Bill Summary for S 321 (2013-2014)

Summary date: 

Jun 27 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 321 (Public) Filed Wednesday, March 13, 2013
AN ACT TO CAP REIMBURSEMENT BY COUNTIES, TO MAKE ADDITIONAL PROVISIONS RELATING TO PAYMENT, FOR MEDICAL SERVICES PROVIDED TO INMATES IN COUNTY JAILS, TO ALLOW COUNTIES TO UTILIZE MEDICAID FOR ELIGIBLE PRISONERS, TO PROVIDE THAT VACANCIES IN THE OFFICE OF DISTRICT COURT JUDGE SHALL BE FILLED BY APPOINTMENT OF THE GOVERNOR; AND TO CREATE A PRIVATE RIGHT OF ACTION AGAINST NOTARIES WHO VIOLATE THE NOTARY PUBLIC ACT.
Intro. by J. Davis, Newton, Goolsby.

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Bill summary

House committee substitute to the 4th edition makes the following changes.

Deletes proposed GS 153A-225(a1) and instead enacts new GS 153A-225.2, Payment of medical care of prisoners, as follows. Requires counties to reimburse providers and facilities that provide requested or emergency medical care outside of the local confinement facility to prisoners or others under arrest or in the custody of county law enforcement officers. Sets the reimbursement rate as the lesser of 70% of the providers's then current prevailing charge or two times the then current Medicaid rate for any given service. Gives counties the right to audit providers who have billed for services to the extent necessary to determine the actual prevailing charge. Defines requested or emergency medical care. Does not prevent a county from contracting with a provider for services at a rate that provides greater documentable cost avoidance for the county or at rates less favorable to the county that will ensure continued access to care. Prohibits counties from avoiding payment liability by releasing a prisoner or other person in lawful custody  for the purpose of avoiding liability for medical care payment. Requires counties to make reasonable efforts to equitably distribute prisoners among all hospitals or health care facilities within the same county. Requires counties with more than one hospital or health care facility to make semiannual reports on compliance with this requirement.

Amends GS 7A-142 to provide that when filling a district judge vacancy, the Governor may select from nominations submitted by the district bar (was, vacancy must be filled by appointment of the Governor from nominations submitted by the district), with exceptions for District 9, 9B, and 18. Gives the judicial district bar 30 days to submit nominations. Deletes the requirement that the Governor appoint to fill the vacancy within 60 days after the district bar submits nominations and deletes the provision appointing the district bar nominee with the highest number of votes from the district bar when the Governor fails to make the nomination in 60 days.

Makes the effective date of Section 1 (enacting GS 153A-225.2) and Section 3 (concerning work by the Division of Medical Assistance and the Association of County Commissioners in preparing for the changes made by amendments to GS 153A-225)  September 1, 2013. Retains the effective date of changes to GS 153A-225 as July 1, 2014. Makes the remainder of the act effective when it becomes law (was, July 1, 2013).

Amends the act's titles.

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