Senate committee substitute makes the following changes to 1st edition.
Adds new section enacting GS 58-2-31 to establish the Seniors' Health Insurance Information Program within the Department of Insurance to provide the state's Medicare beneficiaries with counseling in Medicare, Medicare supplement insurance, long-term care insurance, and related health care coverage plans, effective when the act becomes law. Amends proposed GS 58-50-131, which requires Commissioner of Insurance (Commissioner) review of premium rate schedules, to delete the provision granting hearings upon Commissioner disapproval. Makes clarifying changes.
Amends proposed GS 58-33-27(b), clarifying that no adjuster license is required for an individual who, in connection solely with coverage on the repair and replacement of portable consumer electronic devices (was, in connection with insurance on the devices), collects claim information from or furnishes claim information to insured parties (was, insured parties or claimants), conducts data entry as detailed, and does not exercise discretion in the claim disposition, provided the individual is supervised by a licensed adjuster (was, provided the individual was an employee of a licensee) and there are no more than 25 individuals adjusting claims under that adjuster's supervision. Deletes language stating that a producer acting as a supervisor is not required to be licensed as an adjuster. Enacts new GS 58-33-27(c), specifying that if other property losses occur with the loss associated with the portable consumer electronic device, then the individual performing duties listed in GS 58-33-10(2) (defining adjuster) on the total loss must hold an adjuster license. Makes conforming changes.
Adds new section, amending GS 97-130 and 97-131, to remove language requiring approval by the Commissioner in those provisions of the NC Self-Insurance Security Association, effective July 1, 2011.
Makes other clarifying and organizational changes. Makes a conforming change to the title to reflect new bill content.

Enacts new Part 8 in Article 50 of GS Chapter 58, titled the North Carolina Health Benefit Exchange Act, to establish the nonprofit entity of the North Carolina Health Benefit Exchange (Exchange) and provide for its membership, authority, and requirements.
Definitions. Provides definitions applicable to new Part 8. Defines qualified health plan as a health benefit plan that meets certification criteria described in section 1311(c) of the federal Patient Protection and Affordable Care Act, as amended and criteria in GS 58-50-340 (health benefit plan certification requirements in proposed Part 8). A qualified employer is a small employer that elects to make (1) its full-time employees eligible for one or more qualified health plans offered through the SHOP exchange and (2) at the employer’s option, some, or all of its part-time employees eligible. The SHOP Exchange is the Small Business Health Options Program established in Part 8. Defines qualified individual as an individual, including a minor, who (1) is seeking to enroll in a qualified health plan offered to individuals through the Exchange; (2) resides in NC; (3) is not incarcerated at the time of enrollment, other than incarceration pending disposition of charges; and (4) is, and is reasonably expected to be, for the entire period for which enrollment is sought, a citizen or national of the U.S. or an alien lawfully present in the U.S.
Exchange. Provides that the Exchange, established under Part 8, is not an instrumentality of North Carolina. Provides that the Exchange will operate under the Exchange Board of Directors until the General Assembly determines that it is no longer in the interest of the people of the state to maintain state-based authority of the Exchange and enacts legislation to allow for federal control of this segment of the state insurance market. Requires the Exchange to make only qualified health plans available to qualified individuals and qualified employers beginning with effective dates on January 1, 2014. Permits the Exchange to allow a health carrier to offer limited dental benefits, as indicated, if the plan also provides pediatric dental benefits, as specified. Prohibits the Exchange and any health carrier from charging a fee or penalty for termination of coverage in specified circumstances.
Creates a Board of Directors (Board) of the Exchange, consisting of the Commissioner of Insurance (Commissioner) and the Director of the Division of Medical Assistance or the Director’s designee, as ex-officio nonvoting members of the Board. Provides for seven voting members of the Board with four members appointed by the Commissioner, one appointed by the Governor, one by the General Assembly on the recommendation of the Speaker of the House of Representatives, and one member appointed by the General Assembly on the recommendation of the President Pro Tempore of the Senate. Requires that each of the appointed voting members of the Board have expertise in at least two of eleven specified areas relating to health care coverage, finance, and administration. Directs each of the appointing authorities to consult with all other appointing authorities with the goal of making the Board’s composition reflect a diversity of expertise.
Directs the establishment of Five Board Advisory Committees, with a minimum of five members each, to provide technical assistance concerning the operations of the Exchange: (1) Health Carrier Advisory Committee, (2) Employer Advisory Committee, (3) Consumer Advisory Committee, (4) Producer and Navigator Advisory Committee, and (5) Provider Advisory Committee. Provides that the Commissioner select initial members to serve on each of the five Board Advisory Committees based on recommendations from stakeholder groups representing the five subject areas of interest represented by the Board Advisory Committees.
Details term lengths, the filling of vacancies, and meeting guidelines. Includes an indemnification provision for the Board and employees of the Exchange. Classifies members of the Board as public servants under GS Chapter 138A and classifies the Board as a public body under GS 143-318.10(b). Provides ethics guidelines and specifies that each Board member is to comply with all conflict of interest rules and recusal procedures set out in the Board’s Plan of Operation. Declares that each Board member has the responsibility and duty to meet the requirements of (1) proposed Part 8, (2) the Affordable Care Act, and (3) all applicable state and federal laws, rules, and regulations. Enumerates the general powers and authority of the Exchange, including the power to enter into contracts to carry out the provisions of Part 8. Lists the duties and operational requirements of the Exchange, including the directive to establish a SHOP Exchange (1) through which qualified employers may access coverage for their employees and (2) which will enable any qualified employer to specify a level of coverage so any employee may enroll in any qualified health plan offered through the SHOP Exchange at the specified level of coverage. Sets forth duties, including reporting requirements, for the Executive Director of the Exchange. Requires the Board to submit a Plan of Operation for the Exchange to the Commissioner containing specified information.
Health Benefit Plan Certification. Directs the Exchange to certify a health benefit plan as a qualified health plan if the plan meets all of the detailed requirements unless the Board determines that the health benefit plan is not in the public interest. Prohibits the Exchange from excluding a health benefit plan by imposing premium price controls. Further prohibits the Exchange from excluding a plan solely because the plan is a fee-for-service plan or because the plan provides treatments necessary to prevent patients’ deaths in circumstances the Exchange deems inappropriate or too costly. Provides additional requirements applicable to the certification of qualified health plans and includes criteria related to qualified dental plans.
Additional Provisions. Requires an annual audit of the exchange under the oversight of the State Auditor, with the audit costs reimbursed to the State Auditor from Exchange funds. Directs the Commissioner and the Board to adopt rules under GS Chapter 150B, including temporary rules, as necessary or proper to implement the provisions of proposed Part 8. Provides that rules adopted by the Board under this section are not to conflict with or prevent the application of rules adopted by the Commissioner under proposed Part 8 or under GS Chapter 58.
Reserves GS 58-50-351 through GS 58-50-349 for future codification purposes. Diverts the funding stream currently supporting the North Carolina Health Insurance Risk Pool to support the Exchange, beginning in 2014. Requires the Exchange to publish on the internet the average costs of licensing and regulatory fees, administrative costs, monies lost to fraud and waste, and any other payments. States that nothing in the act will be construed to conflict with, preempt, or supersede the Commissioner’s authority to regulate the business of insurance. Requires all health carriers offering qualified health plans to comply fully with all applicable laws, unless specifically excepted. Includes a severability clause.

Enacts new GS 143-318.12A, directing every city council and county board of commissioners (council or board) to designate by resolution a website to make information about meetings available to the public. Specifies the website designation is required only if the council or board can confirm that the website publisher meets two listed criteria. Directs the council or board to promptly provide notice of the designated website and publisher by providing a certified copy of the resolution to the Secretary of State and by prominently posting notice informing the public of the website. Sets out guidelines to follow (1) if no website publisher meets the required criteria or (2) if a qualified publisher subsequently becomes available. Permits the council or board to designate the entity’s own website to provide the required notice. Lists the required information for inclusion on the designated website: (1) the annual schedule of regular meetings and notice of meetings, (2) meeting agendas, and (3) meeting minutes.
Enacts new GS 143-318.12B to require, at least quarterly, a council or board that held a closed session during the previous three years with undisclosed minutes, to review the relevant minutes and make available to the public any portion of the previously withheld minutes now disclosable. Sets forth additional requirements and procedures for closed sessions and minutes review.
Defines city council and county board of commissioners, applicable to both proposed statutes, to include any committee or subcommittee of the council or board, but does not include any separate board or commissions of the city or county.

Identical to H 108, filed 2/15/11.

Directs the Department of Health and Human Services (DHHS) to study the recommendation, as title indicates, including a recommendation that DHHS develop a pilot program to evaluate the costs, quality, consumer satisfaction, and patient outcomes of the transitional program. Enumerates a non-inclusive list of recommendations for evaluation. Directs DHHS to report to the NC Study Commission on Aging and the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services on or before October 1, 2012.

Amends GS 18B-1104, as title indicates.

Amends GS 159-28(a) to exempt obligations and related documents approved by the Local Government Commission (Commission) from the requirement that an obligation evidenced by a contract or agreement requiring a monetary payment, or a purchase order for goods must include on its face a certificate stating that the contract, agreement, or purchase order has been pre-audited to ensure compliance with this subsection.
Amends GS 159-54 to provide that a bond order is to be introduced before the governing board of the issuing unit after or at the same time the publication of the notice of intent to make application to the Commission is approved by the governing board of the issuing unit (was, after or at the same time the application is filed and accepted for submission to the Commission).
Amends GS 159-56 to modify the statement appended to the bond order as introduced, deleting the requirement that the statement showing the appraised value and the net debt of the issuing unit include the proposed bonds. Provides that the statement include the net debt after the issuance of the proposed bonds on the statement if the bond order is adopted.
Enacts new GS 159-42 regarding the timely payment of bonds. Provides that this section applies to bonds issued by a local unit of government where in the bond order, bond resolution, or trust agreement authorizing or securing the bonds and at the time the bonds were issued, the governing board of the unit has expressly and irrevocably elected to have the provisions of this section apply and the debt service schedule for the bonds has been received by the State Treasurer. Provides that this section doesn’t apply to any other obligations of a unit of local government. Provides additional guidelines and criteria regarding the timely payment of bonds and the business efforts.
Amends the definition in GS 159I-30(g)(3) for the term project, defining it to refer to any capitol cost described in GS 159-48(b), (c), or (d) other than the capital cost described in GS 159-48(d)(21). Deletes from the definition of project terms dealing with water supply systems and varied water projects as defined in SL 1998-132, and deletes, with respect to a city, any service or facility authorized by GS 160A-536 and provided in a municipal service district.
Includes a severability clause.

As title indicates. Requires the Environmental Review Commission (ERC) to evaluate all issues pertaining to the consolidation of the roles and duties of current multiple environmental boards, commissions, and councils. Establishes seven other issues that the ERC may consider. Requires the ERC to report its findings and recommendations by the convening of the 2012 Regular Session of the General Assembly. Requires the study to be funded from funds available to the General Assembly for the 2011-12 fiscal year. Effective July 1, 2011.