Bill Summary for H 822 (2019-2020)

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Summary date: 

Jul 31 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 822 (Public) Filed Tuesday, April 16, 2019
AN ACT TO REVISE THE STATE PLAN FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE TO ENSURE THE STATE DEVELOPS A COMPREHENSIVE PLAN THAT PROVIDES A MISSION, A VISION, GOALS, OBJECTIVES, OVERSIGHT, AND ACCOUNTABILITY FOR THE BEHAVIORAL HEALTH CARE SYSTEM IN THIS STATE.
Intro. by Insko, Ball, Quick.

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Bill summary

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

Part I.

Modifies and adds to the legislative findings regarding the need for a Comprehensive Plan for the publicly funded (rather than State-funded) behavioral health system. Adds an express directive requiring the Department of Health and Human Services (DHHS) to produce a Comprehensive Plan for the Publicly funded Behavioral Health System (Comprehensive Plan). Makes conforming changes throughout the act to refer to the publicly funded behavioral health system and publicly funded behavioral health services. 

Amends proposed GS 122C-102A to modify the purpose of the Comprehensive Plan, now establishing the purpose to be to provide a framework to ensure DHHS can oversee and monitor publicly funded behavioral health services, including Medicaid and NC Health Choice, county-funded programs, and federally funded programs (previously, to oversee and monitor Medicaid, NC Health Choice, and other State-funded behavioral health services, managed by LME/MCOs and health care providers). Changes the Comprehensive Plan submission requirements, now requiring DHHS to submit an initial Comprehensive Plan for review by the Joint Legislative Oversight Committee on Health and Human Services (Committee) by January 31, 2020, followed by annual updates each subsequent year (previously, required annual submission by January 31 of each year, rather than updates after an initial submission, and included submission to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice in addition to the Committee). Now requires DHHS to ensure that all stakeholders, including prepaid health plans, are fully engaged in developing the mission, vision, goals and objectives of the Comprehensive Plan (previously, required DHHS to facilitate stakeholder cooperation and support and did not specifically include prepaid health plans).

Regarding the content of the Comprehensive Plan, specifies that all components of the Plan are to be developed by DHHS with input from stakeholders. Modifies the required content as follows. Now requires that the Comprehensive Plan more specifically include a 10-year vision of a future State behavioral health system if the mission of the Comprehensive Plan is achieved, to be reviewed every three years and updated as appropriate to meet the State's needs and expectations (previously, did not require regular review and updates). Additionally, requires the three-year goal statements to be reviewed annually and updated as appropriate. Directs DHHS to submit updated objectives with the annual updates of the Comprehensive Plan submitted to the Committee. No longer requires the Comprehensive Plan to include activities to be undertaken to obtain the objectives. Concerning the assessment required in order to develop the Comprehensive Plan, adds staffing levels, training, and competency prepaid health plans to the required components of the assessment. Also requires assessment of access to behavioral health services provided by specific standards that can include six identified standards or others, as determined by DHHS (rather than services provided the most appropriate provider measured by at least four specified standards). Also requires the assessment to include the need and utilization of the behavioral health system by funding source, as well as coordination and integration of behavioral health care services that includes communication with, from, and between providers, LME/MCOs, and prepaid health plans (previously, only with, from, and between providers). Makes further clarifying and technical changes.

No longer explicitly requires DHHS to identify a third-party vendor to assist in completion of the Comprehensive Plan in the event DHHS cannot complete the Plan in a timely manner. Now establishes a deadline by which DHHS must report to the Committee a pre-identified third-party vendor's completed Comprehensive Plan in the event DHHS determines by December 1 that the deadline will not be met, setting the reporting deadline for January 31, 2020 (previously, required DHHS to notify the Committee and the Joint Legislative Oversight Committee on Medicaid and NC Health Choice of the need for a third-party vendor and the anticipated deadline for completion of the Comprehensive Plan). 

Part II.

Makes further conforming changes to refer to the Comprehensive Plan for the Publicly funded Behavioral Health System in proposed GS 122-3(8b), GS 122C-112.1, and GS 122C-171. Also makes technical changes to proposed GS 122-3(8b) and the lead-in language to the proposed changes to GS 122C-55.

Further amends GS 122C-112.1, adding to the DHHS Secretary's duties a charge to provide a detailed overview of the monitoring and oversight process to be in place for prepaid health plans as it applies to management of services for individuals with mental illness, intellectual and other developmental disabilities, traumatic brain injury, and substance use disorders.