Bill Summary for H 190 (2023-2024)

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Summary date: 

Feb 23 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 190 (Public) Filed Thursday, February 23, 2023
AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO LAWS PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO MAKE TECHNICAL AND CONFORMING CHANGES TO SESSION LAW 2023-14.
Intro. by Potts.

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Bill summary

Part I.

Enacts GS 143B-139.1A allowing the Secretary of Health and Human Services (Secretary) to adopt rules to implement the Emergency Solutions Grant Program. Require the rules to be enforced by the Department of Health and Human Services (DHHS).

Amends GS 108A-41 which sets out eligibility for State-County Special Assistance, under which assistance is given to persons residing in adult care homes, special care units, and in-home living arrangements for essential care. Amends that items that are excluded when determining if a person has sufficient resources to provide a reasonable subsistence compatible with decency and health, to now excluded from consideration real property contiguous with the person’s primary place of residence (was, limited to the real property contiguous with the person’s primary place of residence in which the property tax value is less than $12,000).

Amends GS 108A-47.1 to set the amount of the monthly payment to individual enrolled in the Special Assistance in-home program at 100% of the monthly payment the individual would receive if the individual resided in an adult care home and qualified for Special Assistance, no longer allowing paying a lesser amount when determined to be appropriate by the local case manager. Requires the Special Assistance policies and procedures to include the use of an assessment (was, use of a functional assessment).

Part II.

Amends Section 2 of SL 2022-52, pertaining to contracting with nonprofit grantees receiving state and federal funds, by providing that this also include grantees receiving a combination of state and federal funds. Expands upon the instances in which DHHS is required to enter into a contract agreement for at least two years to also include nonprofit grantees receiving any combination of recurring and nonrecurring funds for each year of the fiscal biennium. Amends the provisions governing an automatic contract extension when a formal contract extension or renewal process has not been completed within 10 business days after the expiration of the original contract (was, within 10 business days of the subsequent contract start date), if the specified requirements are met. Adds that when there is an automatic contract extension, the terms of the expired contract govern the relationship and obligations of the party until the earlier of the end of three-month contract extension period or until execution of a formal contract extension or renewal. Amends the time within which the Fiscal Research Division must provide the specified information for non-state entities receiving directed grants, to be within 15 days after the date of the Current Operations Appropriations Act (was, the Appropriations Act of 2022). Amends the provisions governing the reimbursable amount of overhead, as follows. Provides that for grantees, including nonprofits, that (1) are receiving financial assistance and do not have a federally approved indirect rate from a federal agency or (2) have a previously negotiated but expired rate, DHHS may allow the grantee to use the de minimis rate or 10% of modified total direct costs. Allows the grantee, in the alternative, to negotiate or waive an indirect cost rate with DHHS. Provides that if state or federal law or regulations establish a limitation on the amount of funds the grantee may use for administrative purposes, then that limit controls. Changes language throughout to refer to grantees instead of grantee/recipients. Makes additional conforming, clarifying, and technical changes. Makes organizational changes to the section.

Part III.

Amends GS 7B-1402 and GS 7B-1404 to replace references to the Division of Maternal and Child Health with the Division of Child and Family Well-Being. Also includes the Division of Child and Family Well-Being among those entities int GS 122C-1123 that are responsible for intervention and treatment in non-school based programs. Adds the Division of Child and Family Well-Being to the membership of the Rapid Response Team in GS 122C-142.2.

Part IV.

Amends GS 131D-2.11 to make the provisions that apply to annual and biennial licensure inspections of adult care homes also applicable o triennial licensure inspections. Allows the Division of Health Service Regulation to waive the required adult care home annual inspection for one year for any adult care home that has achieved the highest rating according to rules adopted by the North Carolina Medical Care Commission and allows waiving the annual inspection for two years for any adult care home that has achieved the highest rating for five consecutive years. Makes conforming deletions. Removes outdated language. Effective October 1, 2023.

Amends GS 143B-165 concerning the DHHS North Carolina Medical Care Commission (Commission), as follows. Gives the Commission the power to adopt rules (was, promulgate rules and regulations) for the construction and maintenance of public and private hospital, medical, centers, and facilities regulated under GS Chapters 131D and 131E (previously did not require that the facilities be regulated under those GS Chapters). Gives the Commission the power to adopt, amend and rescind rules as necessary to protect the health, safety, and welfare of the individuals served by those facilities. Provides that the Commission must adopt rules establishing standards for the licensure, inspection, and operation of, and the provision of care and services by the different types of licensed hospitals. Provides that the Commission may adopt rules necessary to establish standards for the licensure, inspection, and operation of, and the provision of care and services (was, rules necessary to carry out he specified provisions) by, specified licensed facilities. Removes references to the adoption of temporary rules for the accreditation of facilities performing mammography procedures and for labs evaluating screen pap smears. Requires the Commission to adopt rules establishing standards for the provision of care and services by (in addition to the already allowed licensure, inspection, and operation of) adult care homes. Adds the requirement that the Commission adopt rules establishing standards for the following with respect to facilities used as multiunit assisted housing with service: registration and deregistration, disclosure statements, agreements for service, personnel requirements, and resident admissions and discharges. Updates internal statutory cross references. Makes additional conforming, clarifying, and technical changes.

Part V.

Amends GS 122C-115 to require, beginning on July 1, 2021, that LME/MCOs cease managing Medicaid services for recipients who are enrolled in a standard benefit plan. Makes conforming changes. Makes conforming changes to GS 108D-60. Amends GS 122C-3, setting out the definitions of terms used in GS Chapter 122C, by making organizational and technical changes. Removes the term state or local consumer advocate. Adds and defines standard benefit plan as it is defined in GS 108D-1.

Directs the Revisor of Statutes to replace Division of Mental Health, Developmental Disabilities, and Substance Abuse Services with Division of Mental Health, Developmental Disabilities, and Substance Use Services. Makes that change in GS 143B-138.1. Also requires the Revisor of Statutes to replace MH/DD/SAS with MH/DD/SUS.

Part VI.

Amends GS 130A-125 by expanding the allowable uses of funds from the Newborn Screening Equipment Replacement and Acquisition Fund, to also allow maintaining or supporting lab instruments, equipment, and information technology systems used in the Newborn Screening Program.

Amends GS 130A-382 by expanding upon the types of individuals who may be appointed as county medical examiners to also include NC licensed dentists, physical therapists (also requires the already listed physicians assistants, nurse practitioners, and nurses to be licensed in this state), (2) pathologists’ assistants certified by the American Society for Clinical Pathology;  and (3) pathologists' assistants or medicolegal death investigators certified by a nationally recognized certifying body determined by the Chief Medical Examiner to have an appropriate certification process for pathologists' assistants or medicolegal death investigators to demonstrate readiness to serve as a county medical examiner. Also requires the already listed medical technicians (now, emergency medical technicians) and paramedics to be credentialed. Adds that during a state of emergency the Chief Medical Examiner may appoint temporary county medical examiners to serve for the duration of the declared state of emergency. Requires such an appointee to have the appropriate training, education, and experience to serve as a county medical examiner during a declared state of emergency.

Part VII.

Amends the following statutes to refer to county TANF plans as being triennial instead of biennial: GS 108A-24, GS 108A-27.3, and GS 108A-27.4.

Amends GS 115C-12 which requires a document and display providing information to public school students in grades 6-12 about child abuse and neglect, by no longer requiring the information to include available resources developed under the specified statute, which included an anonymous safety tip line app.

Amends GS 110-129, which sets out and defines terms that are used in Article 9, Child Support, of GS Chapter 110 by adding and defining financial management service, internal revenue service, and offset. Amends GS 110-129.1to add to DHHS's powers and duties: (1) certify obligors to the federal Office of Child Support Enforcement (OCSE) for the Passport Denial Program (discussed below); (2) certify to the federal OCSE determinations that an obligor in a IV-D case owes support arrears in an amount equal to or greater than the federally mandated thresholds for offset of federal income tax refunds under the specified provision depending upon whether the arrears are assigned to the State; and (3) certify obligors to the federal OSCE for the Administrative Offset Program (discussed below). Enacts new GS 110-143 requiring DHHS to participate in the federal Passport Denial Program for the denial, revocation, or limitation of an obligor's passports under the specified federal provisions. Requires DHHS to annually certify to the OSCE an obligor in a IV-D case whose support arrears exceed the federally mandated threshold. Requires OSCE to then transmit the certification to the US Department of State. Sets out items that must be included in a written notice of the certification sent to the obligor. Allows the obligor, in limited circumstances, to appeal through a contested case petition with the NC Office of Administrative Hearings. Requires notifying OCSE when the obligor's support arrears are paid in full. Enacts GS 110-144 requiring DHHS to participate in the federal Administrative Offset Program for the offset of certain federal payments. Requires DHHS to annually certify to OCSE an obligor in a IV-D case whose support arrears are (1) equal to or greater than $150 if the arrears are assigned to the State and (2) equal to or greater than $500 if the arrears are not assigned to the State. Sets out items that must be included in a written notice of the certification sent to the obligor. Allows the obligor, in limited circumstances, to appeal through a contested case petition with the NC Office of Administrative Hearings. 

Amends GS 131D-10A by adding an exemption from the required training for child welfare services staff for child welfare workers who have child welfare work experience in another state and have completed child welfare training equivalent to this State's training. Makes organizational changes to the statute.

Amends GS 143B-153 by specifying that the county department of social services or a designee of the board of county commissioners set the maximum daily rate for adult day care services, adult day health services, and associated transportation services (was, they are more generally set at the local level).

Part VIII.

Makes changes in the following statues to refer to the Division of Inclusive Employment and Independence instead of the Division of Vocational Rehabilitation Services: GS 108A-26, GS 111-11.1, GS 122C-22, GS 131D-2.3, GS 143-545.1, GS 143-547, and GS 143-548.

Part IX.

Amends GS 90A-53 by amending the educational requirements to met for certification as a registered environmental health specialist  or registered environmental health specialist intern, to now require meeting any of the following combinations of education and practice: (1) graduated with a bachelor's degree or postgraduate degree from a program accredited by the National Environmental Health Science and Protection Accreditation Council; (2) graduated with a bachelor's degree or postgraduate degree and earned a minimum of 30 semester hours or 45 quarter hours in the physical, biological, natural, life, or health sciences and has one or more years of experience in the field of environmental health practice, or (3) graduated with a bachelor's degree or postgraduate degree in public health and has one or more years of experience in the field of environmental health practice. Allows issuing a certificate to a person serving as a registered environmental health specialist intern without the person meeting the full requirements for experience for a period not to exceed two years (was, three year) from the date of initial registration, as long as the person meets the educational requirements and is in the field of environmental health practice. Effective October 1, 2023.