DEPARTMENT OF HEALTH & HUMAN SVCS. REVISIONS.-AB

View NCGA Bill Details2019-2020 Session
House Bill 250 (Public) Filed Thursday, February 28, 2019
AN ACT AMENDING STATUTES PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ENSURE COMPLIANCE WITH FEDERAL LAWS AND TO MAKE TECHNICAL CHANGES AND OTHER MODIFICATIONS TO STATUTES PERTAINING TO MEDICAID, CHILD SUPPORT, VOCATIONAL REHABILITATION, ASSISTED LIVING, THE STATE CONSUMER AND FAMILY ADVISORY COMMITTEE, EMPLOYEE ASSISTANCE PROFESSIONALS, ADOPTIONS, AND CHILD ABUSE AND NEGLECT.
Intro. by Dobson, Lambeth, Potts, Black.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 11 2019)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT AMENDING STATUTES PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ENSURE COMPLIANCE WITH FEDERAL LAWS AND TO MAKE TECHNICAL CHANGES AND OTHER MODIFICATIONS TO STATUTES PERTAINING TO MEDICAID, SOCIAL SERVICES, VOCATIONAL REHABILITATION, ASSISTED LIVING, MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.

H 250

Bill Summaries:

  • Summary date: Mar 12 2019 - More information

    House committee substitute makes the following changes to the 1st edition.

    Changes the act's long title. 

    Deletes all proposed changes in previous Part III, which amended GS 122C-80, GS 131D-10.3A, GS 131D-10.6, and GS 143B-932 to require criminal record checks of employees of child care institutions. 

    Deletes the proposed changes to GS 122C-3, which modified the definition of developmental disability and added security recordings and traumatic brain injury to the defined terms. 

    Deletes proposed GS 122C-56.1, which provided that a state facility is not required to disclose its security recordings to a client or to the client's next of kin or legally responsible person unless disclosure is required under federal law or compelled by a court.

    Makes clarifying changes to Section 5.1(b) (previously, Section 6.3(b)), concerning the terms and appointment of State Consumer and Family Advisory Committee members notwithstanding the proposed changes to GS 122C-171 regarding the same. 

    Makes organizational change to the act, placing the repeal of Article 32, GS Chapter 90 (Employee Assistance Professionals) in its own Part.

    Adds a new Part, amending GS 48-3-303 to make organizational changes to the preplacement assessment report of a prospective adoptive parent prior to the placement of a minor, moving an individual's date of birth to be included with the individual's physical and mental health rather than with the individual's nationality, race, ethnicity and religious preference. Removes nationality, race, ethnicity, and religious preference from the information in the preplacement assessment report the agency must review and evaluate to determine the individuals's strengths and needs (was, strengths and weaknesses) to be an adoptive parent. 

    Adds another new Part, amending GS 7B-309, adding persons providing information or assistance to those granted immunity for reporting and cooperating in a protective services assessment. Specifies that providing information or assistance includes medical evaluations or consultation in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect. Makes clarifying and technical changes. Effective July 1, 2019.

    Makes conforming organizational and clarifying changes to the act. 


  • Summary date: Feb 28 2019 - More information

    Part I.

    Amends GS 108A-57, concerning subrogation rights and withholding of information, as follows. Defines beneficiary, as it is used in the statute, to mean (1) the beneficiary of medical assistance, including a minor beneficiary; (2) the medical assistance beneficiary's parent, legal guardian, or personal representative; (3) the medical assistance beneficiary's heirs; and (4) the administrator or executor of the medical assistance beneficiary's estate. Makes conforming changes. Requires that any claim (was, a personal injury or wrongful death) brought by a medical assistance beneficiary against a third party include a claim for all medical assistance payments for health care items or services furnished to the medical assistance beneficiary as a result of the injury or action. Adds that if the beneficiary has claims against more than one third party related to the same injury, then any amount received in payment of the Medicaid claim related to that injury reduces the total balance of the Medicaid claim applicable to subsequent recoveries related to that injury. Requires the court to hold an evidentiary hearing no sooner than 60 (was, 30) days when a beneficiary disputes the presumptions in the statute. Makes additional clarifying changes.

    Part II.

    Amends GS 110-139 to add electronic communications or internet service providers to those entities who must provide the Department of Health and Human Services (DHHS) with specified information when it is needed to locate a parent for the purpose of collecting child support or to establish or enforce an order for child support. Makes conforming changes.

    Part III.

    Amends GS 122C-80 to require child care institutions, as defined by Title IV-E of the Social Security Act, to condition offers of employment on consent to a criminal history record check. Requires that criminal history record check requests made under the statute to be submitted to the NC State Bureau of Investigation instead of the Department of Public Safety (DPS) and makes conforming changes. No longer specifies the time frame for returning the results to the provider. Adds that if the licensed provider is a child-care institution, as defined by Title IV-E of the Social Security Act, then the offer of employment to fill a position that does not require an occupational license is conditioned on a check of the North Carolina Sex Offender Registry and consent to check the North Carolina Responsible Individuals List. Makes conforming changes to GS 131A-10.3A, containing mandatory criminal checks. Allows the denial, revocation, suspension, or provisional status for child care licenses for violations of these requirements.

    Amends GS 131D-10.6 to give DHHS the power to grant, deny, suspend, or revoke a license or provisional license in accordance with Article 1A (Control over Child Placing and Child Care).

    Amends GS 143B-932 to allow DPS to provide child care institutions with criminal record checks. Adds that DPS, when requested, must provide any child-care institution, as defined under Title IV-E of the Social Security Act, with the criminal history from the State and National Repositories of Criminal Histories for any person working or seeking employment with the institution. Specifies information that must be given to DPS and sets out related procedures. Sets out confidentiality requirements.

    Part IV.

    Amends GS 143-548 to change the Vocational Rehabilitation Council to the Vocational State Rehabilitation Council and provides that it is in support of the Division of Vocational Rehabilitation Services instead of housing it therein.

    Part V.

    Amends GS 90-288.14 by amending the conditions that must be met for certification as an assisted living administrator by adding that the applicant does not have a substantiated finding of neglect, abuse, misappropriation of property, diversion of drugs, or fraud listed on the Health Care Personnel Registry. Makes additional clarifying changes.

    Part VI.

    Amends the definitions that apply in GS Chapter 122C (the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985). Amends the criteria that must be met to be defined as having a developmental disability. Adds and defines the terms security recordings and traumatic brain injury.

    Enacts new GS 122C-56.1 providing that state a facility is not required to disclose its security recordings to a client or to the client's next of kin or legally responsible person unless disclosure is required under federal law or compelled by a court.

    Amends GS 122C-171 by removing the ability of the Council of Community Programs to appoint members to the State Consumer and family Advisory Committee and making conforming changes. Makes additional change to the geographical requirements for appointees.

    Repeals GS Chapter 90 Article 32, which concerns Employee Assistance Professionals.

    Provides that members of the State Consumer and Family Advisory Committee who were appointed by the Council of Community Programs shall serve out the remainder of their terms. As the current terms expire, each of the appointing authorities must take turns making an additional appointment to achieve conformity with GS 122C-171(b), as amended by this act.


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