Bill Summary for S 212 (2019-2020)

Summary date: 

Jun 27 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
Senate Bill 212 (Public) Filed Monday, March 11, 2019
AN ACT REQUIRING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO POSTPONE DEPLOYMENT OF THE NORTH CAROLINA FAMILIES ACCESSING SERVICES THROUGH TECHNOLOGY (NC FAST) SYSTEM AS RELATED TO CASE-MANAGEMENT FUNCTIONALITY FOR THE CHILD WELFARE SYSTEM AND AGING AND ADULT SERVICES' PROGRAMS, ENHANCING THE EARLY CHILDHOOD WORKFORCE, POTENTIAL DELAY FOR MEDICAID AND NC HEALTH CHOICE TRANSFORMATION, AUTHORIZING ADULT CARE HOMES TO USE SERVICE PLANS COMPLETED AS THE RESULT OF A MEDICAID PERSONAL CARE SERVICES ASSESSMENT TO FULFILL THE ACTIVITIES OF DAILY LIVING PORTION OF THE REQUIRED SERVICE PLANS OR CARE PLANS FOR ADULT CARE HOME RESIDENTS, AND AMENDING ASSISTED LIVING ADMINISTRATOR CERTIFICATION QUALIFICATIONS.
Intro. by Krawiec, Hise.

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Bill summary

House committee substitute makes the following changes to the 3rd edition.

Reorganizes the existing provisions under Part I and adds the following provisions.

Part I.

Now prohibits the Department of Health and Human Services (DHHS) from deploying the child welfare case-management component of the NC FAST system statewide prior to May 1, 2020 (was, October 1, 2019).

Directs the Joint Legislative Program Evaluation Oversight Committee to revise the 2019-20 work plan for PED to include a study of the case management functionality of the child welfare component of NC FAST. Directs PED to submit its evaluation to the specified NCGA committees by May 1, 2020.

Part II.

Amends GS 110-91(8) (mandatory standards for staff in child care facilities) by increasing the requirements for lead teachers in and operators of child care centers.  Lead teachers must obtain at minimum a North Carolina Infant-Toddler Certificate or Preschool Certificate or its equivalent, replacing the previous minimum of an Early Childhood Credential, which teachers must also have; provides a timeline for when these requirements must be met depending on the teacher's hiring date.  Changes requirements for operators from a minimum of a high school diploma to a new minimum of an Early Childhood Credential before receiving a license and mandates the attainment of an Infant-Toddler or Preschool Certificate within 18 months of receiving a license, effective January 1, 2020.  Provides that operators of a family child care home licensed prior to January 1, 2020, have until July 1, 2021, to obtain the necessary certificate.  

Requires the Division of Child Development and Early Education (Division) to define the knowledge requirements for early childhood educators by establishing expected competencies for lead teachers. Requires that the competencies be based on findings from the specified report and competencies. Requires competencies to be graduated and tied to the certificates and degrees offered within North Carolina's community colleges and colleges and universities, specifically the specified certificates and degrees. Requires the Division to collaborate with the North Carolina Community College System Office to develop or revise a standardized process for early childhood educators to demonstrate their ability to meet the competencies found in all courses included in either the Infant-Toddler or Preschool Certificate. Requires that the process be available to support early childhood educators who choose not to attend or return to college to earn the required certificate or degrees for lead teachers. 

Directs the Division, on or after July 1, 2020, to develop and implement a program to encourage higher levels of teacher education by raising salaries and education requirements, and tying salaries to the type of degree attained.  Directs the Division to submit a progress report by March 1, 2020, to the Joint Legislative Oversight Committee on Health and Human Services.

Directs the Division to conduct a feasibility and cost study for development of a pilot program modeled after the North Carolina prekindergarten (NC Pre-K) program for classrooms for children birth through 3 years of age.  Requires the model to focus on, at a minimum, several criteria, such as teachers with degrees; use of curriculum assessments; improved student-teacher ratios; payment rates, training, recruitment, and monitoring; and an ongoing evaluation program to measure educational outcomes.

Directs the Division to submit a report on the study to the 2020 Regular Session of the 2019 General Assembly by April 1, 2020.  

Requires the Division to report on the status of the early childhood workforce every three years and requires the report to include information on the educational status and compensation of all lead teachers and other teaching staff enrolled in licensed child care programs in the state. Requires the report to be submitted to the specified NCGA committee by January 1, 2021, and every three years thereafter. 

Part III.

Provides that if House Bill 966 (2019 Appropriations Act) does not become law by July 15, 2019, then  the Department of Health and Human Services (DHHS) must delay until March 1, 2020, the implementation of the Medicaid and NC Health Choice transformation required by SL 2015-245, as amended, and by the 1115 demonstration waiver. 

Part IV.

Amends GS 131D-2.15 to remove the requirement of DHHS to ensure that adult care home facilities conduct and complete a resident assessment annually subsequent to within 72 hours after admission. Now requires the facility to use an assessment instrument approved pursuant to rules adopted by the Medical Care Commission rather than approved by the Secretary upon the advice of the Director of the Division of Aging and Adult Services. Now requires the facility to conduct an assessment to develop appropriate and comprehensive service plans and care plans within 30 days of admission (was, to use the resident assessment to develop the plans, with no distinct time frame). Now permits a facility to use a service plan that was completed within 35 days of the resident's admission to the facility and represents the results of an assessment to determine the resident's eligibility for personal care services under the Medicaid State Plan to fulfill the activities of daily living portion of any service plan or care plan required under the statute, as amended, or any rules adopted under Article 1, Adult Care Homes; exempts such a facility from conducting an assessment of the resident's ability to perform activities of daily living within 30 days of resident admission. Makes organizational and clarifying changes to the statute.

Amends GS 90-288.14 by amending the requirements for certification as an assisted living administrator by (1) requiring that an individual not have a substantiated finding of neglect, abuse, misappropriation of property, diversion of drugs, or fraud listed on the Health Care Personnel Registry; (2) requiring the individual to have a high school diploma or its equivalent and successfully completed the equivalent of two years of coursework at an accredited college or university or has a minimum of 60 months of supervisory experience, or has a combination of education and experience (was, successfully completes the equivalent of two years of coursework at an accredited college or university or has a combination of education and experience). Defines supervisory experience.  

Makes conforming changes to the act's titles. 

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