MENTAL HEALTH LIC. FAIR PRACTICE STDS. (NEW)

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View NCGA Bill Details2023-2024 Session
House Bill 344 (Public) Filed Thursday, March 9, 2023
AN ACT TO MAKE REGULATORY CHANGES AND CREATE OVERSIGHT REQUIREMENTS TO THE DIVISION OF HEALTH SERVICE REGULATION'S MENTAL HEALTH LICENSURE AND CERTIFICATION SECTION.
Intro. by Willis, Clemmons, Lambeth, Jeffers.

Status: Ch. SL 2023-80 (Jul 7 2023)

SOG comments (2):

Identical bill

Identical to S 291, filed 3/9/23.

Long title change

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO EXTEND THE EXPIRATION DATE TO HOLD HARMLESS CERTAIN FACILITIES WHEN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES RESUMES ENVIRONMENTAL RATING SCALE (ERS) ASSESSMENTS FOR LICENSED CHILD CARE FACILITIES AND TO REQUIRE THE NORTH CAROLINA CHILD CARE COMMISSION TO COMPLETE RECOMMENDATIONS FOR STAR-RATING SYSTEM REFORM AND REPORT THOSE RECOMMENDATIONS TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Bill History:

H 344/S.L. 2023-80

Bill Summaries:

  • Summary date: Jul 10 2023 - View Summary

    AN ACT TO MAKE REGULATORY CHANGES AND CREATE OVERSIGHT REQUIREMENTS TO THE DIVISION OF HEALTH SERVICE REGULATION'S MENTAL HEALTH LICENSURE AND CERTIFICATION SECTION. SL 2023-80. Enacted July 7, 2023. Effective October 1, 2023.


  • Summary date: Jun 13 2023 - View Summary

    Senate amendment makes the following changes to the 2nd edition. Deletes provision appropriating $150,000 from the General Fund to the Department of Health and Human Services, Division of Health Service Regulation in nonrecurring funds to implement the act.


  • Summary date: Jun 1 2023 - View Summary

    Senate committee substitute replaces the entire 1st edition with the following.

    Includes whereas clauses.

    Directs the Division of Health Service Regulation (DHSR) of the Department of Health and Human Services (DHHS) to establish a quality dashboard that addresses mental health, intellectual and developmental disabilities, and substance use services (MH/IDD/SUS) agency performance and identifies trends and outcomes of DHSR reviews. Lists dashboard requirements, beginning January 31, 2024, including monthly publishing and distribution of mandatory data points such as the number of licenses granted, number of citations by class of violation, and number of disciplinary actions by type. Requires DHSR publish the following data to its website on a quarterly basis beginning January 31, 2024: (1) a statement on how well it is complying with the statutory requirement of GS 122C-24.1 that reports of violations be sent to facilities within 15 working days of the investigation; (2) number of informal appeals and number of contested cases filed pursuant to the provisions of GS Chapter 150B; (3) number of contested cases dismissed, number of contested cases upholding agency action, number of contested cases overturning agency action, and number of contested cases where agency action was upheld in part and overturned in part.

    Requires DHSR to make the following regulatory changes to promote transparency and enhanced communication with providers: (1) Establish a workgroup in collaboration with providers to address ongoing concerns identified by the agency and providers. Specifies that the discussions can include clarification of clear rules of engagement and standard operation procedures. (2) Make available annual training to providers and solicit feedback on topics and scheduling as identified by the workgroup. (3) Align its review process to reflect technology in electronic health records and accept documentation presented through the electronic health record. Also authorizes submission of hard copies of records to DSHR, but requires the agency to accept both forms of records.

    Requires the Mental Health Commission to adopt or amend any rules necessary to implement the provisions of the act.

    Appropriates $150,000 from the General Fund to DHSR in nonrecurring funds to implement the act.

    Effective October 1, 2023.

    Makes conforming changes to act's long and short titles.  


  • Summary date: Mar 9 2023 - View Summary

    Amends Section 2 of SL 2021-127 to have the Division of Child Development and Early Education (Division), when evaluating child care centers for quality rating improvement system "education points," to lower their percentage threshold from 75% to 50% of lead teachers having met the requirements for the facility to obtain credit towards its rating until June 30, 2026 (was, June 30, 2023) if the facility’s percentage threshold for its lead teachers was 75%. Makes a conforming change to the act's effective date provision.

    Amends Section 3 of SL 2021-127 to have Section 1 of the session law expire on June 30, 2024, instead of expiring six months after revocation of governor’s declaration of emergency due to COVID-19 (Section 1 prohibits the Division, when it resumes environmental rating scale (ERS) (star rating) assessments, from requiring a licensed child care facility to undergo an ERS assessment if conducting the assessment would cause the child care facility to lose a star rating due to (1) the facility's loss in educators who enabled the facility to meet the star-rating requirements and (2) its inability to replace those educators, within a reasonable period of time, with individuals having similar levels of education).

    Requires the North Carolina Child Care Commission (Commission) to complete recommendations for quality rating improvement system (QRIS/Star-Rating System) reform by March 31, 2024, and submit its QRIS reform recommendations to the specified joint NCGA committee before the 2024 Legislative Session begins. Requires the Commission's QRIS reform recommendations to include accreditations from national early childhood education (ECE) accreditation organizations as an alternative pathway for licensed child care programs to earn a star rating equivalent to each accreditation's standards, including accreditations from any of seven specified organizations.