2015 Session

Budget Amendments - SB800 (Conference Report)

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Compensation for Victims of Sterilization

Item 307 #9c

Item 307 #9c

First Year - FY2015 Second Year - FY2016
Health and Human Resources
Department of Behavioral Health and Developmental Services FY2015 $0 FY2016 $400,000 GF

Page 284, line 51, strike "$76,160,382" and insert "$76,560,382".
Page 287, after line 3 insert:
"N.1.  Out of this appropriation, $400,000 the second 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, 2015.
2.  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, 2015.
3. 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.
4. Reimbursement per verified claim shall be $25,000 and shall be contingent on funding being available, with disbursements being prioritized based on the date at which sufficient documentation is provided.
5. Should the funding provided for compensation be exhausted prior to the end of fiscal year 2016, the department shall continue to collect applications. The department shall provide a report to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees on a quarterly basis on the number of additional individuals who have been applied.
6. 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.  
7. 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 $400,000 from the general fund in fiscal year 2016 to reimburse individuals who were victims of forced sterilization. The amendment provides for a reimbursement of $25,000 per individual.)