MONITOR IMPLEMENTATION OF TBI WAIVER.

View NCGA Bill Details2017-2018 Session
House Bill 512 (Public) Filed Tuesday, March 28, 2017
AN ACT REGARDING IMPLEMENTATION OF THE 1915(C) MEDICAID WAIVER FOR INDIVIDUALS WITH TRAUMATIC BRAIN INJURY; AUTHORIZING TOWNSHIP HOSPITALS STILL OPERATING UNDER PRE-1983 PUBLIC HOSPITAL LAWS TO EXERCISE SOME OF THE ADDITIONAL POWERS AND AUTHORITIES GRANTED TO PUBLIC HOSPITALS OPERATING UNDER ARTICLE 2 OF CHAPTER 131E OF THE GENERAL STATUTES; REDEFINING THE TERM "LEGACY CARE MEDICAL FACILITY" FOR PURPOSES OF CERTIFICATE OF NEED REVIEW; REQUIRING THAT LEGACY MEDICAL CARE FACILITIES EXEMPTED FROM CERTIFICATE OF NEED REVIEW OPERATE WITHIN THE SAME SERVICE AREAS AS THE FACILITY THAT CEASED CONTINUOUS OPERATIONS; AND PROVIDING FOR AN EXTENSION OF THE TIME BY WHICH A FACILITY MUST BE OPERATIONAL IN ORDER TO QUALIFY FOR CERTIFICATE OF NEED EXEMPTION AS A LEGACY MEDICAL CARE FACILITY.
Intro. by Torbett.

Status: Ch. SL 2018-81 (House Action) (Jun 25 2018)

SOG comments (1):

Long Title Change

Senate committee substitute to the 1st edition makes changes to the long title. The original title is as follows:

AN ACT REGARDING IMPLEMENTATION OF THE 1915(C) MEDICAID WAIVER FOR INDIVIDUALS WITH TRAUMATIC BRAIN INJURY

H 512/S.L. 2018-81

Bill Summaries:

  • Summary date: Jun 26 2018 - More information

    AN ACT REGARDING IMPLEMENTATION OF THE 1915(C) MEDICAID WAIVER FOR INDIVIDUALS WITH TRAUMATIC BRAIN INJURY; AUTHORIZING TOWNSHIP HOSPITALS STILL OPERATING UNDER PRE-1983 PUBLIC HOSPITAL LAWS TO EXERCISE SOME OF THE ADDITIONAL POWERS AND AUTHORITIES GRANTED TO PUBLIC HOSPITALS OPERATING UNDER ARTICLE 2 OF CHAPTER 131E OF THE GENERAL STATUTES; REDEFINING THE TERM "LEGACY CARE MEDICAL FACILITY" FOR PURPOSES OF CERTIFICATE OF NEED REVIEW; REQUIRING THAT LEGACY MEDICAL CARE FACILITIES EXEMPTED FROM CERTIFICATE OF NEED REVIEW OPERATE WITHIN THE SAME SERVICE AREAS AS THE FACILITY THAT CEASED CONTINUOUS OPERATIONS; AND PROVIDING FOR AN EXTENSION OF THE TIME BY WHICH A FACILITY MUST BE OPERATIONAL IN ORDER TO QUALIFY FOR CERTIFICATE OF NEED EXEMPTION AS A LEGACY MEDICAL CARE FACILITY. Enacted June 25, 2018. Effective June 25, 2018.


  • Summary date: Jun 12 2018 - More information

    Senate committee substitute makes the following changes to 2nd edition. Adds to title INDIVIDUALS WITH TRAUMATIC BRAIN INJURY; AUTHORIZING TOWNSHIP HOSPITALS STILL OPERATING UNDER PRE 1983 PUBLIC HOSPITAL LAWS TO EXERCISE SOME OF THE ADDITIONAL POWERS AND AUTHORITIES GRANTED TO PUBLIC HOSPITALS OPERATING UNDER ARTICLE 2 OF CHAPTER 131E OF THE GENERAL STATUTES; REDEFINING THE TERM "LEGACY CARE MEDICAL FACILITY" FOR PURPOSES OF CERTIFICATE OF NEED REVIEW: REQUIRING THAT LEGACY MEDICAL CARE FACILITIES EXEMPTED FROM CERTIFICATE OF NEED REVIEW OPERATE WITHIN THE SAME SERVICE AREA AS THE FACILITY THAT CEASED CONTINUOUS OPERATIONS; PROVIDING FOR AN EXTENSION OF THE TIME BY WHICH A FACILITY MUST BE OPERATIONAL IN ORDER TO QUALIFY FOR CERTIFICATE OF NEED EXEMPTION AS A LEGACY MEDICAL CARE FACILITY; AND TO EXEMPT OFFICE BASED, VASCULAR ACCESS CENTERS FROM CERTIFICATE OF NEED REVIEW. 

    Corrects the October 1, 2017, start date for the 1915(c) waiver report to October 1, 2018. 

    Adds new section allowing all hospitals that continue to operate under GS Chapter 131, Article 2, pursuant to SL 1983-775, Section 3, to exercise the powers, authorities, and exemptions in 17 various subsections of GS 131E-7 through GS 131E-47.1, and the powers and authorities conveyed by SL 1999-377, Section 3. Amends GS 131E-176(14f), which sets out the definition of Legacy Medical Care Facility, to include facilities which provided care to outpatients in the last 24 months. Makes other clarifying change. 

    Amends GS 131E-184(h), which sets out conditions for exemption from certificate of need review for acquiring or reopening a Legacy Medical Care Facility (Facility). The person seeking to operate the Facility must give written notice of the intention to reopen a Facility within 36 months, and must state whether the Facility is in the same location as the previous facility or in a new location. Allows the Department to extend the 36-month time period for an additional 36 months on timely written notice that the person has made all reasonable efforts to meet the deadline.


  • Summary date: Apr 26 2017 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Makes technical changes in Section 1 of the act to correct references to the Senate Appropriations Committee on Health and Human Services, and the Center for Medicare and Medicaid Services.


  • Summary date: Mar 28 2017 - More information

    Requires the Department of Health and Human Services (DHHS), beginning October 1, 2017, to report quarterly to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice, the Joint Legislative Oversight Committee on Health and Human Services, the chairs of Senate Appropriations on Health and Human Services, the chairs of the House of Representatives Committee on Appropriations, Health and Human Services, and the Fiscal Research Division on the status and implementation of the 1915(c) waiver for individuals with traumatic brain injury (TBI) that has been submitted to the Centers for Medicare and Medicaid.

    Requires DHHS to adopt rules or medical coverage policies relating to service programs for individuals with TBI. Also requires DHHS to develop a best practice model system that includes a comprehensive continuum of care and an array of short‑term and long‑term treatments, rehabilitation options, and home and community support services as part of the TBI waiver. Requires DHHS to strive to maintain adequate reimbursement rates for residential and community‑based care programs that serve individuals with traumatic brain injury.


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