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  • Summary date: May 27 2020 - View Summary

    Part I

    Section 1.1

    Amends GS 122C-3(12a) to define developmental disability to include a severe, chronic disability of a person that is attributable to a mental or physical impairment or combination of mental and physical impairments (rather than attributable to one or more impairments), among other existing criteria.

    Section 1.2

    Amends GS 122C-112.1(a)(34) to no longer require the Secretary of the Department of Health and Human Services (Secretary; DHHS) to adopt rules to implement a co-payment graduated schedule to be used by LMEs and by specified contractual provider agencies. Instead, requires the Secretary to adopt a co-payment schedule for behavioral health services, intellectual and developmental disabilities services, and substance abuse disorder services based on the Medicaid co-payments for the services, to be used by LMEs and the specified contractual provider agencies. Makes conforming changes.

    Section 1.3

    Amends GS 122C-23(f) to specify that an appeal of a good cause waiver of the implementing rules of Article 2, GS Chapter 122C, regarding licensure of facilities for the mentally ill, developmentally disabled, and substance abusers must be filed as a contested case under Article 3 of GS Chapter 150B, which governs administrative hearings.

    Section 1.4

    Amends GS 122C-263.1 to authorize the Secretary to certify a licensed clinical mental health counselor, rather than a licensed professional counsellor, to perform first examinations for involuntary commitment, subject to existing specifications. Makes conforming changes.

    Section 1.5

    Amends Section 3F.1 of SL 2020-3, which authorizes the use of telehealth to conduct first and second involuntary commitment examinations regarding substance abuse disorders. Expands the authorization to allow for the use of telehealth equipment and procedures to conduct the first examination of a respondent required by GS 122C-263(a) to determine whether the respondent will be involuntarily committed due to mental illness.

    Section 1.6

    Directs the Secretary to convene a work group to evaluate and make recommendations about updating the purpose, composition, powers, and duties of the Brain Injury Advisory Council, as specified. Provides for the composition of the work group and requires the work group to report to the specified NCGA committee by March 1, 2021.

    Section 1.7

    Amends GS 122C-112.1, as amended, to authorize the Secretary to adjust the base budget allocations relative to single stream funding for LME/MCOs, beginning with the 2020-21 fiscal year, so long as the Secretary reports the adjustment with support documentation to the specified NCGA committee and division within 10 business days. Effective July 1, 2020.

    Section 1.8

    Requires DHHS to ensure that LME/MCOs use out-of-network agreements with single providers of behavioral health or intellectual and developmental disability services to ensure access to care required by federal law, effective until tailored plan coverage under GS 108D-60 begins. Provides parameters for the out-of-network agreements.

    Requires LME/MCOs to use out-of-network agreements when an enrollee is a foster child or independent foster care adolescent and receiving services from a provider that does not have a comprehensive provider contract the the LME/MCO. Bars LME/MCOs from capping the number of these agreements.

    Requires LME/MCOs to use out-of-network agreements rather than a comprehensive provider contract when all of the four specified conditions are met, including that the services requested are medically necessary and cannot be provided by a provider in its closed network, and the behavioral health or developmental disabilities provider is serving no more than two enrollees of the LME/MCO.

    Specifies that the provisions do not cap permitted out-of-network agreements an LME/MCO can have in place with a behavioral health or developmental disabilities provider.

    Deems any provider enrolled in the NC Medicaid program that provides services under an out-of-network agreement is considered a network provider under GS Chapter 108D only as it relates to enrollee grievances and appeals for those services.

    Part II

    Section 2.1

    Makes technical corrections to GS 130A-248, regarding the regulation of food and lodging establishments.

    Section 2.2

    Amends GS 130A-280, regarding the scope of the regulation of public swimming pools, to include spas operating for display at temporary events in the defined scope of regulation.

    Section 2.3

    Amends GS 130A-382, modifying and expanding qualifications for appointment as a county medical examiner to include: retired physicians previously licensed to practice in the State (previously not included); physician assistants, nurse practitioners, or nurses licensed to practice in the State (previously did not specify NC licensed); emergency medical technical paramedics credentialed under GS 131E-159 (previously did not specify NC credentialed); medicolegal death investigators certified by the American Board of Medicolegal Death Investigators (previously not included); pathologists' assistants (previously not included); and licensed dentists (previously not included. Maintains that preference be given to physicians licensed to practice medicine in the State.

    Section 2.4

    Further, amends GS 130A-382 to authorize the Chief Medical Examiner to appoint temporary county medical examiners, as defined, to serve for the duration of a state of emergency declared by the Governor, the NCGA, or the governing body of a county or municipality. 

    Section 2.5

    Enacts GS 130A-386.5 to establish confidentiality for death investigation information and records provided to the Office of the Chief Medical Examiner (Office) or the Office's agents to the same extent of confidentiality the information and records had while in possession of the city, county, or other public entity which provided them. Deems the information and records not public records when provided to the Office unless they otherwise constitute public records while in the possession of the city, county, or other public entity. 

    Part III

    Enacts GS 126-5(c16), establishing that the Council of State agencies, the Office of State Controller, DHHS, the Community College System Office, and the UNC System have sole authority and discretion over the following actions concerning their respective personnel: (1) classifying new positions or reclassifying vacant positions within the classification system adopted by the State Human Resources Commission or as prescribed by law, (2) making hiring decisions based on the flexibility provided by the subsection, and (3) determining the appropriate salary for their respective employees so long as funding is available within the budgeted salary appropriated to the agency and the salary remains in the salary range associated with the classification or as prescribed by law. Requires the human resources director for each State agency to ensure that each new hire employed pursuant to the classification and salary administration flexibility granted by the subsection meets the minimum qualifications for the position. Directs the Office of State Human Resources to provide assistance to agencies upon request. Effective July 1, 2020.

    Part IV

    Appropriates $17,696 in nonrecurring funds from the General Fund to DHHS to support the Council on Developmental Disabilities. Effective July 1, 2020. 

    Part V

    Effective October 1, 2020, unless otherwise provided.