OMBUDSMAN CHANGES & DHHS STUDY (NEW).

View NCGA Bill Details2017-2018 Session
House Bill 248 (Public) Filed Thursday, March 2, 2017
AN ACT TO MAKE CHANGES TO THE ADULT CARE HOME AND NURSING HOME ADVISORY COMMITTEES TO CONFORM TO THE ADMINISTRATION FOR COMMUNITY LIVING RULES AND RECENT CHANGES TO THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY THE HOPE ACT AND RELATED FEDERAL REGULATIONS AND TO MAKE RECOMMENDATIONS TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.
Intro. by Dobson, Presnell, White, Carney.

Status: Ch. SL 2017-103 (House Action) (Jul 12 2017)

SOG comments (3):

Short and Long Title Changes

House amendments to the 1st edition made changes to the short and long titles. The original titles are as follows:

ESTABLISH AGING SUBCOMMITTEE OF JLOC HHS.

AN ACT ESTABLISHING A SUBCOMMITTEE ON AGING OF THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Long Title Change

Senate committee substitute to the 2nd edition makes changes to the long title. The original title is as follows:

AN ACT TO RECOMMEND THAT THE COCHAIRS FOR THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES CONSIDER A SUBCOMMITTEE ON AGING; TO MAKE CHANGES TO THE ADULT CARE HOME AND NURSING HOME ADVISORY COMMITTEES TO CONFORM TO THE ADMINISTRATION FOR COMMUNITY LIVING RULES AND RECENT CHANGES TO THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM; AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY THE HOPE ACT AND RELATED FEDERAL REGULATIONS AND TO MAKE RECOMMENDATIONS TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

Long title change

Conference committee substitute to the 3rd edition changed the long title. Previous long title was AN ACT TO SUNSET CRITICAL ACCESS BEHAVIORAL HEALTH AGENCIES; TO MAKE CHANGES TO THE ADULT CARE HOME AND NURSING HOME ADVISORY COMMITTEES TO CONFORM TO THE ADMINISTRATION FOR COMMUNITY LIVING RULES AND RECENT CHANGES TO THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM; AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY THE HOPE ACT AND RELATED FEDERAL REGULATIONS AND TO MAKE RECOMMENDATIONS TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

H 248/S.L. 2017-103

Bill Summaries:

  • Summary date: Jul 14 2017 - More information

    AN ACT TO MAKE CHANGES TO THE ADULT CARE HOME AND NURSING HOME ADVISORY COMMITTEES TO CONFORM TO THE ADMINISTRATION FOR COMMUNITY LIVING RULES AND RECENT CHANGES TO THE STATE LONG-TERM CARE OMBUDSMAN PROGRAM AND TO DIRECT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY THE HOPE ACT AND RELATED FEDERAL REGULATIONS AND TO MAKE RECOMMENDATIONS TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES. Enacted July 12, 2017. Effective July 12, 2017.


  • Summary date: Jun 29 2017 - More information

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

    Amends the long title.

    Deletes the provisions repealing SL 2012-171 and amending GS 108C-3. Deletes provisions directing the Department of Health and Human Services, Division of Medical Assistance, to submit a State Plan Amendment request to the Centers for Medicare and Medicaid Services to remove references to Critical Access Behavioral Health Agencies, and providing that certain healthcare providers remain in a certain categorical risk level for purposes of GS 108C-3 for 123 months from the date the act becomes law.


  • Summary date: Jun 14 2017 - More information

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

    Changes the long title.

    Deletes the provisions of Section 1, which authorized the cochairs of the Joint Legislative Committee on Health and Human Services to consider appointing a Subcommittee on Aging to examine the state's delivery of services for older adults in order to determine their service needs and to make recommendations to the Oversight Committee on how to address those needs.

    Repeals SL 2012-171, which directed the Department of Health and Human Services to ensure that Critical Access Behavioral Agencies (CABHAs) are the only providers of community support team, intensive in-home, and child and adolescent day treatment Medicaid services, and sets out requirements of CABHAs. Repeals GS 108C-3(e)(3), which designates CABHAs as a "moderate" level risk provider for purposes of Medicaid and Health Choice enrollment screening. Makes conforming changes to GS 108C-3(g)(2), removing reference to CABHAs.

    Directs the Department of Health and Human Services, Division of Medical Assistance, to submit a State Plan Amendment request to the Centers for Medicare and Medicaid Services to remove references to CABHAs and to make any other necessary changes to implement the above provisions. 

    Establishes that providers enrolled as a CABHA as of the date this act becomes law remain in the provider screening, enrollment, and revalidation categorical risk level "moderate" for purposes of GS 108C-3 for 12 months from the date this act becomes law.

    Makes technical change to the introductory language of Section 2(a).


  • Summary date: Apr 19 2017 - More information

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

    Changes the act's long and short titles.

    Deletes the proposed provisions concerning the establishment of a Subcommittee on Aging by the Joint Legislative Oversight Committee on Health and Human Services. Instead, authorizes the cochairs of the Joint Legislative Committee on Health and Human Services to consider appointing a Subcommittee on Aging to examine the state's delivery of services for older adults in order to determine their service needs and to make recommendations to the Oversight Committee on how to address those needs. Provides several statements relating to the older population in North Carolina. Recommends that the Subcommittee examine the range of problems and services for older adults throughout the continuum of care. Further encourages the Subcommittee to seek input from a variety of stakeholders and interest groups, as specified. Requires the Subcommittee, if appointed, to submit an interim report to the Joint Legislative Oversight Committee on Health and Human Services on or before March 1, 2018, and requires a final report to the Committee on or before November 1, 2018, at which time the Subcommittee terminates, unless the cochairs of the Oversight Committee reappoint the Subcommittee under the authority granted in GS 120-208.2(d).

    Amends GS 131D-31 (Adult care home community advisory committees). Establishes that the intent of the General Assembly is that community advisory committee members function as representatives of the Office of the State Long-Term Care Ombudsman. Makes changes to transfer actions and responsibilities currently assigned to the Secretary of Aging, Department of Health and Human Services, to the Office of the State Long-Term Care Ombudsman concerning the appointment of members to community advisory committees. Adds new language establishing that appointment to an Adult Care Home Community Advisory Committee is contingent upon designation of the appointee by the Office of the State Long-Term Care Ombudsman in accordance with GS 143B-181.18. Provides that a designated appointee is directly accountable to the State Long-Term Care Ombudsman Program in order to perform the duties as a representative of the Office of the State Long-Term Care Ombudsman. Establishes that removal of the appointee's designation by the Office of the State Long-Term Care Ombudsman automatically rescinds the appointment to the Adult Care Home Community Advisory Committee. Further provides that any individual who serves as a community advisory committee member must go through the Office of the State Long-Term Care Ombudsman's certification and designation process and meet the certification and designation requirements in accordance with the State Long-Term Care Ombudsman Program Policies and Procedures. Provides that appointment to the Nursing Home Community Advisory Committees precludes appointment to the Adult Care Home Community Advisory Committees except where written approval to combine the committees is obtained from the Office of the State Long-Term Care Ombudsman.

    Directs the Office of the State Long-Term Care Ombudsman to develop training requirements for certification and designation in accordance with 45 CFR 1324.13(c)(2). Requires that each committee member receive certification training as specified by the State Long-Term Care Ombudsman Program Policies and Procedures and be designated as representatives of the State Long-Term Care Ombudsman Program prior to exercising any power under GS 131D-32. Adds new provision to provide that all communication is considered the property of the Office of the State Long-Term Care Ombudsman and subject to the Office's disclosure policies. Makes conforming and technical changes. 

    Amends GS 131E-128 (Nursing home advisory committees). Establishes that it is the purpose of the General Assembly that advisory committee members function as representatives of the Office of the State Long-Term Care Ombudsman and through their designation work to maintain the intent of the Nursing Home Resident's Bill of Rights within nursing homes in the state.  Encourages boards of county commissioners to appoint Nursing Home Community Advisory Committees. Adds new language establishing that appointment to the nursing home community advisory committee is contingent upon designation of the appointee by the Office of the State Long-Term Care Ombudsman in accordance with GS 143-181.18. Provides that a designated appointee is directly accountable to the State Long-Term Care Ombudsman Program in order to perform the duties as a representative of the Office of the State Long-Term Care Ombudsman. Establishes that removal of the appointee's designation by the Office of the State Long-Term Care Ombudsman automatically rescinds the appointment to the nursing home community advisory committee. Further provides that any individual who serves as a community advisory committee member must go through the Office of the State Long-Term Care Ombudsman's certification and designation process and meet the certification and designation requirements in accordance with the State Long-Term Care Ombudsman Program Policies and Procedures. Makes changes to transfer actions and responsibilities currently assigned to the Secretary of Aging (or the Secretary's designee), Department of Health and Human Services, to the Office of the State Long-Term Care Ombudsman concerning the appointment of members to community advisory committees.

    Directs the Office of the State Long-Term Care Ombudsman to develop training requirements for certification and designation in accordance with 45 CFR 1324.13(c)(2). Requires that each committee member receive certification training as specified by the State Long-Term Care Ombudsman Program Policies and Procedures and be designated as representatives of the State Long-Term Care Ombudsman Program prior to exercising any power under subsection (h) of the statute. Modifies the power under subdivision (3) of subsection (h) to provide that each member of a committee has the right to enter into the facility the committee serves in order to carry out the member's responsibilities (currently, limited to the hours between 10:00AM and 8:00PM). Adds new provision to provide that all communication is considered the property of the Office of the State Long-Term Care Ombudsman and subject to the Office's disclosure policies. Makes conforming and technical changes. 

    Amends GS 143B-181.18, which sets out the duties of the Office of the State Long-Term Care Ombudsman Program/State Ombudsman duties. Makes changes to refer to the State Long-Term Care Ombudsman Program (instead of the Long-Term Care Program), the Office of the State Long-Term Care Ombudsman (instead of the State Ombudsman Office), and the State Long-Term Care Ombudsman Program Policies and Procedures (instead of the State Ombudsman Policies and Procedures). Adds a new duty of the Office to designate and refuse, suspend, or remove designation of volunteer representatives of the Office of the State Long-Term Care Ombudsman, including any community advisory committee appointees, in accordance with the State Long-Term Care Ombudsman Program Policies and Procedures. 

    Directs the Department of Health and Human Services (DHHS) to examine PL 113-51, HIV Organ Policy Equity (HOPE) Act, and the Final Safeguards and Research Criteria publication by the US Department of Health and Human Services and National Institutes of Health to determine public health safeguards, regulations, and statutory changes necessary for consideration by the General Assembly. Directs DHHS to submit a report of findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services on or before January 1, 2018.


  • Summary date: Mar 2 2017 - More information

    Requires the Joint Legislative Oversight Committee on Health and Human Services (Committee) to appoint a 21-member Subcommittee on Aging (Subcommittee) to examine the State's delivery of services for older people to determine their needs and to make recommendations to the Committee on how to address those needs. Appoints specified cochairs. Sets out membership appointment requirements, with eight members appointed by the House of Representatives cochair of the Subcommittee and eight members appointed by the Senate cochair of the Subcommittee. Sets out provisions governing vacancies, the exercise of specified powers, meeting space, professional staffing, and allowable expenses. Sets out eight issues that must be a part of the Subcommittee's study, including current and future service needs of older persons, including supports for older persons residing in institutional and in‑home settings, and the feasibility of developing mechanisms for allowing older persons to express the setting in which they prefer to receive services and honoring these preferences. Requires the Subcommittee to submit an interim report to the Committee, on or before May 8, 2018, and requires a final report to the Committee on or before January 15, 2019, at which time the Subcommittee terminates.


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