or less from the enactment of this act."

(This amendment provides for a reimbursement of $50,000 per individual to individuals who were victims of forced sterilization. The amendment provides $500,000 from the general fund in fiscal year 2015 and includes language which would authorize an additional $500,000 in FY 2016 contingent on any discretionary unspent general fund appropriations recommended by the Governor for reversion to the General Fund at the end of fiscal year 2014 .)