LICENSING & HHS AMENDS & RURAL HEALTH STABLE. (NEW)

View NCGA Bill Details2019-2020 Session
Senate Bill 537 (Public) Filed Tuesday, April 2, 2019
AN ACT TO EXAMINE AND ESTABLISH A NEW ADULT CARE HOME PAYMENT METHODOLOGY; TO AMEND THE LICENSED PROFESSIONAL COUNSELORS ACT; TO UPDATE AND REVISE THE SUBSTANCE ABUSE PROFESSIONAL PRACTICE ACT; TO AMEND THE SOCIAL WORKER CERTIFICATION AND LICENSURE ACT; TO AMEND DEPARTMENT OF HEALTH AND HUMAN SERVICES' STATUTES PERTAINING TO MEDICAID, SOCIAL SERVICES REFORM, CHILD SUPPORT, VOCATIONAL REHABILITATION, EMPLOYEE ASSISTANCE PROFESSIONALS, ADOPTIONS, CHILD ABUSE AND NEGLECT, JOINT SECURITY FORCES, SECURITY RECORDINGS, NC REACH PROGRAM, TRAUMATIC BRAIN INJURY, AND THE MEDICAL CARE COMMISSION MEMBERSHIP; TO POSTPONE DEPLOYMENT OF NC FAST CASE-MANAGEMENT FUNCTIONALITY FOR CHILD WELFARE SYSTEM/AGING AND ADULT SERVICES' PROGRAM, DEVELOP REQUESTS FOR INFORMATION, AND REQUIRE PROGRAM EVALUATION DIVISION TO STUDY THE ISSUE; TO IMPLEMENT CRIMINAL HISTORY RECORD CHECKS FOR CHILD CARE INSTITUTIONS; TO MAKE CHANGES TO INVOLUNTARY COMMITMENT; AND TO ESTABLISH THE RURAL HEALTH CARE STABILIZATION PROGRAM.
Intro. by Hise, Krawiec, Bishop.

Status: Ch. SL 2019-240 (Nov 6 2019)

SOG comments (3):

Identical bill

Identical to H 729, filed 4/11/19.

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO EXAMINE AND ESTABLISH A NEW PAYMENT METHODOLOGY FOR ADULT CARE HOMES PROVIDING CARE TO NORTH CAROLINA MEDICAID BENEFICIARIES THAT PROMOTES HEALTH AS WELL AS FAIR AND REASONABLE COMPENSATION FOR THE SERVICES PROVIDED.

Long title change

Conference report changed the long title.  Previous title was AN ACT TO EXAMINE AND ESTABLISH A NEW ADULT CARE HOME PAYMENT METHODOLOGY; TO AMEND THE LICENSED PROFESSIONAL COUNSELORS ACT, TO UPDATE AND REVISE THE SUBSTANCE ABUSE PROFESSIONAL PRACTICE ACT, AND TO AMEND THE SOCIAL WORKER CERTIFICATION AND LICENSURE ACT; AND TO AMEND DEPARTMENT OF HEALTH AND HUMAN SERVICES' STATUES PERTAINING TO MEDICAID, SOCIAL SERVICES REFORM, CHILD SUPPORT, VOCATIONAL REHABILITATION, THE STATE CONSUMER AND FAMILY ADVISORY COMMITTEE, EMPLOYEE ASSISTANCE PROFESSIONALS, ADOPTIONS, CHILD ABUSE AND NEGLECT, JOINT SECURITY FORCES, SECURITY RECORDINGS, NC REACH PROGRAM, TRAUMATIC BRAIN INJURY, AND THE MEDICAL CARE COMMISSION MEMBERSHIP.

Bill History:

S 537/S.L. 2019-240

Bill Summaries:

  • Summary date: Nov 13 2019 - More information

    AN ACT TO EXAMINE AND ESTABLISH A NEW ADULT CARE HOME PAYMENT METHODOLOGY; TO AMEND THE LICENSED PROFESSIONAL COUNSELORS ACT; TO UPDATE AND REVISE THE SUBSTANCE ABUSE PROFESSIONAL PRACTICE ACT; TO AMEND THE SOCIAL WORKER CERTIFICATION AND LICENSURE ACT; TO AMEND DEPARTMENT OF HEALTH AND HUMAN SERVICES' STATUTES PERTAINING TO MEDICAID, SOCIAL SERVICES REFORM, CHILD SUPPORT, VOCATIONAL REHABILITATION, EMPLOYEE ASSISTANCE PROFESSIONALS, ADOPTIONS, CHILD ABUSE AND NEGLECT, JOINT SECURITY FORCES, SECURITY RECORDINGS, NC REACH PROGRAM, TRAUMATIC BRAIN INJURY, AND THE MEDICAL CARE COMMISSION MEMBERSHIP; TO POSTPONE DEPLOYMENT OF NC FAST CASE-MANAGEMENT FUNCTIONALITY FOR CHILD WELFARE SYSTEM/AGING AND ADULT SERVICES' PROGRAM, DEVELOP REQUESTS FOR INFORMATION, AND REQUIRE PROGRAM EVALUATION DIVISION TO STUDY THE ISSUE; TO IMPLEMENT CRIMINAL HISTORY RECORD CHECKS FOR CHILD CARE INSTITUTIONS; TO MAKE CHANGES TO INVOLUNTARY COMMITMENT; AND TO ESTABLISH THE RURAL HEALTH CARE STABILIZATION PROGRAM. SL 2019-240. Enacted November 6, 2019. Effective November 6, 2019, except as otherwise provided.


  • Summary date: Oct 30 2019 - More information

    Conference report makes the following changes to the 3rd edition.

    Part II-A.

    Amends proposed GS 90-337(b) to remove the qualification of other states which the Board of Licensed Clinical Mental Health Counselors may enter into reciprocity agreements with that required other states to have requirements for licensure as a clinical mental health counselor that are substantially similar or that exceed requirements established under Article 24 of GS Chapter 90, as amended, Licensed Clinical Mental Health Counselors Act.

    Part II-C.

    Amends the effective date of Section 4, which amends the definitions provisions set out in GS 90-113.31A under Article 5C, NC Substance Abuse Professionals Practice Act. Changes the effective date from October 1, 2019, to January 1, 2020.

    Part II-D.

    Amends proposed GS 90-113.32(c2), adding two more members appointed by the Governor to the NC Addictions Specialist Profession Practice Board (Board). Requires these members to be licensed or certified under Article 5C. Requires the Governor to consider the ethnicity and gender of the Board's members in order to reflect the composition of the State's composition, and consider the experience and knowledge of the drug and alcohol recovery community when selecting members to serve on the Board. Reduces the members appointed to the Board by the General Assembly by two. Makes conforming changes to proposed GS 90-113.32(e1) concerning initial terms of Board members.

    Part II-E.

    Amends the proposed changes to GS 90-113.40(a)(6), concerning substance abuse counselor certification and substance abuse prevention consultant certification, and (d1)(1), concerning criminal justice addictions professional certification, to maintain the existing education and/or training hours required of each. Changes the effective date of the Part's provisions from October 1, 2019, to January 1, 2020, and no longer includes a scope provision.

    Part II-F.

    Eliminates the previous provisions of the Part, which enacted GS 90-113.48, establishing the NC Impaired Professionals Program.

    Instead, amends GS 90-113.33 to require the North Carolina Substance Abuse Professional Practice Board (Board) to establish a program for licensees who may be experiencing substance abuse disorders, burnout, compassion fatigue, and other mental health concerns. Allows the Board to enter into agreements with existing professional health care programs, and to refer licensees to the program as part of the disciplinary process. Authorizes the Board to adopt rules to implement the program. Effective January 1, 2020.

    Part II-G.

    Changes the effective date of the proposed changes to Article 5C, NC Addictions Specialist Professional Practice Act, as amended, of GS Chapter 90. Now provides that the provisions apply to licenses granted or renewed on or after January 1, 2020 (was, October 1, 2019).

    Part II-I.

    Amends the proposed changes to GS 90B-7(e), concerning qualifications for a certificate for a certified social work manager, to require a bachelor's degree rather than a masters or doctoral degree in social work. Makes conforming clarifications to reflect requirements for program accreditation or admission to candidacy for accreditation by the Council on Social Work Education for undergraduate curricula.

    Removes the provision limiting the qualifications for the certificate of Certified Social Work Manager, as amended, to applications for certification received by the NC Social Work Certification and Licensure Board on or after January 1, 2021.

    Part III-E.

    Eliminates the provisions of previous Part III-E, which contained proposed changes to GS 122C-71 and related directives regarding the State Consumer and Family Advisory Committee.

    Part III-G.

    Makes technical changes to GS 48-3-303, regarding preplacement assessments.

    Adds the following new provisions.

    Part III-N.

    Directs the Department of Health and Human Services (DHHS), Division of Social Services (Division), to postpone deployment of the NC FAST system to the extent it relates to case-management functionality for the child welfare system and aging and adult services programs. Prohibits the Division from deploying the child welfare case-management component of NCFAST statewide prior to July 1, 2020. Permits the Division to continue the development and improvement of case-management functionality for the child welfare component of NC FAST only in the counties that participated in the initial pilot program prior to January 1, 2019. Authorizes counties that were phased into the NC FAST Child Welfare System after January 1, 2019, to elect to utilize the Intake and Assessment functionality of the NCFAST system.

    Directs the Division to move forward with developing and issuing requests for information to consider a vehicle for improving or replacing the child welfare case-management component of NC FAST. Requires legislative approval prior to issuing any contracts. Requires the Division to consult with the Executive Committee of the NC Association of County Directors of Social Services. Requires the Division to report to the specified NCGA committee chairs by May 1, 2020.

    Directs the Joint Legislative Program Evaluation Oversight Committee to revise the 2019-20 work plan for PED to include a study of the case management functionality of the child welfare component of NC FAST. Directs PED to submit its evaluation to the specified NCGA committees by May 1, 2020.

    Part III-O

    Enacts GS 108A-133 to require an offer of employment by a child care institution, or by a contract agency of a child care institution, as well as acceptance of a volunteer in a child care institution, to be conditioned on consent to a state and national criminal history record check of the applicant. Prohibits employing or accepting to volunteer an individual who refuses to consent to a criminal history check, including a check of the applicant's fingerprints. Details procedures of the check, with the Department of Public Safety to conduct the check and return the results to DHHS, Criminal Records Check Unit (Unit). Provides that a check that reveals a conviction of a relevant offense, as defined, is not an automatic bar to employment. Requires the Unit to consider seven enumerated factors in determining whether to recommend the applicant to be hired or the individual be allowed to volunteer, and inform the child care institution or a contract agency whether an applicant should be hired or an individual should be allowed to volunteer. Prohibits DHHS from providing the results of the check to the child care institution or a contract agency of a child care institution. Makes it a Class A1 misdemeanor for any applicant to willfully give false information on an employment application that is the basis for a criminal history check under the statute. Allows for conditional employment pending the results of the criminal history check so long as the applicant or individual wishing to volunteer has consented to the check or completed fingerprint cards and the child care institution submits the record request within five days after the individual begins conditional employment. Requires child care institutions to make available upon request verification that the check was completed on all staff and volunteers. Grants limited civil liability to the Unit, child care institutions, contract agencies, and their officers or employees acting in good faith and in compliance with the statute who deny employment to an applicant or the opportunity to volunteer based on information provided in the criminal history record check. Additionally, provides civil immunity for child care institutions and contract agencies, and their officers and employees, who fail to check an applicant, employee, or volunteer's criminal history if the record check was requested and received in compliance with the statute. 

    Makes conforming changes to GS 131D-10.6, regarding powers and duties of the Department of Health and Human Services, to require the Department to make licensing actions in accordance with new GS 108A-133.

    Enacts GS 143B-968 to require DPS to provide DHHS, Criminal Records Check Unit, the criminal history of any current or prospective employee or volunteer in a child care institution, including those working with a contract agency. Sets forth the requirements and procedure for conducting the checks. Deems all information received by the Criminal Records Check Unit confidential and kept pursuant to GS 108A-133. Authorizes DPS to charge a fee to conduct the checks. 

    Part IV.

    Amends GS 122C-3 to amend the definition for legally responsible person. Qualifies the definition applicable to adults who have been adjudicated incompetent, a guardian, as subject to the limitations of specified state law. Applicable to an adult who has a health care power of attorney and who is incapable, defines the term as a health care agent named pursuant to a valid health care power of attorney (HCPOA) unless the adult is adjudicated incompetent following the execution of the HCPOA and the health care agent's authority is suspended pursuant to state law (previously, applicable to an adult who is incapable and who has not been adjudicated incompetent; did not provide for suspension of the HCPOA).

    Amends GS 122C-4 to remove the qualification that an adult have not been adjudicated incompetent as it applies to the phrase client or the legally responsible person in GS Chapter 122C, wherein a client who is an incapable adult must have his or her duties or rights involved exercised by a health care agent named by a valid HCPOA.

    Makes technical changes to GS 122C-55's information sharing provisions in subsections (a2) and (a3).

    Makes technical changes to GS 122C-77, concerning the statutory form for advance instruction for mental health treatment. Modifies the form to prohibit the form from providing consent to retain the individual in a facility for more than 15 days (was, 10 days).

    Enacts GS 122C-216 to provide for the legally responsible person for an incapable adult in need of treatment that has no HCPOA or advance instruction for mental health treatment that addresses the needed treatment, to include an appointed agent, spouse, a majority of the patient's reasonably available parents and adult children, a majority of the patient's reasonably available adult siblings, or an individual who has established a relationship with the patient. Restricts authority to admit an incapable adult to a 24-hour facility where the adult will be subject to the same or similar restrictions on freedom of movement present in the State facilities for the mentally ill to an agent appointed by the patient, subject to authority granted.

    Makes technical corrections to GS 122C-251(h), regarding the cost and expenses of custody and transportation of a respondent required by involuntary commitment placed on the county of residence.

    Amends GS 122C-261(d)(8), concerning immunity for sites of first examination and their responsible individuals, to include civil and criminal immunity for taking measures to temporarily detain an individual for the period of time necessary to complete a commitment examination, submit an affidavit to the magistrate or clerk of court, and await issuance of a custody order, as authorized (was, immunity for taking measures prior to the inpatient admission of the individual to a 24-hour facility).

    Makes technical corrections to GS 122C-263.1, regarding certification of examiners to perform first examinations. 

    Amends GS 122C-294 to refer to local area crisis services plans (rather than the local plan). Requires submission of plans beginning October 1, 2019, but no later than August 1, 2020 (previously, required submission on or before October 1, 2019). Makes conforming changes.

    Repeals Section 44 of SL 2018-33, which required every LME/MCO to submit a copy of its current community crisis service plan to DHHS.

    Part V.

    Designates GS 131A-1 through GS 131A-25 as Article 1 of GS Chapter 135, the Health Care Facility Finances Act. Directs the Revisor of Statutes to make necessary changes to statutory cross-references. Makes conforming changes to GS 113A-12 (environmental document exemption) and GS 142-15.16 (defining State-supported financing arrangement). 

    Enacts new Article 2, Rural Health Care Stabilization Program, to GS Chapter 131A. Sets forth nine defined terms. Establishes the Rural Health Care Stabilization Program (Program) to provide loans for the support of eligible hospitals located in rural areas that are in financial crisis due to operation of oversized and outdated facilities and recent changes to the viability of health care delivery in their communities, with loans to be used to finance construction of new health care facilities or to provide for operational costs during the transition period, or both, including while the construction of new facilities is undertaken. Requires UNC Health Care to administer the Program. Sets out specific UNC Health Care responsibilities, including assessing Plans submitted by loan applicants, evaluating the applicant's ability to repay the loan under the proposed Plan, determining the security interests necessary to enforce repayment, and implementing approved loan agreements. Excludes UNC Health Care from applying for a loan or being a partner in a partnership that applies for a loan under the Program. Specifies that the Local Government Commission (Commission) cannot approve a loan application if the issuance of the loan would result in a material, direct benefit to UNC Health Care at the time the application and Plan are submitted for approval. Grants UNC Health care rulemaking authority necessary for the Program's implementation.

    Establishes the Rural Health Care Stabilization Fund (Fund) as a nonreverting special fund in the Office of State Budget and Management. Directs that the Fund operate as a revolving fund under the custody of the State Treasurer, with funds restricted to use pursuant to the Article. The Fund consists of funds appropriated to or received by the Program and funds received as repayment of the principal of or interest on Fund loans.

    Sets out the loan application process. Deems a public agency, an owner of a health care facility, or a partnership of one or more of those entities eligible to apply for a loan under the Program. Requires applicants to develop and submit a hospital stabilization plan for an eligible hospital to UNC Health Care during the application period, as established by UNC Health Care. Requires UNC Health Care to evaluate each Plan submitted to determine whether the applicant's Plan demonstrates a financially sustainable health care service model for the community in which the eligible hospital is located. Also allows UNC Health Care to assist an applicant with revisions to its Plan. Requires UNC Health Care to notify the applicant and the Commission of its recommendation on whether to approve or disapprove a loan application. Allows UNC Health Care to assign priority in the event of more than one application during the application period. Allows, when a loan application is disapproved, for an applicant to engage a disinterested and qualified third party approved by the Commission to evaluate the applicant's Plan to determine if the applicant demonstrates the required financial sustainability, and permits the applicant to seek Commission approval of the loan based on the third party's written evaluation of the Plan.

    Requires the Commission to approve all loans under the Program prior to UNC Health Care's awarding the loan. Explicitly states that if the Commission enters an order denying the loan, the proceedings under new Article 2 are at an end. Requires UNC Health Care to disclose to the Commission any potential conflict of interest in its review of an application and Plan. Prohibits the Commission from approving an eligible applicant if the issuance of a loan would result in a material, direct financial benefit to UNC Health Care at the time the application and Plan are submitted to the Commission for its approval. Requires the Commission to review UNC Health Care's recommendations, an applicant's Plan and any other relevant information, as well as the third party evaluation, if applicable. Sets forth additional information the Commission can require the applicant and eligible hospital (if different) to provide for consideration. Establishes the following four findings that must be satisfied for the Commission to approve a loan application: (1) that the loan is necessary or expedient; (2) that the amount proposed is adequate and not excessive for the proposed purpose of the loan; (3) that the Plan demonstrates a financially sustainable health care service model for the community in which the eligible hospital is located; and (4) that the applicant's debt management procedures and policies are good, or that reasonable assurances have been given that the debt will be repaid.

    Requires UNC Health Care to execute the terms of the loan agreement upon approval of the loan by the Commission. Authorizes UNC Health Care to require changes to the governance structure of the eligible hospital. Limits the loan interest rate at the interest rate obtained by the State in its most recent general obligation bond offering, and sets the maximum maturity at 20 years. Requires execution of a debt instrument to evidence the obligation. Requires UNC Health Care to annually publish a report on the Fund by November 1 to cover the preceding year. Requires the report to be publicly available as well as a copy submitted to the specified NCGA committee and division. Details required content of the report, including the Fund balance at the beginning and end of the fiscal year, the amount of revenue and its source credited to the Fund during the fiscal year, the total amount of loans awarded from the Fund, and specified information regarding each loan awarded.

    Amends GS 116-37 to require General Fund appropriations for the Program to be deposited in the Fund, with use restricted to the purposes set forth in new Article 2 of GS Chapter 131A. Requires the UNC Health Care System to administer the Program pursuant to new Article 2 in order to further its mission.

    Changes the act's titles.


  • Summary date: Aug 5 2019 - More information

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

    Part II-D.

    Makes technical changes to the lead-in language of proposed GS 90-113.32(e1) and (f1), concerning the NC Addictions Specialist Professional Practice Board.

    Part III-L.

    Makes technical changes to the proposed changes to GS 122C-3, defining developmental disability


  • Summary date: Jul 30 2019 - More information

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

    Eliminates the act's whereas clauses and establishes organizational Parts. 

    Part I.

    Modifies the directive for the Department of Health and Human Services (DHHS) to establish and convene a workgroup, now requiring the workgroup to evaluate reimbursement options for services provided by adult care homes that take into account all funding streams to develop a new service definition, or definitions, under Medicaid managed care for these services (was, to evaluate reimbursement options under managed care for adult care homes that takes into account all funding streams and to develop a service definition or definitions under managed care to accomplish the General Assembly's intent to provide stable and reliable funding to adult care homes in order to ensure access, choice, and quality of care). Extends the reporting deadline, now requiring DHHS to submit a report no later than December 1, 2020 (was, October 1, 2020) to the specified NCGA committee and division the new service definition developed by the workgroup. Now prohibits, rather than directs, DHHS from submitting to the Centers for Medicare and Medicaid Services any amendments to the NC Medicaid State Plan necessary to implement the new definition after submitting its report and requires NCGA approval before doing so. Makes further conforming, technical, and clarifying changes. Adds that if HB 966 (2019 Appropriations Act) of the 2019 Regular Session becomes law, Section 9D.12B of that act, which contains identical provisions, is repealed.

    Adds the following provisions.

    Parts II-A and II-B.

    Amends Article 24, GS Chapter 90, to change the terminology used to now reference "clinical mental health counselors" rather than "professional counselors" throughout the statute.

    Renames the NC Board of Licensed Professional Counselors as the NC Board of Licensed Clinical Mental Health Counselors (Board). Amends GS 90-334 to require the Board to establish a program for licensees who may be experiencing substance use disorders, burnout, compassion fatigue, and other mental health concerns. Authorizes the Board to enter into agreements with existing professional health care programs, and to refer any licensee to the program as part of the disciplinary process. Further authorizes the Board to adopt rules to implement the program.

    Amends GS 90-337 to authorize the Board to enter into reciprocity agreements with another state that has requirements for licensure as a clinical mental health counselor that are substantially similar to or that exceed requirements established by Article 24.

    Makes conforming repeal of GS 90-338.

    Makes further technical and conforming changes to specified statutes in GS Chapters 8, 48, 55B, 58, 90, 122C, and 143B.

    Authorizes the Codifier of Rules to make any conforming rule changes necessary.

    Effective January 1, 2020.

    Part II-C.

    Amends GS 90-113.31A to amend the definition of independent study and to define traditional classroom-based study. Effective October 1, 2019.

    Part II-D.

    Amends GS 90-113.32 to make the North Carolina Addictions Specialist Professional Practice Board (Board), instead of the North Carolina Substance Abuse Professional Practice Board, the authority to credential substance use disorder professionals in North Carolina. 

    Repeals GS 90-113.32(c), which set out the membership of the North Carolina Substance Abuse Professional Practice Board. Instead, adds new (c2), which sets out the membership of the new nine-member Board. Refers to the Board chair instead of the President, who may vote only in the case of a tie or when another member abstains on the question of whether the professional discipline the members represent must retain its deemed status. Repeals (d), which allowed for the appointment of five professionals from the field of substance abuse counseling and substance abuse prevention consulting to serve on the Nominating and Elections Committee. Sets Board member terms at three years. Sets out provisions creating staggered terms, and provides for the filling of vacancies. Sets out provisions governing member reimbursements, election of Board officers, officer terms, and chair terms. 

    Effective July 1, 2020.

    Part II-E.

    Amends GS 90-113.40 to raise the number of required hours of Board-approved education for certification as a certified substance-use disorder counselor (was, substance abuse counselor) or as a certified criminal justice addictions professional from 270 to 300 hours. Applies to applications for licenses submitted on or after October 1, 2019.

    Part II-F.

    Enacts new GS 90-113.48 (program for impaired substance use disorder professionals). Creates the North Carolina Impaired Professionals Program (Program). Authorizes the Board to provide funds for the Program, which will operate independent of the Board to provide screening, referral, monitoring, educational, and support services for professionals credentialed pursuant to GS Chapter 90, Article 5C (North Carolina Substance Abuse Professionals Certification Act), for treatment and rehabilitation of an impairment attributed to physical or mental illness, substance use disorder, or professional sexual misconduct. Authorizes the Program to enter into an agreement with credentialed substance use disorder professionals for the purpose of identifying, reviewing, and evaluating referred or self-referred substance abuse professionals to function in their professional capacity and coordinate regimens for treatment and rehabilitation. Provides requirements for such an agreement. Directs the Program to immediately report to the Board information about credentialed substance-abuse professionals who meet any of four listed criteria, including constituting an immediate danger to patient care. Provides that materials in the possession of the Program or its staff, employees, legal counsel, and volunteers, related to a member's participation or prospective participation in the Program are not public records. Authorizes persons participating in good faith in the Program to withhold that fact in a civil action or proceeding. Provides that activities in good faith under an agreement authorized by this statute are not grounds for civil action. Provides for written assessments by the Program, and to the extent permitted by law any written assessment created by a treatment provider or facility at the recommendation of the Program to be provided to certified substance abuse professionals and their legal counsel at the request of the professional, and provides that the information is inadmissible as evidence in any civil action or proceeding. Directs the Board to adopt rules to apply to the operation of the Program, with eight listed requirements for the rules.

    Effective October 1, 2019.

    Part II-G.

    Amends Article 5C of Chapter 90 as follows. Changes the name of the Article to the North Carolina Substance Use Disorder Professional Practice Act. Makes changes throughout the Article to refer to substance use disorder instead of substance abuse. Changes the term "certified substance abuse counselor" to "certified alcohol and drug counselor," "substance abuse counselor intern" to "alcohol and drug counselor intern," and "substance abuse professional" to "substance use disorder professional."

    Removes the provision allowing for the issuance of a Substance Abuse Residential Facility Director. Makes conforming deletions. 

    Makes additional conforming and technical changes.

    Effective October 1, 2019.

    Part II-H.

    Discontinues the certified substance abuse residential facility director credential, and directs the North Carolina Substance Abuse Professional Practice Board (Board) to no longer issue or renew that credential to any person.

    Repeals GS 90-113.31A(8) (defining certified substance abuse residential facility director). Makes conforming changes to GS 113.31A(26), GS 113.31B(5), GS 90-113.38(a), GS 90-113.42(d), and GS 90-113.43(a). Effective upon the expiration of the last certified substance abuse residential facility director credential issued prior to the effective date of this act. Directs the Board to notify the Revisor of Statutes when that occurs.

    Part II-I.

    Amends GS 90B-3, which sets out the definitions for GS Chapter 90B, Social Worker Certification and Licensure Act, by adding and defining the terms applicant and supervision. Defines social work continuing education as training that, in accordance with the requirements established by the Board, (1) fosters the enhancement of generalized or specialized social work practice, values, skills, or knowledge and (2) includes an element addressing how the knowledge and skills may be applied to the practice of social work. Amends the definition of social worker to add a person who has earned a bachelors, masters, or doctoral degree in social work from a social work program accredited by or in candidacy for accreditation by the Council on Social Work Education.  

    Amends GS 90B-4 as follows. Adds that a person who resides and practices social work in this state while credentialed in another must clearly amend reference to his or her credential to identify the state or jurisdiction where the credential is held. Adds that a person who resides and practices clinical social work in this state for not more than five days in a calendar year while credentialed in another must clearly amend reference to his or her credential to identify the state or jurisdiction where the credential is held. 

    Amends GS 90B-5 by amending the required qualifications for members of the North Carolina Social Work Certification and Licensure Board (Board). 

    Amends GS 90B-6 by amending the Board's powers to give the Board the power to adopt supervision standards. Extends the period of time that a licensed social worker is required to maintain records from three years to the longer of: (1) ten years from the date the social worker terminates service to the client and the client services record is closed or (2) the record retention period mandated by a third-party payee. Makes additional clarifying changes. 

    Amends GS 90B-7 by amending the qualifications for issuance of a certificate as a certified social worker, certified master social worker, or a certified social work manager, or a license as a licensed clinical social worker to require that the applicant have the specified type of degree in social work from a college or university social work program approved, accredited, or admitted to candidacy for accreditation by the Council on Social Work Education and that the applicant have passed the Board-approved qualifying exam (retains the additional work experience requirements for licensed clinical social workers and certified social work managers). Allows issuance of an associate license in clinical social work to a person with a masters or doctoral degree in social work from a college or university with a social work program approved, accredited, or in candidacy for accreditation by the Council on Social Work Education and who desires to be licensed as a licensed clinical social worker. Removes requirement for passing the exam within two years for renewal of the associate license. Allows associate licensees who do not satisfy all requirements for licensed clinical social worker licensure within six years from the date of licensure issuance to apply for a new associate license, but requires passing the qualifying exam before the license can be issued. Supervision and experience hours acquired under an associate license expire six years from the date of initial associate license issuance, and expired supervision and experience hours do not apply toward future licensure.

    Amends GS 90B-8 to allow granting reciprocal certificate or licenses without exam or by special exam and adds to the conditions that must be met for such issuance to require that the person be in good standing. Requires persons granted a temporary clinical social worker license to fulfill all requirements for licensure before the temporary license expires. Allows for issuance of a temporary license to a military or military spouse applicant.  

    Amends GS 90B-9 to make all certificates and licenses, except temporary licenses, effective upon date of issuance and requires renewal on or before the expiration date (was, on or before the second June 30 thereafter). Amends the process for renewal of certificates and licenses. Requires verification of compliance with current requirements before the Board may reinstate a suspended certificate or license. Makes organizational changes by moving old subsection d into new GS 90B-9.1, Nonpracticing status. Adds that those on nonpracticing status are not subject to continuing education requirements and specifically prohibits those on nonpracticing status from referring to themselves as certified or licensed and prohibits engaging in social work practice that requires an active certificate or license. Requires proof that continuing education requirements are complete before reactivating a certificate or license.

    Makes clarifying, conforming, and technical changes to GS 90B-10.

    Amends GS 90B-11 to allow the Board to deny, suspend, or revoke an application, certificate, or license for conviction or entering of a plea of guilty or nolo contendere to any misdemeanor involving moral turpitude, misrepresentation or fraud in dealing with the public, conduct otherwise relevant to fitness to practice social work, or any misdemeanor reflecting inability to practice social work with due regard to the health and safety of clients or patients (was, conviction or the entering of a plea of guilty or nolo contendere to a misdemeanor under GS Chapter 90B). Allows the Board to require applicants to submit criminal history record checks, including fingerprints, and substance abuse assessments. Adds that the Board may assess costs of disciplinary action against an applicant, certificate holder, or licensee who is in violation of the provisions of GS Chapter 90B or Board rules. 

    Effective January 1, 2021. Qualification for the certificate of Certified Social Work Manager, as amended, applies only to applications received on or after January 1, 2021.

    Part III-A.

    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 III-B.

    Amends Section 3.2 of SL 2017-41, making the changes to GS 108A-74, which require local social services departments to enter into annual written agreements for all social services programs other than medical assistance, effective July 1, 2020, rather than March 1, 2020. Similarly, amends Section 40 of SL 2017-102, which expands the requirements of GS 108A-74 to include regional social services departments, making the changes effective July 1, 2020, rather than March 1, 2020. Makes further conforming and technical changes to Section 40 of SL 2017-102. 

    Amends GS 108A-74, as amended, expanding the statute to now authorize the DHHS Secretary (Secretary) to take action pursuant to the statute to ensure the delivery of social services programs other than medical assistance (rather than the delivery of child welfare services only) in accordance with State laws and applicable rules. Modifies the definition of board of social services to include a county social services board. Amends the definition of child welfare services or program to specifically include child protective services, rather than generally protective services. Modifies and adds to when a corrective action plan can be triggered to now include failure to comply with mandated performance measures in addition to noncompliance with the terms of the written agreement or other applicable law. Specifies that noncompliance mandates corrective action plans after noncompliance for three consecutive months or for five months within any consecutive 12-month period for those terms or mandated performance measures measured less than annually, or for two consecutive 12-month periods for those terms or mandated performance measures measured on an annual basis. Adds a new requirement for the board of social services and the county manager to be notified of any joint corrective action plan. Modifies the duration parameters of corrective action plans to include determining measurable progress at the half-way point of plans less than 12 months (previously, only provided for showing measurable progress within six months). Now requires corrective action plans to include a schedule and plan for providing updates to the board of social services and county manager (was, only the social services board). Changes the procedure for DHHS's temporary assumption of a department of social services which fails to successfully complete a corrective action plan, now requiring the Secretary to direct the Division of Social Services, rather than the appropriate regional office, to temporarily assume all or part of the local department's administration within 30 days after providing the required notice. Changes the requirements that must be met during the period DHHS assumes administration of a social service program to now prohibit the county, rather than the department of social services, from withdrawing funds previously obligated or appropriated for program administration and services, and requires the county to continue to pay the county's or region's nonfederal share for the program services and administration. Also directs the Secretary to work with the county, in addition to the local department, to develop a plan for the department to resume program administration. Establishes new procedures for the Secretary to withhold funding and assume service delivery if the Secretary determines that a county department is not providing child protective, foster care, or adoption services in accordance with State law and applicable rules adopted by the Social Services Commission, or fails to demonstrate reasonable efforts to do so, and the failure to provide the services poses a substantial threat to the safety and welfare of children in the county who receive or are eligible to receive the services. Sets forth notice and hearing requirements. Allows for DHHS's assumption of service delivery through contracts with public or private agencies or by direct operation by DHHS. Details procedures and requirements following the assumption of service delivery by the Secretary, including the temporary transfer of powers and duties of the county director of social services to the Director of the Division of Social Services or a contractor, the development and implementation of a corrective action plan, open communications of concerns or problems with service delivery, and the return of service delivery to the county. Requires the county to continue funding the services in question during the Secretary's assumption of service delivery and continue funding the nonfederal share of any additional cost incurred to operate the services in question at the level necessary to fully comply with State law and Social Services Commission rules. Effective July 1, 2020.

    Part III-C.

    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-D.

    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 III-E.

    Amends GS 122C-71, increasing the membership of the State Consumer and Family Advisory Committee (State CFAC) from 21 to 27 members, adding adult consumers of traumatic brain injury services. Adds three new members appointed by the DHHS Secretary to reflect the new disability group. Increases the appointments of the President Pro Tempore of the Senate and the Speaker of the House of Representatives from three to five each, selected from the State regions as specified, totaling four from the Eastern Region, three from the Central Region, and three from the Western Region. No longer includes three members appointed by the Council of Community Programs. Increases the appointments by the NC Association of County Commissioners from three to five members, with one from the Eastern Region, two from the Central Region, and two from the Western Region. Directs that members appointed by the Council of Community Programs must serve out their terms. Provides for the appointment of new members pursuant to state law. 

    Part III-F.

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

    Part III-G.

    Amends 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. 

    Part III-H.

    Amends 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.

    Part III-I.

    Amends GS 122C-183, authorizing the DHHS Secretary or a designee to assign special police officers to other State-operated facilities on a temporary basis to carry out the powers allowed under the statute, including all powers of city police officers, and as otherwise provided by laws relating to the specific joint security force to which they are assigned. Specifies that following the oath, the police officer has the right to arrest without warrant individuals committing violations of state law or facility rules or ordinances in their presence and to bring the offenders before a magistrate (previously, did not qualify the right with an oath requirement).

    Amends Part 2 of Article 6 of GS Chapter 122C, expanding the provisions regarding the joint security force of the Black Mountain Center to also include the Julian F. Keith Alcohol and Drug Abuse Treatment Center in Buncombe County (previously, included the Alcohol Rehabilitation Center and the Juvenile Evaluation Center in Buncombe County). Amends GS 122C-421 to no longer explicitly include the power to take a juvenile into custody without a court order outside the territory embraced by the named centers but within the county. Instead, provides that upon assignment to any State-operated facility under GS 122C-183, as amended, special police officers are authorized to exercise the same power enumerated in Part 2 within the territory of the named facility and within the county in which the facility is located. Makes technical changes. 

    Amends GS 122C-430, removing the territory of the NC School of the Deaf at Morganton from the Broughton Hospital joint security force. Similarly, enacts identical provisions as those enacted to GS 122C-421, providing that upon assignment to any State-operated facility under GS 122C-183, as amended, special police officers are authorized to exercise the same power enumerated in Part 2 within the territory of the named facility and within the county in which the facility is located.

    Amends Part 2B of Article 6 of GS Chapter 122C, expanding the provisions regarding the joint security task force of Cherry Hospital to include the territory of the O'Berry Neuro-Medical Treatment Center. Similarly, enacts identical provisions as those enacted to GS 122C-421, providing that upon assignment to any State-operated facility under GS 122C-183, as amended, special police officers are authorized to exercise the same power enumerated in Part 2 within the territory of the named facility and within the county in which the facility is located.

    Repeals Part C of Article 6 of GS Chapter 122C, which authorizes the Secretary to designate special officers to the Dorothea Dix Hospital Joint Security Task Force. 

    Amends Part D of Article 6 of GS Chapter 122C, restricting the special officers of the Long-Leaf Neuro-Medical Treatment Center and Eastern NC School for the Deaf joint security force from exercising any and all enumerated powers upon the property of, or in pursuit from, the Eastern NC School for the Deaf without agreement of the Department of Public Instruction and DHHS.  Similarly, enacts identical provisions as those enacted to GS 122C-421, providing that upon assignment to any State-operated facility under GS 122C-183, as amended, special police officers are authorized to exercise the same power enumerated in Part 2 within the territory of the named facility and within the county in which the facility is located.

    Part III-J.

    Enacts GS 122C-56.1, establishing security recordings to be confidential and not public records. Amends GS 122C-3 to define security recordings to mean any films, videos, or electronic or other media recordings of a common area in a State facility produced for the purpose of maintaining or enhancing the health and safety of clients, residents, staff, or visitors of that State facility; excludes recordings of a client's clinical sessions or any other recording that is part of a client's confidential records or information. Provides that a State facility is not required to disclose its security records unless required by federal law or court order. Requires a State facility to allow viewing of security records by an internal client advocate. Permits a State facility to allow viewing of a security recording by a client or their legally responsible person if the responsible professional, as defined in GS 122C-3, determines it to be in the best interest of the client.

    Part III-K.

    Amends SL 2017-57 to allow youth exiting foster care to a permanent home through the Guardianship Assistance Program to use funds appropriated to DHHS for child welfare postsecondary support program for educational needs (was, limited to foster youth aging out of the foster care system or special needs children adopted from foster care after age 12).

    Part III-L.

    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 term traumatic brain injury.

    Part III-M.

    Amends GS 143B-166 to require one of the members of the NC Medical Care Commission appointed by the Governor to be an individual affiliated with a licensed nonprofit continuing care retirement community. Directs that this individual must be appointed to fill the next vacancy occurring after the effective date of the act in an appointed position held by a representative of agriculture, industry, labor, or other interest group on the Commission.

    Makes conforming changes to the act's titles.


  • Summary date: Apr 4 2019 - More information

    Includes whereas clauses.

    Directs the Department of Health and Human Services (DHHS) to establish and convene a workgroup to evaluate reimbursement options under managed care for adult care homes that takes into account all funding streams and to develop a service definition or definitions under managed care to accomplish the General Assembly's intent to provide stable and reliable funding to adult care homes in order to ensure access, choice, and quality of care.  Requires the participation of representatives of the adult care home industry and other relevant stakeholders in the workgroup.  Mandates the inclusion of the following components in the development of the service definition: (1) supoprt for alternative payment models, including pay-for-performance initiatives, available under the State's 1115 Medicaid waiver and Medicaid transformation; (2) best practices for long-term services and supports; and (3) efficient payment methodologies. 

    Requires DHHS to submit a report no later than October 1, 2020, to the Joint Legislative Oversight Committees on Health and Human Services, and Medicaid and NC Health Choice, as well as the Fiscal Research Division regarding the new service definition.  Directs DHHS after this submission to submit to the Centers for Medicare and Medicaid Services any amendments to the NC Medicaid State Plan necessary to implement the new definition. 


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