LOCAL HUMAN SERVICES ADMINISTRATION

Printer-friendly: Click to view
View NCGA Bill Details2011-2012 Session
Senate Bill 433 (Public) Filed Monday, March 28, 2011
CONCERNING ADMINISTRATION OF HUMAN SERVICES IN COUNTIES THAT HAVE ELECTED TO CONSOLIDATE THOSE SERVICES DIRECTLY EITHER UNDER THE COUNTY OR UNDER A CONSOLIDATED HUMAN SERVICE BOARD, AND TO MAKE THAT STATUTE STATEWIDE IN APPLICABILITY.
Intro. by Hartsell

Status: Re-ref Com On Rules and Operations of the Senate (Senate Action) (Jul 2 2012)

SOG comments (1):

Related blog posts

The following blog posts by Jill Moore are all related to the issues discussed in S 433:

6/2012: County Commissioners and Local Boards of Health: What Would Pending Legislation Allow, and What Would it Mean?
http://canons.sog.unc.edu/?p=6716

12/2012: Wrapping up the Year: Updates on Two of 2011’s Most-Discussed Public Health Law Issues http://canons.sog.unc.edu/?p=6083

6/2011: Organizational Options for Local Public Health Agencies in North Carolina, Part 1: Current Law http://canons.sog.unc.edu/?p=4840

6/2011: Organizational Options for Local Public Health Agencies in North Carolina, Part 2: Proposed Legislation http://canons.sog.unc.edu/?p=4874

Bill History:

S 433

Bill Summaries:

  • Summary date: Jun 14 2012 - View Summary

    House amendments make the following changes to 5th edition.
    Amendment #1 clarifies in GS 153A-77(a) that a board of county commissioners that assumed control of a local health board after January 1, 2012, and does not delegate powers and duties of that board to a consolidated health services board must appoint an advisory committee.
    Amendment #2 amends GS 153A-77(e) to also require a human services director to appoint, with the county manager’s approval, a person meeting the specified qualifications of a local health director.


  • Summary date: Jun 13 2012 - View Summary

    House committee substitute makes the following changes to 4th edition.
    Amends GS 153A-76 to prohibit a board of county commissioners from consolidating an area mental health, developmental disabilities, and substance abuse services board into a consolidated human services board. Also prohibits abolishing an area mental health, developmental disabilities, and substance abuse services board, except as provided in GS Chapter 122C. Specifies that these prohibitions do not apply to any board that has exercised the powers and duties of an area mental health, developmental disabilities, and substance abuse board as of January 1, 2012. Further amends the statute to prohibit a board from abolishing, assuming control over, or consolidating into a human services agency a public hospital.
    Amends GS 153A-77 to require a board of county commissioners that has assumed direct control of a local health board and does not delegate the powers and duties of that board to a consolidated health service board to appoint an advisory committee. Makes other clarifying changes to the authority of the board of county commissioners. Requires a consolidated human services board that is not exercising powers and duties of an area mental health, developmental disabilities, and substance abuse services board to include four consumers of human services as members. Makes conforming changes.
    Deletes section requiring the Department of Health and Human Services to allocate $5 million to the Division of Public Health for the incentive program.
    Requires the Program Evaluation Division to make its report on the feasibility of a transfer of the Division of Public Health to the University of North Carolina by February 1, 2013 (was, February 1, 2012).


  • Summary date: Jun 14 2011 - View Summary

    House committee substitute makes the following changes to 3rd edition. Amends GS 153A-76 to provide that a board of county commissioners may not abolish or consolidate into a human service agency a hospital authority assigned to provide public health services pursuant to Section 12 of SL 1997-502.
    Makes technical and conforming changes to GS 153A-77.
    Adds new GS 130A-34.3 to direct the Department of Health and Human Services (DHHS) to establish a Public Health Improvement Incentive Program to provide monetary incentives for the creation of multicounty local health departments serving a population of at least 75,000. Directs the Commission of Public Health to adopt rules to implement the program.
    Adds new GS 130A-34.4 to provide that, by July 1, 2014, a local health department must meet the following criteria in order to receive state and federal public health funding from the Division of Public Health: (1) the local health department must obtain and maintain accreditation pursuant to GS 130A-34.1; and (2) the county or counties comprising the local health department must maintain operating appropriations to local health departments from local ad valorem tax receipts at levels equal to amounts appropriated in fiscal year 2010-2011.
    Amends GS 130A-1.1(b) to direct a local health department to assure that ten specified public health services are available and accessible to the population in each county served by the department.
    Effective July 1, 2011, directs the DHHS to allocate $5 million to the Division of Public Health to provide incentives to local health departments through the Public Health Improvement Incentive Program.
    Directs the Program Evaluation Division of the General Assembly to study the feasibility of the transfer of all functions, powers, duties, and obligations of the Division of Public Health in the Department of Health and Human Services to the University of North Carolina Healthcare System and/or the School of Public Health at the University of North Carolina. The Division must report its findings and recommendations by February 1, 2012.
    Makes conforming changes to title.


  • Summary date: Apr 27 2011 - View Summary

    Senate amendment makes the following changes to 2nd edition, as amended. Removes language in GS 153A-77(b)(1) referring to a human services director being appointed and supervised by the human services board under subdivision (2) of the subsection. Removes language in GS 153A-77(e) and 153A-77(e)(1) allowing the county board of commissioners to elect to have the human services director appointed and dismissed by the consolidated human services board. Removes Section 3, deleting proposed changes to GS 153A-76. Makes technical changes.


  • Summary date: Apr 20 2011 - View Summary

    Senate amendment makes the following changes to 2nd edition. Amends 153A-77 to require that all consolidated county human services agencies comply with all applicable federal laws, rules, and regulations requiring the establishment of merit personnel systems.


  • Summary date: Apr 6 2011 - View Summary

    Senate committee substitute makes the following changes to 1st edition. Amends GS 153A-76 to remove the board of health and the board of social services from the list of boards that the board of county commissioners is prohibited from changing the composition of or the manner in which board members are selected.
    Amends GS 126-5(a) to remove provision that specified that an employee of a consolidated county human services agency created pursuant to GS 153A-77(b) is not considered an employee of an entity listed in GS 126-5(a)(2).


  • Summary date: Mar 28 2011 - View Summary

    Amends GS 153A-77, which details the authority of boards of commissioners in certain counties, to allow the board of county commissioners to consolidate the provision of human services in the county under the direct control of a human services director or by the consolidated human services board created as specified. Allows the county board of commissioners to make staff of a consolidated county human services agency subject to the State Personnel Act. Also allows the board to have the human services director appointed, supervised, or dismissed by the consolidated human services board. Deletes provision limiting the statute’s application to counties with populations in excess of 425,000.