Senate committee substitute deletes the provisions of the 2nd edition and now provides the following.
Part I.
Amends GS 131E-176, which sets outs defined terms applicable to Article 9, Certificate of Need. Changes the definition of diagnostic center to mean specified facilities in which the total cost of all the medical diagnostic equipment utilized by the facility which costs $10,000 or more exceeds $1.5 million (was, $500,000). Modifies the term major medical equipment to mean a single unit or system of use to provide medical and other health services which costs more than $2 million (was, $750,000); provides that beginning September 30, 2022, and annually thereafter, the cost threshold set forth is to be adjusted using the Medical Care Index component of the CPI as specified. Modifies the term new institutional health services to include the obligation of any person of a capital expenditure exceeding $4 million (was, $2 million) to develop or expand a health service or a health service facility or which relates to the provision of health service. Makes further technical, clarifying, and conforming changes.
Amends GS 131E-184, which provides exemptions from certificate of need review if certain conditions are met, making conforming changes to subsections (e) and (g) to reflect the now $4 million capital expenditure threshold set forth in GS 131E-176, as amended, related to new institutional health services. Additionally, requires the Department of Health and Human Services (DHHS) to exempt from certificate of need review the replacement, renovation, or relocation of services or facilities that already have a certificate of need.
Amends GS 131E-189, deeming a certificate of need for the construction of a health service facility to expire if the holder of the certificate fails to initiate construction of the project authorized by the certificate of need within (1) four years, for projects that cost over $50 million or (2) two years, for projects that cost $50 million or less. Further, establishes that a certificate of need that has not been used at any point in the immediately previous 12 months will expire.
Amends GS 131E-147 to require all initial applications and renewal applications for a certificate of need to state the number of procedure rooms on, and the number and type of procedures performed at, the premises named in the application.
Effective January 1, 2020.
Part II.
Further amends GS 131E-176, removing psychiatric facility and chemical dependency treatment facility from the definition of health service facility and health service facility bed. Further amends the definition of the term new institutional health services to no longer include the conversion of a specialty ambulatory surgical program to a multispecialty ambulatory surgical program or the addition of a specialty to a specialty ambulatory surgical program.
Further amends GS 131E-184 to eliminate the conditions set forth to qualify for the exemption for the certificate of need review for any conversion of existing acute care beds to psychiatric beds, now providing for a blanket exemption. Adds new subsection (j) to require DHHS to exempt from certificate of need review the development, acquisition, construction, expansion, or replacement of a health service facility or health service that obtained certificate of need approval prior to October 1, 2019, as a psychiatric facility or a chemical dependency treatment facility. Adds new subsection (k) to require DHHS to exempt from certificate of need review the establishment of a home health agency by a licensed continuing care retirement community to provide home health care services to one or more residents of the retirement community who have entered into a contract with the retirement community to receive continuing care services with lodging. Requires the continuing care retirement community to obtain a certificate of need if developing or offering services to any individual not a resident of the retirement community under a contract to receive continuing care services with lodging. Explicitly does not exempt from the State's home health agency licensure and certification requirements a continuing care retirement community that has been exempted from certificate of need review for the provision of home health services to one or more residents pursuant to new subsection (k). Provides that new subsection (k) applies to continuing care retirement communities engaged in the direct provision of home health services 18 months after the act becomes law.
Amends Section 12F.4(b) of SL 2016-94, which requires the DHHS Secretary to select hospitals in the three State regions for institutional services to receive funds from the Dorthea Dix Hospital Property Fund for the construction or conversion of short-term, inpatient behavioral health beds in rural areas. Modifies the conditions of hospital funding, now requiring each selected hospital to reserve at least 25%, rather than 50%, of the constructed or converted beds for purchase by DHHS under the State-administered, three-way contract, and referrals by local management entities/managed care organizations for individuals who are indigent or Medicaid recipients. Maintains the remaining requirements and limitations.
Effective 18 months after the date the act becomes law.
Part III.
Amends GS 131E-184, as amended, to require DHHS to exempt from certificate of need review the development, acquisition, construction, expansion, or replacement of a health service or health service facility that obtained certificate of need approval before October 1, 2019, as a kidney dialysis treatment center if the health service or health service facility is located in a county with a population greater than 300,000. Effective three years after this act becomes law.
Part IV.
Includes a severability clause.
The Daily Bulletin: 2019-07-15
Printer-friendly: Click to view
The Daily Bulletin: 2019-07-15
| Intro. by Murphy, Dobson, Potts, Sasser. | GS 131E |
The Daily Bulletin: 2019-07-15
House committee substitute to the 3rd edition makes the following changes.
Part I. Requirements for School Safety For All Public Schools
Makes technical changes to proposed GS 115C-75.9(h1).
Part II. Clarify the Powers and Duties of the Center for Safer Schools
Makes technical changes to proposed GS 115C-105.57(c)(3).
Part III. State of Emergency Operational Status Reporting
Expands proposed GS 115C-105.50, requiring each public school unit in the county under a state of emergency to report the operational status of all schools in the unit's jurisdiction to the Department of Public Safety (DPS), Division of Emergency Management and the local emergency management agency of that county, in addition to the local board of county commissioners or designee, as long as the countywide state of emergency is in place.
Part IV. School Resource Officer Defined/Training Standards/Reports
Modifies new GS 115C-105.70, defining a school safety resource officer as a law enforcement officer who is assigned to one or more public schools within a public school unit for at least 20 hours per week for more than 12 weeks per calendar year to assist with previously specified responsibilities related to school safety and security (previously, did not specify that the minimum hour requirement must be met for more than 12 weeks per calendar year). Now requires school safety resource officers to comply with initial training standards within one year of assignment (was, before service). Changes the applicability provisions to now specify that new GS 115C-105.70 applies to school resource officers assigned on or after January 1, 2020 (previously, applied to school safety resource officers employed beginning with the 2020-21 school year), and requires all school resource officers assigned on January 1, 2020, to complete the initial training no later than December 31, 2020.
Part V. School Building Vulnerability Assessment
Modifies new GS 115C-105.52A, directing the Center for Safer Schools (Center) to collaborate with DPS, in addition to the Division of School Operations, to develop a facility vulnerability assessment tool.
Adds new Part VI. Threat Assessment Teams.
Enacts GS 115C-105.60 in Article 8C. Sets forth defined terms. Requires public school units to adopt, at a minimum, the policies for establishing threat assessment teams consistent with the model policies developed by the Center pursuant to GS 115C-105.57(c). Defines threat assessment team to mean a team that includes persons with expertise in counseling, instruction, school administration, and law enforcement that conducts threat assessments in a public school unit when a threat has been communicated. Requires the policies to include the conduct of threat assessments and intervention with individuals whose behavior may pose a risk to the safety of school staff or students; prohibits the policies from including information that is not public record under state law. Permits superintendents or their designees to establish a committee charged with coordination and monitoring of the threat assessment teams, or charge an existing committee. Mandates that each school in the public school unit have a threat assessment team established by the superintendent. Grants the superintendent discretion in establishing a threat assessment team that can serve more than one school in the unit. Details five duties of threat assessment teams, including conducting threat assessments when a threat has been communicated to determine appropriate actions and intervention based on the level of risk determined by the assessment, ranging from low risk to imminent risk, as described, permitting consultation with the State Bureau of Investigation as needed. Sets out the practice for the threat assessment team to immediately notify the superintendent or the superintendent’s designee upon a determination that an individual poses a high risk or imminent risk of violence or physical harm to self or others (as described), and details the required response(s) of the superintendent or the designee upon such report, including immediate attempts to notify the student’s parent or legal guardian. Clarifies that public school personnel are not precluded from acting immediately to address an imminent risk. Details reporting responsibilities when the threat assessment team recommends that the student be referred to mental health services, including notification of the student's parent or legal guardian that with their consent, if the student is uninsured or is covered by Medicaid and not enrolled in a prepaid health plan, then the superintendent or designee must make a referral that includes the parent or legal guardian's information to the local management entity/managed care organization (LME/MCO) that serves the catchment area where the student resides. Establishes reporting requirements for each threat assessment team established to the Center. Provides for attainment of health records and criminal records upon a determination by the threat assessment team that an individual poses an imminent risk. Provides for confidentiality of records obtained, only allowing release in connection with an emergency under the standards of the federal Family Educational and Privacy Rights Act. Establishes civil immunity for the governing body of a public school unit, its members, employees, designees, agents, and volunteers for acts or omissions relating to the participation in or implementation of any component of the required threat assessment team policies, less acts amounting to gross negligence, wanton conduct, or intentional wrongdoing. Directs all public school units to establish policies and threat assessment teams no later than March 1, 2020.
Enacts GS 143B-931.1, authorizing the Department of Public Safety to provide criminal record checks to members of a threat assessment team pursuant to GS 115C-105.76. Reiterates confidentiality requirements of threat assessment team members.
Amends GS 115C-47 to require local boards of education to require peer-to-peer student support programs be established at all school with grades six and higher, and to encourage local boards to implement the support programs as appropriate in other grades. Amends GS 115C-316.1 to require school counselors to coordinate and provide training for students in peer-to-peer student support programs that address conflict resolution, general health and wellness, and mentoring. Provides that the Center will support school counselors in the administration and delivery of these support programs. Applies beginning with the 2020-21 school year; encourages local boards to have peer-to-peer student support programs by the 2019-20 school year.
Amends GS 115C-105.57, as amended, adding the development of policies for threat assessment teams to the duties of the Center. Details the policies' minimum requirements, including involvement of the student's parent or legal guardian throughout the threat assessment process and referral to LME/MCOs for evaluation or treatment, when appropriate. Requires the policies to be developed by the Center by December 31, 2019.
Amends GS 122C-115.4 to require LME/MCOs to receive referrals from school superintendents or their designees related to students who are uninsured or are covered by Medicaid and not enrolled in a prepaid health plan residing in that LME/MCO's catchment area, pursuant to new GS 115C-105.60, and within 10 calendar days, contact the student's parent or legal guardian and provide assistance with identifying appropriate existing mental health resources available to the student, including identifying financial assistance.
Applicable beginning with the 2019-20 school year.
Makes conforming changes to the act's long title.
House committee substitute to the 2nd edition makes the following change. Makes the act effective August 1 (was, December 1), 2019.
| Intro. by Krawiec, Sawyer, Ballard. | GS 14 |
House committee substitute to the 2nd edition makes the following changes.
Changes the effective date of the act from July 1, 2019, to September 1, 2019.
| Intro. by Wells, Brown. | GS 146 |
Senate amendment makes the following changes to the 2nd edition.
Part I
Modifies and adds to the appointments of the President Pro Tempore as follows. Makes a technical correction to the residency provided for the appointment of Sherry Everett to the Domestic Violence Commission. Changes the term set forth for the appointment of Larry Pierce to the Domestic Violence Commission, now providing for the term to expire August 31, 2020 (was, 2021). Changes the term set forth for the appointments of David Anderson and Dr. Donald van der Vaart to the Environmental Management Commission, now providing for the terms to expire July 31, 2023 (was, 2021). Modifies the appointment to the NC Professional Educator Preparation Program and Standards Commission, effective September 1, 2019, now separating the appointments for terms expiring August 31, 2020, and August 31, 2021, as specified (previously, all appointments to the Commission expired July 31, 2021). Corrects the name of the appointment to the Public Officers and Employees Liability Insurance Commission. Adds an appointment to the Board of Trustees of the State Health Plan for Teachers and State Employees, expiring on June 30, 2021.
Part II
Appoints the specified persons to the following boards and commissions upon the recommendation of the Speaker of the House of Representatives, effective on the specified date, with terms expiring as provided: the 911 Board; the Acupuncture Licensing Board; the African-American Heritage Commission; the NC Agricultural Finance Authority; the NC Brain Injury Advisory Council; the State Building Commission; the Centennial Authority; the NC Center for the Advancement of Teaching Board of Trustees; the NC Charter Schools Advisory Board; the NC Child Care Commission; the State Board of Chiropractic Examiners; the Clean Water Management Trust Fund Board of Trustees; the Coastal Resources Commission; the NC Code Officials Qualification Board; the Crime Victims Compensation Commission; the NC Criminal Justice Education and Training Standards Commission; the Criminal Justice Information Network Governing Board; the Domestic Violence Commission; the NC Education and Workforce Innovation Commission; the NC Board of Electrolysis Examiners; the NC Emergency Medical Services Advisory Council; the Environmental Management Commission; the NC Global TransPark Advisory Board of Directors; the Governor's Crime Commission; the NC Home Inspector Licensure Board; the NC Housing Finance Agency Board of Directors; the NC Institute of Medicine Board of Directors; the Justus-Warren Heart Disease and Stroke Prevention Task Force; the NC Locksmith Licensing Board; the NC Marine Industrial Park Authority; the Board of Nursing; the NC Oil and Gas Commission; the NC On-Site Wastewater Contractors and Inspectors Certification Board; the NC Parks and Recreation Authority; the Permanency Innovation Initiative Oversight Committee; the NC Principal Fellows Commission; the Private Protective Services Board; the NC Professional Educator Preparation and Standards Commission; the Property Tax Commission; the Public Officers and Employees Liability Insurance Commission; the NC Railroad Company Board of Directors; the NC Recreational Therapy Licensure Board; the Rules Review Commission; the Rural Infrastructure Authority; the NC Board of Science, Technology, and Innovation; the NC Board for Licensing Soil Scientists; the State Fire and Rescue Commission; the State Health Plan for Teachers and State Employees Board of Trustees; the NC State Ports Authority; the State Water Infrastructure Authority; the NC Supplemental Retirement Board of Trustees; the Teachers' and State Employees' Retirement System Board of Trustees; the NC Teaching Fellows Commission; the UNC Center for Public Television Board of Trustees; the Well Contractors Certification Commission; and the NC Wildlife Resources Commission.
Makes conforming changes to the act's long title and whereas clauses.
| Intro. by Rabon. | UNCODIFIED |
The Daily Bulletin: 2019-07-15
The Daily Bulletin: 2019-07-15
Actions on Bills: 2019-07-15
H 50: ALLOW HYPERBARIC OXYGEN THERAPY FOR TBI/PTSD.
H 108: PED/SAFEKEEPER HEALTH CARE COST RECOV. PRACT.
H 111: 2019-2021 BASE BUDGETS/CERTAIN AGENCIES. (NEW)
H 126: PAY INCREASES/STATE HIGHWAY PATROL. (NEW)
H 206: VARIOUS TRANSPORTATION CHANGES. (NEW)
H 226: PAY INCREASES/STATE EMPLOYEES. (NEW)
H 264: GSC TECHNICAL CORRECTIONS 2019.
H 283: CONNER’S LAW.
H 469: VARIOUS FAMILY LAW CHANGES. (NEW)
H 628: 2019 BANKING & MORTGAGE CORRECTIONS & CHANGES.
H 633: TEMP. OUTDOOR RESTAURANT/BAR. (NEW)
H 635: P&C CHANGES/GLOB. TRANP./PRISON PILOT. (NEW)
H 645: REVISIONS TO OUTDOOR ADVERTISING LAWS.
H 675: 2019 BUILDING CODE REGULATORY REFORM.
H 724: TRUTH IN CALLER ID ACT.
H 760: EXPAND LOSS PREVENTION INVESTIGATIONS.
H 872: UNDERGROUND UTILITY SAFETY ACT/CHANGES.
H 880: LANDLORD/TENANT CHANGES.
S 5: SCHOOL SAFETY OMNIBUS. (NEW)
S 9: FEMALE GENITAL MUTILATION/CLARIFY PROHIBITION.
S 118: PRISON SAFETY/TANF STATE PLAN/CLARIFICATIONS. (NEW)
S 144: ALLOW IN-STATE TUITION/ATHLETIC SCHOLARSHIPS. (NEW)
S 154: AUTHORIZE SPORTS/HORSE RACE WAGERING TRIBAL LANDS. (NEW)
S 212: CAPITAL APPROPRIATIONS/R&R/DIT/CYBERSECURITY. (NEW)
S 217: UI/PRECINCT WORKERS/2020 GENERAL ELECTION. (NEW)
S 218: CLARIFY STATE RECOGNITION - LUMBEE INDIANS.
S 290: ABC REGULATORY REFORM BILL. (NEW)
S 301: REGIONAL SCHOOL MODIFICATIONS. (NEW)
S 302: UPDATE ACH SVC & CARE PLAN /BD OF NURSING. (NEW)
S 320: REGIONAL WATER SYSTEMS AND STATE GRANTS.
S 332: CIVIL PROCEDURE/LIMITATIONS/LAND SURVEYORS.
S 343: VARIOUS EDUCATION LAW CHANGES. (NEW)
S 354: STRENGTHENING EDUCATORS' PAY ACT. (NEW)
S 356: DOT CASH AND ACCOUNTABILITY. (NEW)
S 385: CLARIFY/AUTO DEALERS REGULATORY REQ.
S 391: EXPAND YOUTH INTERNSHIP OPPORTUNITIES.
S 392: VARIOUS CHARTER SCHOOL CHANGES (NEW)
S 413: RAISE THE AGE MODIFICATIONS.
S 420: NC SERVICEMEMBERS CIVIL RELIEF ACT.
S 438: EXCELLENT PUBLIC SCHOOLS ACT OF 2019.
S 476: SCHOOL-BASED MENTAL HEALTH. (NEW)
S 478: MODIFY APPOINTMENT REPORTING. (NEW)
S 493: DVPO ABUSER TREATMENT/TIME OF EXPIRATION. (NEW)
S 523: REV. LAWS CLARIFYING & ADMINISTRATIVE CHANGES.
S 574: GAMING COMMISSION. (NEW)
S 590: MODIFY CONTINUING ED FOR REAL ESTATE BROKERS.
S 604: AMEND NC VETERINARY PRACTICE ACT.
S 621: TESTING REDUCTION ACT OF 2019.
S 686: APPOINTMENTS BILL 2019.
Actions on Bills: 2019-07-15
H 112: ROANOKE RAPIDS LOCAL OPTION SALES TAX.
S 186: BEAUFORT-MOREHEAD CTY AIRPORT AUTHORITY/AMEND.
S 194: WEST JEFFERSON/SALUDA/YANCEYVILLE ANNEX. (NEW)
© 2024 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.