DEPT. OF HEALTH & HUMAN SERVICES REVISIONS.

View NCGA Bill Details2021
House Bill 734 (Public) Filed Wednesday, April 28, 2021
AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO "LAWS PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; PROTECTING NORTH CAROLINA CITIZENS FROM THE UNLICENSED OPERATION OF MENTAL HEALTH FACILITIES OR PROGRAMS PROVIDING SERVICES REQUIRING A LICENSE UNDER ARTICLE 2 OF CHAPTER 122C OF THE GENERAL STATUTES; AND MODIFYING THE CONSUMER AND FAMILY ADVISORY COMMITTEES.
Intro. by Potts, Stevens.

Status: Ch. SL 2021-77 (Jul 2 2021)

SOG comments (2):

Long title change

Senate committee substitute to the 1st edition changed the long title. Original long title was AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO LAWS PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES.

 

Long title change

Senate amendment to the 2nd edition changed the long title. Previous long title was AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO LAWS PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND PROTECTING NORTH CAROLINA CITIZENS FROM THE UNLICENSED OPERATION OF MENTAL HEALTH FACILITIES OR PROGRAMS PROVIDING SERVICES REQUIRING A LICENSE UNDER ARTICLE 2 OF CHAPTER 122C OF THE GENERAL STATUTES.

Bill History:

H 734/S.L. 2021-77

Bill Summaries:

  • Summary date: Jul 2 2021 - More information

    AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO LAWS PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; PROTECTING NORTH CAROLINA CITIZENS FROM THE UNLICENSED OPERATION OF MENTAL HEALTH FACILITIES OR PROGRAMS PROVIDING SERVICES REQUIRING A LICENSE UNDER ARTICLE 2 OF CHAPTER 122C OF THE GENERAL STATUTES; AND MODIFYING THE CONSUMER AND FAMILY ADVISORY COMMITTEES. SL 2021-77. Enacted July 2, 2021. Section 7.2 is effective December 1, 2021, and applies to offenses committed on or after that date. Section 7.3 is effective January 1, 2022. Section 8 is effective July 1, 2022. Remainder is effective July 2, 2021.


  • Summary date: Jun 21 2021 - More information

    Senate amendment makes the following changes to the 2nd edition.

    Section 4

    Amends GS 122C-171 by making the following changes to the State Consumer and Family Advisory Committee (State CFAC). Expands upon the State CFAC's duties to also include advising the Department of Health of Human Services (DHHS) and NCGA on the planning and management of the State's traumatic brain injury services system in addition to intellectual and developmental disabilities (was, development disabilities only) and substance use disorder (was, substance abuse) services systems. Makes conforming changes to the qualifications of State CFAC members. Amends the required undertakings of the State CFAC, by making conforming changes and to now include: (1) review and comment on contract deliverables and the process and outcomes of prepaid health plans in meeting these contact deliverables (was, participate in all quality improvement measures and performance indicators) and (2) develop a collaborative and working relationship with the prepaid health plan member advisory committees to obtain input related to service delivery and system change issues (was, provide technical assistance to local CFACs in implementing their duties).  

    Section 7.1

    Deletes the content of proposed GS 122C-28.1 and replaces it with the following. Requires DHHS, when it has directed an unlicensed facility that is providing services that require a license to cease and desist from engaging in any act or practice in violation of Article 2 (Licensure of Facilities for the Mentally Ill, the Developmentally Disabled, and Substance Abusers) to conduct a follow-up visit to determine if the Secretary may issue a cease and desist order unless the order has already been issued. Requires the district attorney's office with jurisdiction over the facility to collect information on the total amount of fines collected under GS 122C-28 and report that information to DHHS.

    Further amends GS 122C-23(e1) by limiting the prohibition on revalidating applicants, who meet the specified criteria, as enrolled providers in the Medicaid or NC Health Choice programs to the period of time of the license revocation or suspension.

    Section 7.3

    Amends GS 122C-22 by no longer limiting the exclusion from licensure under Article 2 (Licensure of Facilities for the Mentally Ill, the Developmentally Disabled, and Substance Abusers) for physicians and psychologists engaged in private office practice to those who do not receive reimbursement under the Medicare program or the North Carolina Medicaid or the NC Health Choice program.

    Amends the database requirements to now require DHHS (was, the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services) to establish a database or expand upon an existing database that makes publicly available a searchable listing of all applicable facilities and programs with all of the listed information (was, makes publicly available the status of any ongoing investigations of reported operation of a program or facility in violation of Article 2). Amends the information that must be listed to: (1) include the dates and types of visits conducted by the Division of Health Services Regulation (was, by the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services); (2) add a description of the findings, including whether a complaint was substantiated or unsubstantiated, and identification of the violation cited if substantiated; (3) delete the amount of any fines imposed and the amount actually collected; and (4) include any action taken under GS 122C-28.1 by the Division of Health Services Regulation (was, by Division of Mental Health, Developmental Disabilities, and Substance Abuse Services or by a facility to comply with Article 2 of GS Chapter 122C). Requires DHHS (was, the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services) to coordinate with the Department of Insurance on the toll-free number or website and now limits its use to verifying the licensure status (was, operational and licensure status) of a facility providing mental health, behavioral health, and substance use disorder services.

    New Section 8.1 adds the following content. Amends GS 122C-170 to require area authorities only, rather than area authorities and county programs, to establish Consumer and Family Advisory Committees (CFAC) to advise on the planning and management of the local public mental health, intellectual and developmental disabilities, substance use disorder, and traumatic brain injury services system in the catchment area (was, the local public mental health, developmental disabilities, substance abuse services system in the catchment area). Makes conforming changes to the composition and responsibilities of the CFAC to reflect its modified purpose. Additionally, revises the duties of the CFAC to include reviewing, commenting on, and monitoring the implementation of the contract deliverables between area authorities and the Department of Health and Human Services (was, of the local business plan), and developing a collaborative and working relationship with the area authorities' member advisory committees to obtain input related to service delivery and system change issues (replacing the duty to participate in all quality improvement measures and performance indicators). Specifies that the CFAC must include statewide issues in its findings and recommendations submitted to the State CFAC regarding ways to improve the delivery of mental health, intellectual and developmental disabilities, substance use disorder, and traumatic brain injury services. Requires the director of the area authority to provide assistance to the CFAC that includes training to review and comment on contract deliverables (was, business plans).

    Makes conforming changes to the act's long title.


  • Summary date: Jun 9 2021 - More information

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

    Section 7

    Further amends GS 130A-248, updating the federal code with which variances granted by the Department of Health and Human Services from rules adopted under the statute regulating food and lodging establishments must comply, to the United States Food and Drug Administration Food Code 2017 (was 2019).

    Sections 7.1 through 7.4 add the following new content.

    Retitles Article 2, GS Chapter 122C, as "Licensure Facilities for Individuals With Mental Health Disorders, Developmental Disabilities, and Substance Use Disorders" (was Licensure of Facilities for Mentally Ill, the Developmentally Disabled, and Substance Abusers). Makes conforming changes throughout the Article.

    Makes clarifying and technical changes to GS 122C-21, which states the Article's purpose.

    Enacts GS 122C-28.1 to require the Department of Health and Human Services to conduct follow-up visits following the issuance of a cease and desist order to facilities providing services without a required license under Article 2, Licensure of Facilities for the Mentally Ill, the Developmentally Disabled, and Substance Abusers. Directs that the follow-up visits are to ensure (1) services requiring licensure are no longer available or conducted at the site; (2) an application for, or receipt of, required licensure has been submitted or obtained; (3) receipt of certification by a nationally recognized agency that allows the facility to be deemed licensed; or (4) the facility or program is no longer in operation. Requires DHHS to collect information on the total number of fines collected under GS 122C-28.

    Amends GS 122C-23(e1), which prohibits the DHHS Secretary from enrolling new providers for Medicaid Home or Community Based services or other Medicaid services or issue a license for a new facility or a new service to any applicant meeting four specified criteria. Now makes the prohibition applicable to enrollment of new providers in the NC Medicaid or NC Health Choice programs, revalidation as an enrolled provider in the Medicaid or NC Healthy Choice programs, or issuance of a license for a new facility or a new service which meets the four existing criteria. 

    Adds to the powers of the DHHS Secretary under GS 122C-27 the authority to issue orders directing facilities not licensed under Article 2 that are providing services requiring a license to cease and desist from engaging in any act or practice in violation of the Article's provisions. Makes technical changes. 

    Makes the above provisions apply to cease and desist letters sent by DHHS on or after the date the act becomes law, as applicable. 

    Amends GS 122C-28, making it a Class H felony, punishable by a fine of $1,000 per day, to operate a facility without a license (was a Class 3 misdemeanor punishable by a fine of up to $50 for the first offense, or up to $500 for subsequent offenses). Applies to offenses committed on or after December 1, 2021. 

    Makes the following changes effective January 1, 2022.

    Revises the individuals and entities excluded from Article 2 licensure requirements under GS 122C-22. Qualifies the exemption for physicians and psychologists engaged in private office practice by requiring that the individuals do not receive reimbursement under the Medicare program or the NC Medicaid or NC Health Choice programs. Makes a technical modification to the exemption for licensed general hospitals to require that they operate special units for patients with a mental health disorder diagnosis, one or more developmental disabilities, or a substance abuse disorder (was special units for the mentally ill, developmentally disabled, or substance abusers). Clarifies that the Commission on Public Health is authorized to adopt rules establishing a procedure whereby facilities that would otherwise require licensure under the Article (was licensable facilities) that are certified by a nationally recognized agency can be deemed licensed under the Article. Directs the DHHS Secretary to collaborate with relevant agencies to ensure that any facility deemed licensed maintain the required certification. 

    Directs the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division) to establish a database or expand upon an existing database that makes publicly available the status of any ongoing investigations of reported operation of a program or facility in violation of Article 2, including information on any penalties imposed and collected. Details database requirements.

    Directs the Division to coordinate with the Department of Insurance to establish a toll-free number or website for individuals, providers, or insurers to use in verifying the operational and licensure status of a facility providing mental health, behavioral health, and substance use disorder services. 

    Directs the Division to collaborate with community organizations for a public information campaign about the appropriate types of care for individuals with mental health disorders that includes information on the importance of receiving care from a licensed facility or program with medical personnel licensed by the Medical Board. 

    Section 8

    Makes the proposed changes to GS 130A-280, defining public swimming pool, for the purposes of Article 8 (sanitation) as including spas operated for display at temporary events, effective July 1, 2022 (was effective on the date the act becomes law).

    Section 9

    Makes conforming and technical changes to the act's effective date provisions, and changes the act's long title.


  • Summary date: Apr 29 2021 - More information

    Amends GS 122C-3, by amending the definition of developmental disability, as it is used in the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985, so that it is a severe, chronic disability attributable to mental or physical impairment or a combination of mental and physical impairments (was, attributable to one or more impairments); maintains the other required components to meet the definition.

    Amends GS 122C-23 to provide that decisions on the waiver of any of the rules on the licensure of facilities for the mentally ill, the developmentally disabled, and substance abusers may be appealed by filing a contested case under Article 3 of GS Chapter 150B.

    Amends GS 122C-112.1 to require the Secretary of Health and Human Services to adopt a copayment schedule for behavioral health services, intellectual and developmental disabilities services, and substance use disorder services based on the Medicaid copayments for those services (was, adopt rules for the implementation of a co-payment graduated schedule) to be used by LMEs and by contractual provider agencies. Makes conforming changes.

    Amends GS 122C-171 by amending the membership of the State Consumer and Family Advisory Committee as follows. Removes the appointment of three members by the Council of Community Programs. Increases by one the number appointed by the President Pro Tempore of the Senate and the number appointed by the Speaker of the House of Representatives; requires that two (was, one) of the members appointed by the President Pro Tempore be from the western region of the state and that two (was, one) of the members appointed by the Speaker of the House be from the central region of the state. Increases by one the number of members appointed by the NC Association of County Commissioners and requires that two (was, one) of those members be from the eastern region of the state.

    Amends GS 122C-255 by adding to the items that must be included in the report from each 24-hour facility that (1) falls under the category of nonhospital medical detoxification, facility-based crisis service, or inpatient hospital treatment; (2) is not a State facility under the  jurisdiction of the Secretary of Health and Human Services; and (3) is designated by the Secretary of Health and Human Services as a facility for the custody and treatment of individuals under a petition of involuntary commitment. Requires the report to also include: (1) the transportation method used by individuals admitted under a petition of involuntary commitment to the 24-hour facility and (2) the number of individuals moved to voluntary status at any time between arrival at the 24-hour facility and completion of the required 24-hour examination. 

    Amends GS 122-263 and GS 122C-283 (concerning the first exam) to allow the use of telehealth (was, telemedicine) in the exams that are required before involuntary commitment. Defines telehealth as the use of two-way, real-time interactive audio and video where the respondent and commitment examiner can hear and see each other. Amends GS 122-266 and GS 122C-285 by adding that the second examination of a respondent to determine whether the respondent will be involuntarily committed due to mental illness may be conducted either in the physical face-to-face presence of a physician or using telehealth equipment and procedures, if the physician who examines the respondent by telehealth is satisfied to a reasonable medical certainty that the determinations made in accordance with the statute would not be different if the exam had been done in the physician's physical presence. When an examining physician is not so satisfied, the physician must note that the exam was not satisfactorily accomplished, and the respondent must be taken for a face-to-face exam.

    Amends GS 130A-248 by correcting an internal cross-reference and making a technical change.

    Amends GS 130A-280 by defining public swimming pool, for the purposes of Article 8 (sanitation) as including spas operated for display at temporary events.


  • Summary date: Apr 28 2021 - More information

    To be summarized.


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