AN ACT ADDRESSING PERMISSIBLE GUARDIANSHIP ROLES FOR CORPORATIONS AND INDIVIDUALS THAT PROVIDE MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, OR SUBSTANCE ABUSE SERVICES. Enacted July 10, 2013. Effective July 10, 2013.
GUARDIANSHIP ROLES OF MHDDSA PROVIDERS (NEW).
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View NCGA Bill Details(link is external) | 2013-2014 Session |
A BILL TO BE ENTITLED AN ACT ADDRESSING PERMISSIBLE GUARDIANSHIP ROLES FOR CORPORATIONS AND INDIVIDUALS THAT PROVIDE MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, OR SUBSTANCE ABUSE SERVICES.Intro. by Jones, Avila, Glazier, Turner.
Bill History:
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Wed, 3 Apr 2013 House: Filed(link is external)
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Thu, 4 Apr 2013 House: Passed 1st Reading(link is external)
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Thu, 4 Apr 2013 House: Ref To Com On Judiciary Subcommittee A(link is external)
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Wed, 17 Apr 2013 House: Reptd Fav(link is external)
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Wed, 17 Apr 2013 House: Re-ref Com On Health and Human Services(link is external)
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Wed, 24 Apr 2013 House: Reptd Fav Com Substitute(link is external)
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Wed, 24 Apr 2013 House: Cal Pursuant Rule 36(b)(link is external)
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Wed, 24 Apr 2013 House: Placed On Cal For 04/25/2013(link is external)
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Thu, 25 Apr 2013 House: Passed 2nd Reading(link is external)
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Thu, 25 Apr 2013 House: Passed 3rd Reading(link is external)
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Mon, 29 Apr 2013 Senate: Rec From House(link is external)
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Mon, 29 Apr 2013 Senate: Passed 1st Reading(link is external)
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Wed, 5 Jun 2013 Senate: Reptd Fav Com Substitute(link is external)
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Wed, 5 Jun 2013 Senate: Com Substitute Adopted(link is external)
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Wed, 5 Jun 2013 Senate: Re-ref Com On Judiciary I(link is external)
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Thu, 13 Jun 2013 Senate: Reptd Fav(link is external)
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Mon, 17 Jun 2013 Senate: Passed 2nd Reading(link is external)
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Mon, 17 Jun 2013 Senate: Passed 3rd Reading(link is external)
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Tue, 18 Jun 2013 House: Rec From Senate(link is external)
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Tue, 18 Jun 2013 House: Rec To Concur S Com Sub(link is external)
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Wed, 19 Jun 2013 House: Added to Calendar(link is external)
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Wed, 19 Jun 2013 House: Failed Concur In S Com Sub(link is external)
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Wed, 19 Jun 2013 House: Conf Com Appointed(link is external)
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Tue, 25 Jun 2013 Senate: Conf Com Appointed(link is external)
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Wed, 26 Jun 2013 Senate: Conf Com Reported(link is external)
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Wed, 26 Jun 2013 Senate: Placed On Cal For 06/27/2013(link is external)
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Wed, 26 Jun 2013 House: Conf Com Reported(link is external)
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Wed, 26 Jun 2013 House: Placed On Cal For 06/27/2013(link is external)
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Thu, 27 Jun 2013 Senate: Withdrawn From Cal(link is external)
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Thu, 27 Jun 2013 Senate: Held in Senate Clerk's Office(link is external)
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Thu, 27 Jun 2013 House: Conf Rpt Withdrawn(link is external)
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Thu, 27 Jun 2013 House: Reconsidered Concurrence(link is external)
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Thu, 27 Jun 2013 House: Concurred In S/Com Sub(link is external)
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Thu, 27 Jun 2013 House: Ordered Enrolled(link is external)
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Mon, 1 Jul 2013 Ratified(link is external)
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Mon, 1 Jul 2013 Pres. To Gov. 7/1/2013(link is external)
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Wed, 10 Jul 2013 Signed by Gov. 7/10/2013(link is external)
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Wed, 10 Jul 2013 Ch. SL 2013-258(link is external)
Bill Summaries:
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Summary date: Jul 11 2013 - View Summary
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Bill H 543 (2013-2014)Summary date: Jun 26 2013 - View Summary
Conference report makes the following changes to the 3rd edition.
Amends GS 35A-1213(f) to allow an individual contracting with or employed by an entity contracting with a LME for mental health, developmental disabilities, and substance abuse services to serve as a guardian for a ward for whom the services are provided if the person is a member of the ward's immediate family and under contract with an LME for the delivery of services and was serving as a guardian on January 1, 2013 (was, a member of the ward's immediate family, a licensed family foster care provider, or a licensed therapeutic foster care provider under contract for the delivery of services and serving as a guardian as of January 1, 2013).
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Bill H 543 (2013-2014)Summary date: Jun 5 2013 - View Summary
Senate committee substitute to the 2nd edition makes the following changes. Amends GS 35A-1213(c) to prohibit appointing a corporation as guardian for an individual to whom it provides mental health, developmental disabilities, or substance abuse services for compensation as part of a contractual or other arrangement with a local management entity.
Amends GS 35A-1213(f) to add a licensed therapeutic foster care provider to those that may serve as a guardian for a ward for whom the entity is providing services, where the provider is under contract with a local management entity for the delivery of mental health, developmental disabilities, and substance abuse services and is serving as a guardian as of January 1, 2013. Makes organizational and clarifying changes to the statute.
Amends the act's short and long titles.
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Bill H 543 (2013-2014)Summary date: Apr 24 2013 - View Summary
House committee substitute to the 1st edition makes the following changes. Amends GS 35A-1213(f) to provide that an individual who contracts with or is employed by an entity that contracts with an LME for the delivery of mental health, developmental disabilities, and substance abuse services may not serve as a guardian for a ward for whom the individual or entity is providing these services unless one of three conditions is met, including the individual is not biologically related to the ward, and was serving on March 1, 2013 as a guardian without compensation (was, not biologically related to the ward and appointed by the court and serving as a guardian without compensation).
Adds the requirement that the Joint Legislative Oversight Committee on Health and Human Services appoint a subcommittee to examine the impact of the 1915(b)/(c) Medicaid waiver and other mental health system reforms on public guardianship services and report to the Committee on or before May 9, 2014, at which time the subcommittee terminates.
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Bill H 543 (2013-2014)Summary date: Apr 3 2013 - View Summary
As the title indicates.
The Senate committee substitute to the 2nd edition changes the act's titles. The original long title was: A BILL TO BE ENTITLED AN ACT ALLOWING PROVIDERS OF MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, OR SUBSTANCE ABUSE SERVICES TO SERVE AS UNCOMPENSATED, COURT-APPOINTED GUARDIANS TO UNRELATED CLIENTS.