AN ACT TO CAP REIMBURSEMENT BY COUNTIES, TO MAKE ADDITIONAL PROVISIONS RELATING TO PAYMENT FOR MEDICAL SERVICES PROVIDED TO INMATES IN COUNTY JAILS, TO ALLOW COUNTIES TO UTILIZE MEDICAID FOR ELIGIBLE PRISONERS, TO PROVIDE THAT VACANCIES IN THE OFFICE OF DISTRICT COURT JUDGE SHALL BE FILLED BY APPOINTMENT OF THE GOVERNOR; AND TO CREATE A PRIVATE RIGHT OF ACTION AGAINST NOTARIES WHO VIOLATE THE NOTARY PUBLIC ACT. Enacted August 23, 2013. Sections 1 and 3 are effective September 1, 2013. Section 2 is effective July 1, 2014. The remainder is effective August 23, 2013.
Bill Summaries: S321 (2013-2014 Session)
Summary date: Sep 3 2013 - View summary
Summary date: Jul 25 2013 - View summary
Conference report makes the following changes to the 8th edition.
Amends 153A-225.2, Payment of medical care of prisoners, making technical changes. Deletes provisions that prohibited counties from avoiding payment liability by releasing a prisoner or other person in lawful custody for the purpose of avoiding liability for medical care payment. Makes organizational changes.
Makes technical changes to Section 3 of the act, concerning the collaboration between the Division of Medical Assistance, Department of Health and Human Services, and the NC Association of County Commissioners.
Amends GS 7A-142, Vacancies in office, making a clarifying change.
Deletes proposed section 10B-61, Private right of action.
Enacts new GS 10B-60(g)(2), providing that a party to a transaction requiring a notarial certificate for verification and any attorney licensed in this state that is involved in such a transaction can execute affidavits and file them with the Secretary of State, setting out actions which are alleged to constitute violations. After affidavits are filed, law enforcement agents are required to initiate and carry out investigations of violations.
Summary date: Jul 22 2013 - View summary
House amendments to the 7th edition make the following changes.
Amendment #1 amends the long title to remove reference to amending environmental laws. Amends GS 10B-61 to provide that a party to a transaction requiring a notarial certificate for verification, and any licensed attorney involved in such a transaction, has standing to bring a civil action against any commissioned notary (was, pubic notary) who violates the act's provisions.
Amendment #2 amends GS 7A-142 to remove the requirement that any vacancy in the office of district judge must be filled no sooner than 30 days after the vacancy occurs.
Summary date: Jul 18 2013 - View summary
House amendment #3 makes the following changes to the 6th edition.
Amends the long title.
Deletes the repeal of GS 161-8, concerning office attendance at the Register of Deeds.
Deletes proposed new section GS 161-8.1, Office hours; notice of hours, which proposed new rules and procedures for register of deeds offices.
Amends the effective dates for the act, as amended by Amendment 1, providing that Section 1 and 3 of the act will become effective September 1, 2013, and Section 2 of the act will become effective July 1, 2014. Provides that Section 8 is effective.
Summary date: Jul 17 2013 - View summary
House amendment #1 makes the following changes to the 6th edition.
Changes the effective date for Section 6 to December 1, 2013 (was, September 1, 2013).
Amendment #2 makes the following changes.
Amends the short and long titles of the act.
Deletes proposed changes to the following provisions: GS 89C-19, concerning public works; GS 133-40(a), regarding the definition of public entity; and GS 143-215.1(j)(3), concerning the control of sources of water pollution. Makes conforming changes.
Summary date: Jul 16 2013 - View summary
House committee substitute makes the following changes to the 5th edition.
Amends the short and long titles.
Amends GS 7A-142, concerning vacancies in the office of district judges, providing that the bar of the judicial district where the vacancy occurs will nominate five people, by a vote, that are residents of the judicial district who are duly authorized to practice law in the district for consideration by the Governor. Requires that vacancies be filled no sooner than 30 days after the vacancy occurs. Directs the Governor to give due consideration to the nominations provided by the bar prior to filling the vacancy. Deletes numerous other substantive provisions of the section which previously provided exceptions and different procedures for filling vacancies occurring in District 9, 9B, and 18. Eliminates the requirement that judicial district bars must submit nominations in 30 days.
Repeals GS 161-8, attendance at office. Effective September 1, 2013.
Enacts new GS 161-8.1, Office hours; notice of hours, providing that the register of deeds office will be open for public business during county office workdays and hours, as set by the board of county commissioners (board), pursuant to GS 153A-94(b). The register of deeds can set the hours for registration of real estate instruments to begin not more than 30 minutes after the office opens to the public and end not more than 30 minutes after the office closes. Allows the office to be closed temporarily with the prior approval of the board or county manager. Specifies the reporting and posting requirements for alerting the public to the schedule of the office and any temporary changes to that schedule or temporary closings. Directs the Secretary of State to establish a website and procedures for the posting of the workdays, holidays, and office hours of each county register of deeds office. Effective September 1, 2013.
Amends GS 89C-19, provided H 94 of the 2013 Regular Session becomes law, to provide that in the course of conducting a technical review of an application for a permit or plan, the state and any of its political subdivisions must review the application or plan only on its ability to satisfy the intent of the requirements of the statute, rule, standard, or criterion against which the application or plan is being evaluated. It further prohibits the state and any of its political subdivisions from requiring revisions to the parts of an application or plan that constitutes the practice of engineering. Provides that when conducting the technical review of an application or plan that is or includes elements of an innovative design, revisions can be required that constitute the practice of engineering provided the reviewer is a professional engineer. Defines innovative design for use in this section. Provides that revisions to the parts of an application or plan that constitutes the practice of engineering must be provided by written notice, on agency letterhead, signed by the professional engineer reviewing the submission, including his or her state license number, and then provided to the permit applicants or the person that submitted the plan for approval.
Amends GS 133-40(a), provided H 94 of the 2013 Regular Session becomes law, to provide that the term "public entity" is understood to mean any department or agency of the State, state universities or colleges, and other similar entities but does not include municipalities, county governments, public utilities, transportation authorities, or airport authorities.
Amends GS 143-215.1(j)(3), provided H 94 of the 2013 Regular Session becomes law, concerning the control of sources of water pollution and providing that the Commission will require that the exceedances within a compliance boundary be remedied through cleanup, recovery, containment, or other response when, among other things, a violation of any standard in groundwater occurs in the bedrock, including limestone aquifers in Coastal Plain sediment, unless it can be demonstrated that the violation will not adversely affect, or have the potential to adversely affect, a water supply well (previously, excluded limestone bedrock from consideration).
Proposes new section GS 10B-61 to give standing to any party to a transaction requiring a notarial certificate for verification and any state-licensed attorney involved in such a transaction to bring a civil action in superior court against any commissioned public notary who violates the provisions of the Notary Public Act. Allows actions for damages or injunctive relief. Applies to notarial acts and omissions occurring on or after the date that the act becomes law.
Summary date: Jun 27 2013 - View summary
House committee substitute to the 4th edition makes the following changes.
Deletes proposed GS 153A-225(a1) and instead enacts new GS 153A-225.2, Payment of medical care of prisoners, as follows. Requires counties to reimburse providers and facilities that provide requested or emergency medical care outside of the local confinement facility to prisoners or others under arrest or in the custody of county law enforcement officers. Sets the reimbursement rate as the lesser of 70% of the providers's then current prevailing charge or two times the then current Medicaid rate for any given service. Gives counties the right to audit providers who have billed for services to the extent necessary to determine the actual prevailing charge. Defines requested or emergency medical care. Does not prevent a county from contracting with a provider for services at a rate that provides greater documentable cost avoidance for the county or at rates less favorable to the county that will ensure continued access to care. Prohibits counties from avoiding payment liability by releasing a prisoner or other person in lawful custody for the purpose of avoiding liability for medical care payment. Requires counties to make reasonable efforts to equitably distribute prisoners among all hospitals or health care facilities within the same county. Requires counties with more than one hospital or health care facility to make semiannual reports on compliance with this requirement.
Amends GS 7A-142 to provide that when filling a district judge vacancy, the Governor may select from nominations submitted by the district bar (was, vacancy must be filled by appointment of the Governor from nominations submitted by the district), with exceptions for District 9, 9B, and 18. Gives the judicial district bar 30 days to submit nominations. Deletes the requirement that the Governor appoint to fill the vacancy within 60 days after the district bar submits nominations and deletes the provision appointing the district bar nominee with the highest number of votes from the district bar when the Governor fails to make the nomination in 60 days.
Makes the effective date of Section 1 (enacting GS 153A-225.2) and Section 3 (concerning work by the Division of Medical Assistance and the Association of County Commissioners in preparing for the changes made by amendments to GS 153A-225) September 1, 2013. Retains the effective date of changes to GS 153A-225 as July 1, 2014. Makes the remainder of the act effective when it becomes law (was, July 1, 2013).
Amends the act's titles.
Summary date: Jun 5 2013 - View summary
House committee substitute makes the following changes to the 3rd edition.
Codifies Section 1 of this act as new subsection (a1) under GS 153A-225. Provides that the provisions apply toapproved prisoner medical services providedoutside of the local confinement facility (was, medical services provided within local confinement facilities).
Amends GS 153A-225(a) to provide that a local confinement facility's plan for providing medical care for prisoners in the facility may utilize Medicaid coverage for any other Medicaid services allowable for eligible prisoners, as well as for inpatient hospitalization.
Summary date: May 9 2013 - View summary
Senate amendment to the 2nd edition makes the following changes. Requires the Division of Medical Assistance (Division), Department of Health and Human Services, to work with the NC Association of County Commissioners (Association) to prepare for the change to GS 153A-225(a)(4). Requires the Division to use a uniform method, developed by the Association, with will allow all counties to interface with the Division to implement the act. Requires the Department of Public Safety to provide technical assistance as needed (under the previous version, the Department of Public Safety was to work with counties to prepare for the change).
Summary date: May 8 2013 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Amends GS 153A-225(a)(4) to provide that the plan developed by each unit that operates a local confinement facility may use Medicaid coverage for inpatient hospitalization for eligible prisoners. Makes this section effective July 1, 2014 (was July 1, 2013).
Directs the Department of Public Safety to work with counties to prepare for the July 1, 2014, effective date, upon whichMedicaid coverage can be utilized for inpatient hospitalization for eligible individuals.
Provides that the effective date for the remainder of this act remains July 1, 2013.