Repeals Section 10.24 of SL 2010-13, which limited to two the number of Local Management entities (LMEs) that the Department of Health and Human Services (DHHS) was to select to implement the capitated 1915(b)(c) Medicaid waiver as a demonstration program during the 2010-11 fiscal year.
Directs DHHS to implement additional capitated 1915(b)(c) Medicaid waivers during the 2011-12 fiscal year via a request for application process for LME applicants who demonstrate readiness. Provides that the waiver program is to include all Medicaid-covered mental health, development disabilities, and substance abuse services. Makes expansion of the waiver contingent on approval by the Centers for Medicare and Medicaid Services.
Adds new subsection (g1) to GS 122C-55 to permit a facility to disclose confidential information for the purpose of collecting payment the facility is due for the cost of care, treatment, or habilitation. Makes conforming changes to GS 122C-55(g).

Repeals Part 2G (plastic bag management) of Article 9 of GS Chapter 130A, as the title indicates. Makes conforming changes to GS 130A-22 by removing related penalty provisions. Repeals Section 13.10(c) of SL 2010-31 (requiring in part that the Division of Waste Management and the Division of Environmental Assistance and Outreach monitor plastic bag use reduction resulting from Part 2G and report on the ban’s impacts to the Environmental Review Commission on or before January 15, 2012). Effective July 1, 2011.

Identical to H 299, filed 3/9/11.

Enacts new GS 58-21-3 to authorize the Commissioner of Insurance (Commissioner) to enter into cooperative or interstate agreements to establish additional and alternative nationwide uniform eligibility requirements to be applied to nonadmitted insurers (an insurer not licensed to do business as an insurer in North Carolina) domiciled in another state or United States territory.
Enacts new GS 58-21-4 to authorize the Commissioner to utilize databases and contract with nonagricultural entities to carry out the provisions of the federal Nonadmitted and Reinsurance Reform Act of 2010 (NRRA) and assist in performing the Commissioner's duties.
Amends GS 58-21-10 to add definitions for the following terms as used in Article 21 of GS Chapter 58: (1) affiliate, (2) affiliated group, (3) control, and (4) reciprocal state. Modifies the definition for nonadmitted insurer to provide that it does not include a risk retention group, as defined in GS 58-22-10(10).
Enacts new GS 58-21-11 to provide that with respect to an insured, home state means either (1) the state where an insured has its principal place of business, or if an insured is an individual, the individual's principal residence or (2) if 100% of the risk is located outside of the state that is the principal place of business or residence, then home state means the state to which the greatest percentage of the insured's taxable premium for that insurance contract is allocated. Provides that when two or more insureds from an affiliated group are named as insureds on a single nonadmitted insurance contract, then home state means the home state of the member of the affiliated group that has the largest percentage of premium attributed to it under the insurance contract.
Amends GS 58-21-15 to add as a required condition for the placement of surplus lines by a surplus lines licensee that each insurer be authorized to write the kind of insurance in its domiciliary jurisdiction.
Enacts GS 58-21-16 to provide a streamlined application process for a surplus lines licensee trying to procure or place nonadmitted insurance in this state for an exempt commercial purchaser, providing the specified conditions are met. Adds definitions for the following terms as used in this section: (1) exempt commercial purchaser and (2) qualified risk manager. Makes dollar amount adjustments to these provisions effective on the fifth January 1 that occurs after the date this statute is enacted and each fifth January 1 occurring thereafter. Also provides that dollar amounts addressed in this statute are to be adjusted to reflect the percentage change for each five-year period in the Consumer Price Index for All Urban Consumers published by the Bureau of Labor Statistics of the U.S. Department of Labor.
Enacts GS 58-21-17 to provide that nothing in Article 21 of GS Chapter 58 prohibits a surplus lines licensee from placing surplus lines insurance with alien insurers listed on the Quarterly Listing of Alien Insurers maintained by the International Insurers Department of the National Association of Insurance Commissioners (NAIC).
Amends GS 58-21-20(a) regarding a surplus lines licensee's placement of coverage with a nonadmitted insurer to prohibit the Commissioner from making an affirmative finding of acceptability of the placement with a nonadmitted insurer when the nonadmitted insurer's capital and surplus is less than $4.5 million.
Amends GS 58-21-85 to require that every person licensed under Article 21 collect and pay to the Commissioner 5% of the gross premiums charged in addition to the full amount of gross premiums charged by the insurer for insurance. Specifies guidelines governing the computation of the tax. Prohibits the surplus lines licensee from rebating any part of the tax for any reason. Provides additional details covering the collection and allocation of the tax. Authorizes the Commissioner to enter the NAIC Nonadmitted Insurance Multi-State Agreement for the purpose of carrying out the NRRA.
Amends GS 58-28-5(b) to provide that all of the provisions in Article 21 of GS Chapter 58, which relate to apportionment of premium taxes when there are multistate risks, apply to the payment of the premium tax in this subsection.
Makes conforming changes to GS 58-21-35 and GS 58-21-65(a).
Effective June 1, 2011.

Identical to H 298, filed 3/9/11.

Amends GS 58-2-69(g) to authorize the Commissioner of Insurance (Commissioner) to contract with the National Association of Insurance Commissioners (NAIC) or other parties to provide online services to applicants and licensees, for administrative services, license processing and support services, and regulatory data systems. Allows the NAIC or other contracted party to charge applicants and licensees a reasonable fee for these services, in addition to any applicable license application and renewal fees. Current law exempts contracts for these services from the provisions of Articles 3, 3C, and 8 of GS Chapter 143 (contracting requirements) and Article 3D of GS Chapter 147 (State Information Technology Services). Effective July 1, 2011.
Enacts new subsections (d), (e), (f), and (g) to GS 58-3-150 (forms to be approved by the Commissioner) to define a certificate of insurance as a document prepared or issued by an insurance company or producer used to verify or evidence the existence of property or casualty insurance coverage, but does not include a policy of insurance or insurance binder. States that a certificate of insurance does not amend, extend, or alter the coverage of the policy to which the certificate of insurance refers, and does not confer to a certificate holder new or additional rights beyond those expressly provided in the referenced policy. Makes it unlawful to knowingly prepare, issue, request, or require a certificate of insurance that (1) has not been filed with and approved by the Commissioner; (2) contains any false or misleading information; or (3) purports to alter, amend, or extend the coverage provided by the applicable insurance policy. Provides that a certificate holder will only have a legal right to notice of cancellation, nonrenewal, or any material change if the holder is named in the policy or endorsement, which requires notice. Effective October 1, 2011.
Enacts new GS 58-50-131 to prohibit any schedule of premiums for health benefit plan coverage or amendment from being used with the health benefit plan until a copy of the premium schedule or amendment has been filed with and approved by the Commissioner. Lists requirements for schedules or amendments so filed. Directs the Commissioner to approve or disapprove a schedule of premium rates within 60 days of a complete filing. Provides for notice and a hearing if the Commissioner disapproves the schedule. Requires the Commissioner to adopt rules (1) to prevent the federal preemption of health insurance regulation in North Carolina; (2) to implement the statute's provisions; and (3) to establish minimum standards for loss ratios of policies, as detailed. Effective July 1, 2011.
Enacts new GS 58-3-285 to direct an insurer who offers nondependent child coverage to offer open enrollment either continuously throughout the year or during January and July of each year. Requires this coverage to be issued without any riders based on the child's health status. Clarifies that an insurer may adjust the initial premium to the extent that the adjustment is in compliance with the applicable product's current approved rate filing. Defines terms used in the statute, and directs the Commissioner to adopt rules as necessary and proper to implement the statute. Effective October 1, 2011.
Amends GS 58-12-2 (definitions applicable to Risk-Based Capital Requirements) to add that a health organization is any insurer required by the Commissioner to use the NAIC Health Annual Statement Blank when filing the annual statement under GS 58-2-165. Clarifies that a life or health insurer, a property or casualty insurer, and a domestic insurer do not include any insurer that is required by the Commissioner to use the NAIC Health Annual Statement Blank when it files the annual statement. Makes a conforming change. Effective October 1, 2011.
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Amends GS 58-12-11(a) to add that a company action level event also occurs with the filing of a risk-based capital report that indicates the insurer has total adjusted capital that is greater than or equal to its company action level risk-based capital, as specified, in the case of a property or casualty insurer or health organization. Makes conforming and clarifying changes. Effective October 1, 2011.
Enacts new GS 58-33-27 to provide that no adjuster license is required for an individual who, in connection with insurance on portable consumer electronic devices, collects claim information from or furnishes claim information to insured parties or claimants, conducts data entry as detailed, and does not exercise discretion in the claim disposition, provided the individual is an employee of a licensee under GS Chapter 58 (Insurance Law). States that a producer acting as a supervisor is not required to be licensed as an adjuster. Defines automated claims adjudication system and portable consumer electronic devices. Applies to licenses issued on or after July 1, 2012.
Amends GS 58-33-30(e) by adding new subsection (2a) requiring adjusters who adjust federal crop insurance claims to pass a proficiency examination approved by the federal Risk Management Agency, or another approved exam, as a condition of obtaining an adjuster's license. Amends GS 58-33-30(e)(1) to exempt adjusters who adjust only federal crop insurance claims from the subsection's examination requirements, provided the adjuster is certified under proposed subsection (2a).
Amends GS 97-132 to remove language requiring approval by the Commissioner for appointments to the North Carolina Self-Insurance Security Association (Association) Board of Directors (Board). Amends GS 97-133(a)(1a) (concerning the North Carolina Self-Insurance Security Fund) to delete language providing for Fund segregation in the Board's discretion. Amends GS 97-133(a)(2a) (establishing the Association Aggregate Security System (System)) to remove provisions requiring and explaining a written plan and language referencing the Commissioner, and instead requires the System to notify the Commissioner at least 90 days before termination if the Association determines it is no longer feasible or practical to continue the System. Also directs the Association to require each member to determine annually its total undiscounted claims liability and inform the Association. Amends GS 97-134 (plan of operation) to direct the Board (instead of the Association) to adopt a Plan of Operation. Removes language and provisions requiring approval by the Commissioner. Makes additional conforming and technical changes, and makes a conforming change to GS 97-136. Amends GS 97-137 to require the Board to submit a financial report for the preceding calendar year, before June 1 (rather than March 30) of each year. Amends GS 97-185(a1)(2) to exclude individual self-insurers with a debt rating below the minimum Standard & Poor's or Moody's rating if a minimum debt rating has been established by the Board from the System. Makes these amendments effective July 1, 2011.

Identical to H 82, filed 2/10/11.

Requires the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services (Division), in consultation with the Murdoch Developmental Center, to identify funding sources available to establish a unit for step-down services from the Behaviorally Advanced Residential Treatment Program. Requires the Division to report on its progress by October 1, 2011, and quarterly thereafter until the unit is established, to the Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services.

Identical to H 83, filed 2/10/11.

Requires the Department of Health and Human Services (DHHS) to submit the following reports to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services (Committee): (1) by September 1, 2011, a report that summarizes data for the one-year period preceding the date of the report regarding the deaths of clients of a state facility that primarily provides services for the care, treatment, habilitation, or rehabilitation of persons with a mental illness, developmental disability, or substance abuse disorder and if known, the deaths of former clients of a state facility who died within 14 days of discharge from the facility and (2) annually, beginning January 1, 2011, a report on a strategic plan for organizing state and local resources to fund services to persons with a mental illness, developmental disability, or substance abuse disorder.
Amends Section 10.19A(c) of SL 2009-451 to require DHHS to submit the results of the quarterly reports from Local Management Entities to the Committee, the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Fiscal Research Division annually beginning on or before May 1, 2011 (was, report due only on May 1, 2010).
Amends GS 143C-9-2(d) to require that beginning October 1, 2011, the Secretary of the Department of Health and Human Services (Secretary) is to include information on the balance of the Trust Fund in the annual report (was, report required to include only the expenditures made during the preceding fiscal year from the Trust Fund) and adds the Committee to the report's recipients.
Amends GS 122C-102(c) to add three additional state performance measures and to require the Secretary to report on the progress in all of the performance areas to the General Assembly and the Committee every six months, beginning January 1, 2012.

Identical to H 80, filed 2/10/11.

As title indicates. Requires that the report be submitted by September 1, 2011, and annually thereafter, to the Senate Appropriations Committee on Health and Human Services, the House of Representatives Appropriations Subcommittee on Health and Human Services, and the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services.

Identical to H 78, filed 2/10/11.

Directs the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services of the Department of Health and Human Services (Division) to report by July 1, 2011, to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services (Committee) on the criteria and processes used by the Division to evaluate the fiscal, organizational, and programmatic efficacy of implementing the Critical Access Behavioral Health Agency (CABHA) provider agency model.
Directs the Division to report to the Committee semiannually, beginning October 1, 2011, on the efficacy evaluations.

Identical to H 76, filed 2/10/11.

As title indicates. Directs the Department of Health and Human Services (DHHS) to report to the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services (Committee) by September 1, 2011. Requires the revised process to ensure the following: (1) a simple, nonduplicated count of children and adults who are waiting for federally and state-funded services; (2) a research-based waiting list that accurately reflects the number of individuals waiting for services currently available in the state; and (3) data showing the number of individuals who are potentially eligible to receive services under the CAP-MR/DD waiver.
Directs DHHS to make annual reports to the Committee, beginning September 30, 2012, on the waiting list data collected from each local management entity, including an analysis of service gaps and plans to address those gaps.

Identical to H 77, filed 2/10/11.

Requires the Department of Health and Human Services (DHHS), in consultation with the NC Traumatic Brain Injury Council, to apply for a waiver from the Centers for Medicare and Medicaid Services to allow individuals who sustain traumatic brain injuries to access home and community based Medicaid services. Prohibits DHHS from submitting the application unless the General Assembly identifies a sufficient funding source to provide the match for the waiver from state appropriations earmarked for persons with traumatic brain injury.