MEDICAID MODERNIZATION. (NEW)

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View NCGA Bill Details2025-2026 Session
House Bill 546 (Public) Filed Wednesday, March 26, 2025
AN ACT TO MODERNIZE VARIOUS LAWS PERTAINING TO THE MEDICAID PROGRAM.
Intro. by White, Chesser, Reeder, Rhyne.

Status: Ch. SL 2025-64 (Jul 7 2025)

SOG comments (1):

Long title change

Committee substitute to the 2nd edition changed the long title. Previous long title was AN ACT TO REQUIRE TEAM-BASED CARE COORDINATION IN MEDICAID SUBSTANCE USE TREATMENT AND TO MODIFY THE MEDICAID PROGRAM TO SUSPEND RATHER THAN TERMINATE MEDICAID ELIGIBILITY FOR INCARCERATED INDIVIDUALS.

Bill History:

H 546/S.L. 2025-64

Bill Summaries:

  • Summary date: Jul 10 2025 - View Summary

    AN ACT TO MODERNIZE VARIOUS LAWS PERTAINING TO THE MEDICAID PROGRAM. SL 2025-64. Enacted July 7, 2025. Effective July 7, 2025, except as otherwise provided. 


  • Summary date: Jun 10 2025 - View Summary

    Senate committee substitute to the 3rd edition adds the following.

    Part VII.

    Requires the Department of Health and Human Services, Division of Health Benefits (DHB) to consult with stakeholders and submit to the Centers for Medicare and Medicaid Services (CMS), a request that meets the following: (1) provides Medicaid coverage of personal care services to individuals who reside in licensed adult care homes and special care units and whose income exceeds the limits for participation in the State-County Special Assistance Program but does not exceed either 180% of the federal poverty level, for individual who, but for their income, would qualify for State-County Special Assistance at the basic rate or (2) 200% of the federal poverty level for individuals who, but for their income, would qualify for State-County Special Assistance at the enhanced rate; (2) ensures that the cost of any new Medicaid coverage being requested is offset by savings or cost avoidance; and (3) ensures compliance with applicable legal requirements.

    Requires DHB to take actions necessary to implement this section and submit the appropriate request to CMS within 90 days of this section becoming law. Allows DHB to implement the described Medicaid coverage if the rule is approved by CMS and it meets all of the goals listed above.


  • Summary date: Jun 5 2025 - View Summary

    Senate committee substitute to the 2nd edition adds the following new content.  Makes organizational changes and conforming changes to act’s long and short titles and act's effective date.

    Part II.

    Amends Section 2.4 of SL 2023-7 by adding a requirement to the report provided to the Joint Legislative Oversight Committee on Medicaid and the Fiscal Research Division by the Department of Health and Human Services (DHHS), Division of Health Benefits (DHB), that the DHB report include full details of any funding needed to implement or maintain work requirements. Provides that DHHS must implement any work requirements as a condition of Medicaid participation approved by the Centers for Medicare and Medicaid Services in accordance with this section, regardless of any GS 108A-54.3A provisions to the contrary.

    Part III.

    Requires the Department of Health and Human Services, Division of Health Benefits (Division), to ensure that (1) a licensed health care provider providing health care services exclusively through telehealth services is not required to maintain a physical presence in the state to be considered an eligible provider for enrollment as a Medicaid provider and (2) a health care provider group with licensed heath care providers that exclusively offer telehealth services is not required to have an in-state service address to be eligible to enroll as a Medicaid provider group.

    Part IV.

    Amends GS 108D-40(a)(14) so that former foster children eligible for Medicaid under the specified State law are not a Medicaid category that has to be covered under a prepaid health plan contract (currently, that Medicaid category is former foster children until they reach the age of 26). Extends the date that services must begin under a single statewide children and families (CAF) specialty plan under Section 9E.22 of SL 2023-134 from December 1, 2024, to December 1, 2025. Makes a conforming change.

    Part V.

    Repeals provisions of SL 2021-180 that would sunset a pregnant woman’s eligibility for Medicaid coverage until twelve months postpartum on March 31, 2027. Makes conforming changes to GS 108A-146.5.

    Part VI.

    Adds defined term freestanding psychiatric hospital to GS 108A-145.3 (definitions provisions of the Hospital Assessment Act) and makes conforming and organizational changes. Effective on the first day of the next assessment quarter after the date this act becomes law and applies to assessments imposed on or after that date.

    Amends GS 108A-148.1 (pertaining to the State’s Healthcare Access and Stabilization Program [HASP]) so that the HASP must provide qualifying freestanding standing psychiatric hospitals with increased reimbursements funded through hospital assessment so long as they are approved by CMS. Directs the Department of Health and Human Services (DHHS) to submit a 42 CFR 438.6(c) preprint requesting approval to include freestanding psychiatric hospitals in HASP. Effective when the act becomes law.

    The following is effective on the first day of the next assessment quarter after the date this act becomes law and applies to assessments imposed on or after that date:

    Defines qualifying freestanding psychiatric hospital as a freestanding psychiatric hospital as defined in GS 108A‑145.3 that is Medicare‑certified and submits Hospital Cost Report Information System cost report data to CMS.

    Amends the definition of modernized HASP component in GS 108A-146.10 so that it is now an amount of money calculated each quarter by multiplying the aggregate amount of HASP directed payments due to PHPs in the current quarter for reimbursements to acute care hospitals (currently, just hospitals) that are not attributable to newly eligible individuals by the nonfederal share for not newly eligible individuals. Makes conforming changes, including to the statute's title.

    Adds new GS 108A-146.10A defining a modernized freestanding psychiatric hospital HASP component as an amount of money calculated each quarter by multiplying the aggregate amount of HASP directed payments due to PHPs in the current quarter for reimbursements to freestanding psychiatric hospitals that are not attributable to newly eligible individuals by the nonfederal share for not newly eligible individuals.

    Adds new GS 108A-146.4 (freestanding psychiatric hospital modernized assessment), applicable to all freestanding psychiatric hospitals, directing that all such hospitals’ modernized assessments be assessed a percentage of their costs, calculated quarterly by the Department of Health and Human Services (DHHS). Specifies that the percentage for each quarter must equal the modernized freestanding psychiatric hospital HASP component under GS 108A-146.10A divided by the total hospital costs for all freestanding psychiatric hospitals holding a license on the first day of the assessment quarter.

    Amends GS 108A-146.5 (aggregate acute care hospital modernized assessment collection amount) to define the aggregate acute care hospital modernized assessment amount as an amount of money equal to the aggregate modernized assessment collection amount under GS 108A-146.5(a) minus the modernized freestanding psychiatric hospital HASP component under GS 108A-146.10A. Adds the freestanding psychiatric hospital HASP as one of the total modernized nonfederal receipts under the statute.  Makes conforming changes.

    Amends the formulas set forth in GS 108A-146.13(c) (pertaining to modernized presumptive IGT [intergovernmental transfer] adjustment components) to account for new GS 108A-146.10A (freestanding psychiatric hospital HASP components) and acute care hospital HASPS.

    Adds new GS 108A-147.6A (pertaining to health advancement freestanding psychiatric hospital HASP components), defining a health advancement freestanding psychiatric hospital HASP component as an amount of money calculated by multiplying the aggregate amount of HASP directed payments due to PHPs in the current quarter for reimbursements to freestanding psychiatric hospitals attributable to newly eligible individuals by the nonfederal share for newly eligible individuals.

    Adds new GS 108A-147.2A (freestanding psychiatric health advancement assessment) applicable to all freestanding psychiatric hospitals, directing that all such hospitals’ freestanding psychiatric hospital health advancement assessments be made as a percentage of each freestanding psychiatric hospital's hospital costs. Directs that the assessment percentage be calculated quarterly by DHHS in accordance with the statute. Directs that the percentage for each quarter equals the health advancement freestanding psychiatric hospital HASP component calculated under GS 108A-147.6A divided by the total hospital costs for all freestanding psychiatric hospitals holding a license on the first day of the assessment quarter.

    Amends GS 108A-147.3 (pertaining to aggregate acute care hospital health advancement assessment collection amount) as follows. Adds the health advancement freestanding psychiatric hospital HASP as one of the total nonfederal receipts for health advancement under the statute. Defines the aggregate acute care hospital health advancement assessment collection amount as an amount of money equal to the aggregate health advancement assessment collection amount under subsection (a) of GS 108A-147.3 minus the health advancement freestanding psychiatric hospital HASP component under GS 108A-147.6A. Makes a conforming change.

    Amends GS 108A-147.5(d)(5) (potential bases of the presumptive cost components) so that the formula is now the amount produced from multiplying 1.15 by the highest amount produced when calculating, for each quarter that is at least two and not more than five quarters prior to the current quarter, the actual nonfederal expenditures for the applicable quarter minus the health advancement acute care hospital HASP component calculated under GS 108A-147.6 for the applicable quarter and minus the health advancement freestanding psychiatric hospital HASP component calculated under GS 108A-147.6A for the applicable quarter (currently no reference to health advancement freestanding psychiatric hospital HASP component). Makes conforming changes.

    Adds another prong, the health advancement freestanding psychiatric hospital HASP component calculated under GS 108A-147.6A for the quarter that is two quarters prior to the current quarter, to the list elements that should be subtracted to specified actual nonfederal expenses to obtain the health advancement reconciliation under GS 108A-147.11(a). Makes conforming changes. 

    Makes conforming changes to GS 108A-146.1 (public hospital modernized assessments), GS 108A-146.3 (private hospital modernized assessments), GS 108A-147.1 (public hospital health advancement assessments), GS 108A-147.2 (private hospital health advancement assessments), and GS 108A-147.6 (health advancement acute care hospital HASP component) to account for new acute care provisions.


  • Summary date: Apr 15 2025 - View Summary

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

    Clarifies that the Department of Health and Human Services, Division of Health Benefits (DHB) must continue to implement its policy changes to suspend, rather than terminate, Medicaid benefits upon a Medicaid beneficiary's incarceration, (was, update Medicaid policy to implement the federal directive to suspend rather than terminate Medicaid coverage upon a Medicaid recipient's incarceration). Instead of requiring DHB and the Department of Adult Correction to enter into a memorandum of understanding to share information regarding the Medicaid eligibility status of individuals entering confinement or being released from jails, now requires DHHS, by October 1, 2025, to report to the specified NCGA committee and division on: (1) DHHS' progress in implementing the automated process in the NCFAST eligibility information system that allows data sharing between county jails and DHHS, and (2) any ongoing challenges to meeting the federal requirement to suspend, rather than terminate Medicaid benefits upon a beneficiary's incarceration. Removes the requirement for the Department of Adult Correction to update its internal and external policies and manuals to reflect the updated policy and its implementation.


  • Summary date: Mar 26 2025 - View Summary

    Substantively identical to S 464, filed 3/24/25.

    Directs the Department of Health and Human Services, Division of Health Benefits (DHB) to establish a working group of stakeholders and develop a team-based care coordination Medicaid service that includes screening, recovery support, and case management for alcohol use disorder, opioid use disorder, and other mild to moderate substance use disorders. Requires DHB to report to the Joint Legislative Oversight Committee on Medicaid and the Fiscal Research Division no later than October 1, 2025, regarding the Medicaid service, including the state’s share of the cost, start date of the service, and the types of contracts and any statutory changes proposed to implement the service. Also directs DHB to develop a statewide campaign to educate healthcare providers and community leaders about changes to the Medicare program and train interested healthcare providers in clinical care for the substance use disorders.

    Requires DHB to update Medicaid policy to implement the federal directive to suspend rather than terminate Medicaid coverage upon a Medicaid recipient's incarceration. Directs DHB and the Department of Adult Correction to enter into a memorandum of understanding to share information regarding the Medicaid eligibility status of individuals entering confinement or being released from jails. Also directs the Department of Adult Correction to update its internal and external policies and manuals to reflect the updated policy and its implementation.