Bill Summary for H 734 (2021-2022)

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Summary date: 

Apr 29 2021

Bill Information:

View NCGA Bill Details2021
House Bill 734 (Public) Filed Wednesday, April 28, 2021
AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO "LAWS PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES; PROTECTING NORTH CAROLINA CITIZENS FROM THE UNLICENSED OPERATION OF MENTAL HEALTH FACILITIES OR PROGRAMS PROVIDING SERVICES REQUIRING A LICENSE UNDER ARTICLE 2 OF CHAPTER 122C OF THE GENERAL STATUTES; AND MODIFYING THE CONSUMER AND FAMILY ADVISORY COMMITTEES.
Intro. by Potts, Stevens.

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Bill summary

Amends GS 122C-3, by amending the definition of developmental disability, as it is used in the Mental Health, Developmental Disabilities, and Substance Abuse Act of 1985, so that it is a severe, chronic disability attributable to mental or physical impairment or a combination of mental and physical impairments (was, attributable to one or more impairments); maintains the other required components to meet the definition.

Amends GS 122C-23 to provide that decisions on the waiver of any of the rules on the licensure of facilities for the mentally ill, the developmentally disabled, and substance abusers may be appealed by filing a contested case under Article 3 of GS Chapter 150B.

Amends GS 122C-112.1 to require the Secretary of Health and Human Services to adopt a copayment schedule for behavioral health services, intellectual and developmental disabilities services, and substance use disorder services based on the Medicaid copayments for those services (was, adopt rules for the implementation of a co-payment graduated schedule) to be used by LMEs and by contractual provider agencies. Makes conforming changes.

Amends GS 122C-171 by amending the membership of the State Consumer and Family Advisory Committee as follows. Removes the appointment of three members by the Council of Community Programs. Increases by one the number appointed by the President Pro Tempore of the Senate and the number appointed by the Speaker of the House of Representatives; requires that two (was, one) of the members appointed by the President Pro Tempore be from the western region of the state and that two (was, one) of the members appointed by the Speaker of the House be from the central region of the state. Increases by one the number of members appointed by the NC Association of County Commissioners and requires that two (was, one) of those members be from the eastern region of the state.

Amends GS 122C-255 by adding to the items that must be included in the report from each 24-hour facility that (1) falls under the category of nonhospital medical detoxification, facility-based crisis service, or inpatient hospital treatment; (2) is not a State facility under the  jurisdiction of the Secretary of Health and Human Services; and (3) is designated by the Secretary of Health and Human Services as a facility for the custody and treatment of individuals under a petition of involuntary commitment. Requires the report to also include: (1) the transportation method used by individuals admitted under a petition of involuntary commitment to the 24-hour facility and (2) the number of individuals moved to voluntary status at any time between arrival at the 24-hour facility and completion of the required 24-hour examination. 

Amends GS 122-263 and GS 122C-283 (concerning the first exam) to allow the use of telehealth (was, telemedicine) in the exams that are required before involuntary commitment. Defines telehealth as the use of two-way, real-time interactive audio and video where the respondent and commitment examiner can hear and see each other. Amends GS 122-266 and GS 122C-285 by adding that the second examination of a respondent to determine whether the respondent will be involuntarily committed due to mental illness may be conducted either in the physical face-to-face presence of a physician or using telehealth equipment and procedures, if the physician who examines the respondent by telehealth is satisfied to a reasonable medical certainty that the determinations made in accordance with the statute would not be different if the exam had been done in the physician's physical presence. When an examining physician is not so satisfied, the physician must note that the exam was not satisfactorily accomplished, and the respondent must be taken for a face-to-face exam.

Amends GS 130A-248 by correcting an internal cross-reference and making a technical change.

Amends GS 130A-280 by defining public swimming pool, for the purposes of Article 8 (sanitation) as including spas operated for display at temporary events.