Senate amendment makes the following changes to the 3rd edition.
Deletes new subdivision GS 122C-3(20c), which defined LME/MCOs. Makes conforming changes.
|View NCGA Bill Details||2013-2014 Session|
A BILL TO BE ENTITLED AN ACT TO REQUIRE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH A SUPPORTIVE HOUSING PROGRAM FOR INDIVIDUALS TRANSITIONING FROM INSTITUTIONAL SETTINGS TO INTEGRATED COMMUNITY-BASED SETTINGS, TO CLARIFY HOW FUNDS APPROPRIATED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE ESTABLISHMENT AND OPERATION OF THIS PROGRAM SHALL BE USED, AND TO CREATE A COMMUNITY LIVING HOUSING FUND WITHIN THE HOUSING FINANCE AGENCY TO INTEGRATE INDIVIDUALS WITH DISABILITIES INTO COMMUNITY-BASED SUPPORTED HOUSING.Intro. by Hise.
Summary date: Jun 17 2013 - More information
Summary date: Jun 12 2013 - More information
Senate committee substitute to the 2nd edition makes the following changes.
Amends proposed GS 122C-20.11 to no longer require a transition plan for an approved housing slot to identify the individual's assistive technology needs. Also deletes proposed GS Chapter 168, Article 2A, Assistive Technology for Individuals Transitioning into Community Living.
Amends proposed GS 122E-3A to no longer terminate the Transitions to Community Living Fund on June 30, 2020, within the statute. Instead, adds new Section 5 to the act, which includes an uncodified provision terminating the Transitions to Community Living Fund on June 30, 2020, reverting any remaining balance to the General Fund.
No longer appropriates specified funds to the Department of Health and Human Services. Provides instead that funds appropriated to DHHS for the 2013-15 biennium to develop and implement housing, support, and other services for people with mental illness under the Department of Justice settlement agreement must be used for the purposes that were specified for the use of the amount appropriated in the previous edition. Amends those purposes to require any funds appropriated for the 2014-15 fiscal year not used for the specified purposes be used to provide a comprehensive array of services that individuals need to transition to and be maintained in the community. Changes the effective date of this section from July 1, 2014, to July 1, 2013.
Deletes the appropriation to the Transitions to Community Living Fund.
Makes technical corrections and clarifying changes. Amends the act's title.
Summary date: May 29 2013 - More information
Senate committee substitute makes the following changes to the 1st edition.
Changes the long title.
Amends GS 122C-3(20c), providing that an LME/MCO is defined as an LME/MCO that is under contract with the Department of Health and Human Services (Department) to operate the combined Medicaid Waiver program (previously, defined as an LME that has been approved by the Department).
Amends GS 122C-20.5, amending the definition for In-reach activities, providing that the term does not include education or information provided by adult care homes (previous edition stated it did not include education or information provided by adult care homes or state psychiatric hospitals to residents). Deletes the term and definition for Institution for mental disease.
Amends GS 122C-20.8, Eligibility requirements for NC Supportive Housing Program (Program), providing that the Division of Aging and Adult Services (Division) (was, the Commission on Mental Health, Developmental Disabilities, and Substance Abuse Services) will adopt rules to establish eligibility for the program. Directs the Division to adopt temporary rules necessary to implement this article. Makes a technical change. Deletes GS 122C-20.15, Rules to implement NC Supportive Housing Program, as included in the previous edition and makes organizational changes accordingly.
Amends GS 122C-20.9, In-reach activities for supportive housing, providing that LME/MCOs have an ongoing responsibility to report back to the Department on the LME/MCO's recommended list of program participants on a daily basis (was, monthly).
Amends GS 122C-20.10, Allocation of supportive housing slots to LME/MCOs, making a technical change.
Amends GS 122C-20.11, Transition of program participants into housing slots, making a clarifying change.
Amends GS 12C-20.13, Approval of landlords and housing units, providing that the application process for landlords must include an inspection of the owners' selected housing units (was, all of the owner's available housing units) and a requirement that owners receive education information from the NC Supportive Housing Program prior to being approved as landlords (previously, owners were required to complete training).
Enacts GS 122C-20.15 (previously, 122C-20.16), Annual reporting on NC Supportive Housing Program, providing that the Department will annually, on October 1, report to the General Assembly on the numbers of individuals within each catchment area who transitioned into housing slots available through the Program (was, each LME/MCO was required to report annually on April 1 to the Department). Deletes a requirement for the Department to annually report to the General Assembly on the effectiveness of the Program.
Deletes GS 122C-20.17, Department not obligated to provide unlimited number of housing slots.
Enacts new GS 122C-20.16, NC Supportive Housing Program not an entitlement, providing that the Department will not be required to provide housing slots to individuals beyond the number that can be supported by funds appropriated by the General Assembly for this purpose. Establishes that this Program is not an entitlement and no property rights are created.
Amends the appropriations of the act, providing that $3,835,280 is appropriated from the General Fund to the Department (was, to Transitions to Community Living Housing Budget) for fiscal year 2013-14, and $5,876,000 for fiscal year 2014-15.
Amends GS 122E-3A, changing title to Community Living Housing Fund (was, Transitions to Community Living Housing Budget). Deletes the terms Individuals with disabilities and Transitions to Community Living Fund (Fund) from the definitions section. Provides that the Community Living Housing Fund is established within the Housing Finance Agency (previously, this section established the Transitions to Community Living Housing Budget within the Transitions to Community Living Fund) to pay for the transition of individuals diagnosed with severe mental illness or severe and persistent mental illness from institutional settings to integrated, community-based supported housing and to increase the percentage of targeted housing units available to individuals with disabilities for use in the Program. Amends the purposes for which the monies of the Fund can be used, providing that they must be used to either provide permanent community-based housing in integrated settings appropriate for individuals with severe mental illness and severe and persistent mental illness or to support an increase in the number of targeted units for individuals with disabilities in housing projects funded by the Housing Finance Agency from 10% to 15%. Also provides that any additional targeted units funded must be made available to the Department for use in the Program. Makes conforming changes.
Amends GS 168-18, deleting individuals who have intellectual or developmental disabilities from the definition for individuals with disabilities. Makes a technical change.
Appropriates from the General Fund to the Transitions to Community Living Fund $150,000 for the 2014-15 fiscal year (previous edition appropriated funds from the General Fund to the Community Living Housing Budget and included a $200,000 appropriation for 2013-14). Provides that these funds will also be used to pay for assistive technology devices for individuals with disabilities who are transitioning from institutional settings (previous edition provided the funds could be used for assistive technology assessments only).
Amends the enactment clause, changing effective dates, providing that Section 3 of the act becomes effective July 1, 2014, with Section 5(b) becoming effective July 1, 2013, with the remainder effective when the act becomes law.
Summary date: Apr 4 2013 - More information
Amends GS 122C-3 by adding a new subdivision, (20c), to define local management entity/managed care organizationor LME/MCOas an LME that has been approved by the Department of Health and Human Services (DHHS) to operate the 1915(b)/(c) Medicaid Waiver (refers to two sections of the Social Security Act that allow states to apply for waivers from federal Medicaid policy).
Adds new Article 1B, Transitions to Community Living, to GS Chapter 122C. Includes definitions for terms as they apply in this Article. Directs DHHS, in consultation with the NC Housing Finance Agency (HFA), to establish and administer the NC Supportive Housing Program (SHP), a tenant-based rental assistance program.Provides that the purpose of the SHP is to transition individuals who are diagnosed with serious mental illness and serious and persistent mental illness from institutional settings to more integrated community-based settings appropriate to meet their needs.Directs DHHS, in consultation with the HFA and LME/MCOs, to arrange for program participants tobe placed in available housing slots through the program with all of the rights and obligations created by a landlord-tenant relationship.
Provides guidelines for the administration of housingsubsidiesfor supportive housing, and directs the Commission on Mental Health, Developmental Disabilities, and Substance Abuse Services to establish eligibility requirements the Supportive Housing Program. Designates DHHS as having ongoing responsibilities for developing and distributing a list of potentially eligible program participants for each LME/MCO by catchment area. Shifts responsibility for prioritizing this informationupon receipt to each LME/MCO. Directs DHHS to annually determine the number of housing slots to be allocated to each LME/MCO as specified in this act. Directs the LME/MCO to develop a written transition plan that identifies certain needs of the individual and the available housing slots that meet the individual's needs.
Provides guidelines regarding transition services and tenancy support services. Directs DHHS to develop anapplication process for owners of housing units to participate in the program as landlords. Authorizes the Commission on Mental Health, Developmental Disabilities, and Substance Abuse Services to adopt any temporary rules necessary to implement this section.
Requires each LME/MCO to report annually on April 1 to DHHS on the number of individuals within the catchment area who transitioned into housing slots available through SHP during the preceding calendar year. Specifies that the report is to contain a breakdown of all the funds used by the LME/MCO to transition these individuals into the housing slots. Requires DHHS to report annually on July 1 to the General Assembly on the effectiveness of the SHP established in this section.
Provides that this section is not to be construed as requiring DHHS to provide an unlimited number of housing slots.
Requires that each LME/MCO transition at minimum 15 eligible individuals to community-based supported housing slots available through SHP no later than July 30, 2013.
Appropriates $3,835,280 from the General Fund to the Transitions to Community Living Housing Budget for fiscal year 2013-14, and $5,876,000 for fiscal year 2014-15. Specifies how the funds are to be used.
Enacts new GS 122E-3A to establish the Transitions to Community Living Housing Budget within the Transitions to Community Living Fund to pay for the transition of individuals with disabilities from institutional settings to integrated, community-basedsupported housing. Provides that any unexpended or unencumbered balance of the appropriated amount does not revert and remains available in the Transitions to Community Living Housing Budget.
Directs the HFA, in consultation with DHHS, to administer the Transitions to Community Living Housing Budget and provides that the funds are only to be made available for spending upon an act of appropriation by the General Assembly for the specified purposes.
Adds new Article 2A, Assistive Technology for Individuals Transitioning into Community Living, to GS Chapter 168. Provides definitions for terms as they apply inthis Article. Directs DHHS to expand the NC Assistive Technology Program to include anassistive technology reutilization program. Declares that the purpose of the assistive technology reutilization program is for DHHS to (1) retrieve assistive technology devices (ATDs) purchased with state funds, including durable medical equipment purchased via the state Medicaid Program, from consumers who no longer use the ATDsand (2) catalogue, refurbish, sanitize, store, and reassign the ATDs for use to individuals with disabilities.
Declares a preference for providing an individual with a disabilitywho is in need of an ATD with a suitably refurbished ATD. Also requires DHHS and LME/MCOs to provide or arrange outreach and training on ATDs for individuals with disabilities and professionals working with these individuals.
Also provides for the assessment of ATD needs, demonstrations of the use of ATDs, and proper disposal of ATDs and durable medical equipment.
Appropriates $200,000 from the General Fund to the Transitions to Community Living Budget for the 2013-14 fiscal year and $150,000 for the 2014-15 fiscal year. Limits the use of these funds to paying forthe costs of assistive technology assessments for individuals with disabilities who are transitioning from institutional settings to integrated settings to identify the best match for the individual considering the environment, task, and ability of the user.
Provides that the appropriationsin this act become effective July 1, 2013. The remainder of the act is effective whenit becomes law.