Conference report makes the following changes to the 4th edition.
Makes organizational changes to place the act's previous provisions into Part 1, and makes the following changes to the provisions.
Adds that if H 966 (2019 Appropriations Act) becomes law, then (1) the Department of Public Safety (DPS) may begin to relocate the ALE headquarters and the ALE District I Office in Jacksonville, the ALE District II Office in Fayetteville, the ALE District VII Office in Hickory, and the ALE District VIII Office in Asheville and (2) until additional recurring funding is secured requires that the following district offices remain co-located: the ALE District II Office in Greenville, the ALE District IV Office in Raleigh, the ALE District V Office in Greensboro, and the ALE District VI Office in Harrisburg. Provides that if H 966 does not become law, then DPS must continue to consolidate ALE and SBI regions and regional offices in the same manner so that all district offices remain co-located.
Makes a technical change to GS 18B-500. Also amends the authority of alcohol law-enforcement agents by removing reference to full power, leaving in place authority as peace officers to execute criminal process, respond to and take enforcement action for any crime of violence or breach of the peace, and any additional duties as may from time to time be directed by the Governor or the Secretary of Public Safety when needed for security purposes at a public event or to protect persons or property because of a disaster or state of emergency.
Adds the following provisions to the act. Makes the following provisions applicable to applications for a license or permit submitted on or after October 1, 2019; contracts entered into on or after October 1, 2019; and offenses and violations committed on or after October 1, 2019.
Provides that if HB 966 (Appropriations Act of 2019) of the 2019 Regular Session becomes law, Section 11.10, which amends various provisions of GS Chapter 143 to transfer the Boxing Advisory Commission and give the Commission rulemaking authority, of that act is repealed.
Transfers the Boxing Advisory Commission from the Department of Public Safety (DPS) to the Department of Commerce and renames the Boxing Advisory Commission as the Boxing Commission (Commission). Deems the transfer a Type II transfer except that the management functions of the Commission cannot be performed under the direction and supervision of the Secretary of Commerce.
Further amends Article 68, Regulation of Boxing, of GS Chapter 143, as amended by Part 1 of the act, as follows. Adds the Commission to the Article's defined terms. Places the regulation of live boxing, kickboxing, and mixed martial arts matches in which admission is charged for viewing, or the contestants compete for a prize of more than $25, under the authority of the Commission (was, ALE Division). Makes conforming changes throughout the Article to refer to the Commission's regulatory authority. Places enforcement authority of the Article with the Executive Director of the Commission, with enforcement through and assistance provided by the ALE Division.
Amends GS 143-652.2 to provide that the Commission must exercise its powers independently of the Secretary of Commerce. Changes Commission membership, requiring two voting members appointed by the Governor (was, one), one voting member appointed by the Secretary of Commerce (was, the Secretary of Public Safety), and one voting member appointed by the Governor from nominations made by the specified Tribal Council (was, one appointed by the specified Tribal Council). No longer includes a voting member appointed by the Lieutenant Governor. Requires legislative appointment be made in accordance with specified state law. No longer requires the nonvoting advisory members to advise the ALE Division, in addition to the Commission, on matters concerning the health and physical condition of boxers and related health issues, as well as proposed related rules. Now provides for the Governor, rather than the DPS Secretary, to designate the chair. Additionally, provides that voting members serve at the Governor's pleasure, with nonvoting members subject to removal by the member's appointing authority (previously, all members were subject to removal by the DPS Secretary). Adds that legislatively appointed member vacancies must be filled in accordance with specified state law. No longer mandates the Commission to review and make recommendations for revisions to rules. Requires the Commission to hire an Executive Director (previously, required the DPS Secretary to provide staffing for the Commission). Authorizes the Executive Director to train and contract independent contractors for regulating and monitoring events, issuing licenses, collecting fees, and enforcing rules of the Commission. Allows the Executive Director to initiate and review criminal background checks on independent contracts or license applicants. Further, authorizes the Commission to hire additional staff.
Amends GS 143-654 to place licensing and permitting authority under the Article with the Commission (was, the ALE Division). Makes conforming changes to GS 143-658 to authorize the Commission, rather than the DPS Secretary, to issue civil penalties or refer evidence to the appropriate authority for violations of the Article. Further, authorizes the Commission to bring an action to enjoin noncompliance.
Amends GS 143-656 to require all contracts and financial arrangements between licenses and related to a match or exhibition in the State to meet the requirements of the Commission's rules (was, rules of the ALE Division).
Makes further conforming, clarifying, and technical changes to the Article.
Provides for the initial appointments to the Commission to begin July 1, 2019, and the terms of members serving the Boxing Advisory Commission as of June 30, 2019, to expire on October 1, 2019.
Transfers the identified Administrative Specialist II position within the ALE Division to the Commission.
Allows for the three identified positions (Administrative Specialist, Special Agent, and Special Agent in Charge) within the ALE Division to be converted to General Fund support funds available to the Division.
Formally abolishes the Boxing Authority Section of the ALE Division, referenced in the NC Administrative Code.
Directs that the funds in the State Boxing Revenue Account within DPS be transferred into the State Boxing Revenue Account within the Department of Commerce on October 1, 2019, and that the account within DPS be closed upon transfer.
Deems the rules adopted by the ALE Division pursuant to statutory authority to remain effective until amended or repealed by the Commission. Provides for policies, procedures, and guidance to remain effective until similarly amended or repealed.
Provides a savings clause for ongoing investigations, hearings, procedures, or prosecutions pursuant to the Article, as of October 1, 2019.
Changes the effective date of the act to October 1, 2019 (was, effective upon legislative appropriations for the act's implementation).
Makes conforming changes to the act's titles.
The Daily Bulletin: 2019-08-13
The Daily Bulletin: 2019-08-13
Senate amendment adds the following to the 5th edition.
Adds new Part IV. Amends GS 7A-377 by prohibiting the Judicial Standards Commission (Commission) from investigating when its own motion or a written complaint by a citizen is based substantially upon a legal ruling by a district or superior court judge and the ruling has not yet been reviewed and ruled upon by either the North Carolina Court of Appeals or the North Carolina Supreme Court. Limits the review to judicial conduct and prohibits reviewing matters of law. Applies to complaints or investigations pending on or after the date the act becomes law.
|Intro. by R. Turner.||GS 1, GS 7A, GS 11, GS 14, GS 15A, GS 20, GS 28A, GS 30, GS 42, GS 44A, GS 45, GS 48, GS 84, GS 105|
The Daily Bulletin: 2019-08-13
House amendment #2 makes the following changes to the 3rd edition, as previously amended.
Adds the following to the provision establishing the minimum horizontal distance between sanitary sewage treatment and disposal systems to downslope interceptor drains, foundation drains, and stormwater diversions to be 15 feet. Limits the scope of 15A NCAC 18A .1950(a)(15), which establishes minimum distances from drainage systems ranging from 10 to 25 feet, to stormwater diversions with cuts of 2 feet or more in vertical height.
House committee substitute deletes the provisions of the 1st edition and now provides the following.
Enacts new Part 4A to Article 6 of GS Chapter 131E, titled the Birth Center Licensure Act (Act).
Sets out the purpose of the Act and defines terms. Defines birth center as a facility licensed for the primary purpose of performing normal, uncomplicated deliveries that is not a hospital or ambulatory surgical facility, and where births are planned to occur away from the mother's usual residence following a low-risk pregnancy, as that term is defined.
Requires DHHS to review and, as necessary, revise the Freestanding Birth Center Fee Schedule every three years to ensure that the fees are sufficient to cover the costs of services and that the cost for any State-mandated newborn screening is reimbursed at least at cost.
Directs DHHS to inspect birth centers as it deems necessary to investigate unexpected occurrences involving death or serious physical injury and reportable adverse outcomes identified in the rules adopted by the Commission. Requires all licensed birth centers be subject to DHHS inspections at all times. Provides for access to licensed premises by authorized DHHS representatives. Effective December 1, 2019, makes it unlawful for any person to resist proper entry by authorized DHHS representatives upon premises other than a private dwelling. Prohibits those representatives from endangering the health or well-being of any patient being treated in the birth center by his or her entry onto the premises. Grants DHHS the authority to investigate birth centers in the same manner as it investigates hospitals under GS 131E-80(d). Permits public disclosure of information received by the Commission or DHHS through filed reports, license applications, or inspections required or authorized by new Part 4A except where disclosure would violate applicable laws concerning patient records and confidentiality. Prohibits disclosure from identifying the patient involved without permission of the patient or court order.
Creates the seven-member NC Birth Center Commission of DHHS. Specifies the powers and duties of the Commission, including adopting rules establishing standards for licensure, operation, and regulation of birth centers in the state. Details the Commission membership and provides for four-year terms, with members serving for no more than two consecutive terms. Provides parameters for vacancies, removal, and member expenses, as well as Commission quorum and the provision of clerical services. Requires initial appointments be made no later than 60 days after the effective date of the act. Provides for staggered terms. Specifies that partial terms of initial members for staggering member terms do not count as full terms for purposes of the term limitations.
Requires the Commission to adopt rules establishing seven licensure requirements, including: (1) a requirement that the birth center obtain and maintain accreditation with the Commission for the Accreditation of Birth Centers (CABC), and including several documentation and reporting requirements; (2) a requirement that the birth center establish procedures specifying the criteria by which each person's risk status will be evaluated at admission and during labor, pursuant to CABC standards; and (3) a requirement that the birth center develop and submit a plan for complying with the standards of CABC with respect to transfer of care procedures. Requires DHHS to enforce the provisions of new Part 4A and any rules adopted by the Commission.
Allows the Commission, its members, and staff to release confidential or nonpublic information to any health care licensure board or authorized DHHS personnel with enforcement or investigative responsibilities concerning licensure action.
Adds the following provisions to new Part 4A. Except as otherwise provided, the following provisions are effective one year after the rules promulgated by the Commission are adopted, and applicable to licenses granted on or after that date.
Prohibits the establishment or operation of a birth center in the state without first obtaining a license from the Department of Health and Human Services (DHHS) pursuant to new Part 4A. Requires DHHS to provide applications for licensure and details the information required to be included in applications. Directs DHHS to issue a license upon the recommendation of the NC Birth Center Commission (Commission) if it finds the applicant is in compliance with the provisions of Part 4A and any rules adopted by the Commission. Provides that the license is valid for one year and is required to designate the number of beds and the number of rooms on the licensed premises. Establishes a $400 nonrefundable annual license fee to be credited to DHHS as a departmental receipt and applied to offset costs for licensing and inspecting birth centers, as well as a nonrefundable $17.50 annual per-birthing room fee. Provides for license renewal by DHHS pursuant to rules adopted by the Commission. Establishes that a license is not transferable or assignable except with written approval of DHHS. Requires operators to post the license on the licensed premises in an area accessible to the public. Allows currently operating and accredited birthing centers to continue operations as the Commission is constituted and promulgates permanent rules. Requires those operating birth centers to submit completed applications and requisite fees to the Division of Health Service Regulation within 90 days of the effective date of the Commission's permanent rules regarding licensure applications. Requires the application and fee to be received or postmarked no later than 90 days after the rules are adopted.
Authorizes the denial, suspension, or revocation of a license for substantial failure to comply with the provisions of Part 4A or rules adopted by the Commission. Authorizes the DHHS Secretary or a designee to suspend the admission of any new patients to a birth center if the birth center conditions are detrimental to the health or safety of any patient. Establishes that the suspension is effective until the Secretary or a designee is satisfied that the conditions or circumstances merit its removal. Further, clarifies that this authority is in addition to the authority to suspend or revoke the license of the birth center. Provides for a birth center to contest any adverse action on its license pursuant to GS Chapter 150B (APA).
Prohibits a licensed birth center from representing or providing services outside of the scope of the license. Sets the following limitations on services at a licensed birth center: (1) surgical procedures must be limited to those normally accomplished during an uncomplicated birth, (2) no abortions can be performed, (3) no general or conduction anesthesia can be performed, and (4) no vaginal birth after cesarean or trial of labor after cesarean can be performed.
Adds a new statute to the Part to make it a Class 3 misdemeanor to operate a birth center without a license, punishable by a fine of up to $50 for the first offense and up to $500 for each subsequent offense. Specifies that each day of continuing violation after conviction is considered a separate offense. Effective one year after the rules promulgated by the Commission are adopted.
Directs DHHS to, by October 1, 2019, review, and as necessary, revise, its current Freestanding Birth Center Fee Schedule to ensure that the fees are sufficient to cover the costs of services and that the cost for any State-mandated newborn screening is reimbursed at least at cost. Additionally directs DHHS to develop a birth center licensure application consistent with the Part's requirements and make it available upon the adoption of the rules by the Commission.
Makes the following changes to Article 56A, Pharmacy Management Benefits, of GS Chapter 58.
Adds claim, claims processing service, maximum allowable cost list, out-of-pocket-costs, pharmacy administration organization, pharmacist services, and pharmacy benefits manager affiliate to the defined terms set out in GS 58-56A-1. Amends the definition of health benefit plan to now refer to the definition set out for the term in GS 58-3-167, and makes conforming changes to the definition. Amends the definition of maximum allowable cost price to mean the maximum amount that a pharmacy benefits manager will reimburse a pharmacy for the cost of generic or multiple source prescription drugs, medical products, or devices (was, the maximum per unit reimbursement amount for multiple source prescription drugs, medical products, or devices). Amends the definition of pharmacy benefits manager to include any entity who contracts with a pharmacy on behalf of an insurer or third-party administrator to administer or manage prescription drug benefits to perform three specified functions: (1) processing claims for prescription drugs or medical supplies or providing retail network management for pharmacies or pharmacists, (2) paying pharmacies or pharmacists for prescription drugs or medical supplies, or (3) negotiating rebates with manufacturers for drugs paid for or procured as described in the Article (previously, the definition did not specify functions performed by the manager). Makes conforming organizational changes.
Enacts GS 58-56A-2 to now require licensure by the Commissioner of Insurance (Commissioner) for a person or organization to establish or operate as a pharmacy benefits manager in the state for health benefit plans. Directs the Commissioner to prescribe the application for a license. Authorizes the Commissioner to charge an initial application fee of $2,000 and an annual renewal fee of $1,500. Sets forth five exclusive components the application must contain, including contact information of the pharmacy benefits manager, the manager's agent for service of process, each person with management control over the pharmacy benefits manager, and each person with a beneficial ownership interest in the pharmacy benefits manager. Further requires the application to include a signed statement indicating that no officer with management or control of the pharmacy benefits manager has been convicted of a felony or has violated any requirements of applicable state or federal law, or a signed statement describing any relevant conviction or violation. Mandates that any applicant or licensed pharmacy benefits manager must file a notice describing any material modification to the information required of applications. Authorizes the Commissioner to adopt rules establishing the licensing requirements of pharmacy benefits managers consistent with the statute.
Adds to GS 58-56A-3 concerning consumer protections. Restricts a pharmacy benefit manager from prohibiting a pharmacist or pharmacy from charging a minimal shipping and handling fee to the insured for a mailed or delivered prescription if the pharmacist or pharmacy discloses to the insured prior to delivery: the fee amount, that the fee cannot be reimbursed, and that the charge is agreed to by the health benefit plan or pharmacy benefits manager. Adds that when calculating the insured's overall contribution to any out-of-pocket maximum or any cost-sharing requirement under the health benefit plan, the insurer must include any amounts paid by the insured or paid on the insured's behalf to the extent allowed by state and federal law. Eliminates the requirement for the Department to report any violations of the statute or GS 58-56A-4 to the Attorney General.
Amends GS 58-56A-4, regarding pharmacy and pharmacist protections, to now provide the following. Requires there to be a justification for each adjustment or fee for processing a claim or otherwise related to adjudication of a claim, specifically justification on the remittance advice or as set out in contract and agreed upon by the pharmacy or pharmacist for each adjustment or fee. Maintains the provision that excludes from the statute's provisions claims under an employee benefit plan under the Employee Retirement Income Security Act or Medicare Part D. Provides that Article 56A does not abridge the right of a pharmacist to refuse service if the pharmacist believes it would be harmful to the patient, not in the patient's best interest, or if there is a question to the prescription's validity. Specifies that the provisions do not limit overpayment recovery efforts by a pharmacy benefits manager. Provides that a pharmacy or pharmacist cannot be prohibited or restricted by a pharmacy benefits manager from dispensing any prescription drug consistent with pharmacy licensure laws, including specialty drugs dispensed by a credentialed and accredited pharmacy. Prohibits a pharmacy benefits manager from penalizing or retaliating against a pharmacist or pharmacy for exercising rights provided by Article 56A, unless conduct amounts to a breach of contract. Establishes that a claim for pharmacist services cannot be retroactively denied or reduced after adjudication of the claim unless one of five circumstances apply, including that the original claim was submitted fraudulently.
Adds to GS 58-56A-5, concerning the maximum allowable cost price of prescription drugs. Requires pharmacy benefits managers to ensure that dispensing fees are not included in the calculation of maximum allowable cost price. Requires pharmacy benefits managers to establish an administrative appeals procedure for reimbursement if less than the net amount that the network paid to the suppliers of the drug. Sets forth parameters for the appeal procedure.
Enacts GS 58-56A-20 to authorize pharmacy benefits managers to maintain more than one network for different pharmacy services. Allows each individual network to have terms and conditions and require different pharmacy accreditation standards or certification requirements for participating in the network, so long as the standards and requirements are applied without regard to a pharmacy's or pharmacist's status as an independent pharmacy or pharmacy benefits manager affiliate. Prohibits denying the right to any properly licensed pharmacist or pharmacy from participating in the network on the same terms and conditions of other participants in the network. Requires pharmacy performance measure or pay-for-performance networks to use a nationally recognized entity aiding in improving pharmacy performance measures. Details restrictions and limitations concerning pharmacy performance measures. Provides that a pharmacist or pharmacy that is a member of a pharmacy service administration organization that enters into a contract with a health benefit plan issuer or a pharmacy benefits manager on the pharmacy's behalf is entitled to receive a copy of the contract provisions applicable to the pharmacy from that organization. Establishes that termination of a pharmacy or pharmacist from a network does not release the pharmacy benefits manager from the obligation to make any payment due to the pharmacy or pharmacist for pharmacist services properly rendered according to the contract; excludes cases of fraud, waste, and abuse.
Enacts GS 58-65A-25 to prohibit a pharmacy benefits manager from, in any way prohibited by HIPAA, transferring or sharing records related to prescription information containing patient-identifiable and prescriber-identifiable data to a pharmacy benefits manager affiliate.
Enacts GS 58-65A-35 to provide for the enforcement of the Article by the Commissioner by means of examination, as described. Authorizes the Commissioner to retain professionals and specialists as examiners, with the cost of their retention placed upon the pharmacy benefits manager. Deems information or data acquired pending, during, and after the examination of any pharmacy benefits manager nonpublic, proprietary, and confidential. Authorizes the Commissioner to promulgate reasonable and necessary rules after proper notice and hearing. Makes violations of Article 56A subject to penalties under GS 58-56A-40, as codified and amended, as well as subjects a pharmacy benefits manager to revocation of or refusal to renew a license to operate, after proper notice and hearing. Requires the Commissioner to report any violations of the Article to the Attorney General.
Recodifies GS 58-56A-10 as GS 58-56A-40, regarding civil penalties for violations of Article 56A. Makes clarifying, conforming, and technical changes.
Amends 58-2-40(5) to require the Commissioner to report in detail to the Attorney General any violations of laws relative to pharmacy benefits managers.
Applies to any contracts entered into on or after March 1, 2020.
Makes conforming changes to the act's titles.
Corrects the names of appointees to various appointments set forth in SL 2019-122 (Appointments Bill 2019). Changes the term of the appointment to the NC State Port Authority upon recommendation of the Senate President Pro Tempore, now providing for a term expiring June 30, 2021, rather than July 30, 2021. Eliminates the appointment of Joseph Childers to the NC Professional Educator Preparations and Standards Commission. Removes the provision which makes the Speaker of the House of Representative's recommended appointments to the NC Professional Educator Preparations and Standards Commission conditioned upon HB 200 (Various Education Law Changes) of the 2019 Regular Session becoming law. Corrects the county residency of the House Speaker's recommendation for appointment to the Property Tax Commission.
|Intro. by Rabon.||UNCODIFIED|
The Daily Bulletin: 2019-08-13
The Daily Bulletin: 2019-08-13
Actions on Bills: 2019-08-13
H 99: TRANSFER ALE/MOVE BOXING ADVISORY COMMISSION. (NEW)
H 226: PAY INCREASES/STATE EMPLOYEES. (NEW)
H 283: CONNER’S LAW.
H 597: WILDLIFE RESOURCES COMMISSION AMENDS.
H 604: SMALL BUSINESS RETIREMENT PROGRAM.
H 633: TEMP. OUTDOOR RESTAURANT/BAR. (NEW)
S 86: SMALL BUSINESS HEALTHCARE ACT.
S 230: NC MILITARY AND VETERAN ACT OF 2019. (NEW)
S 295: STANDARDS OF STUDENT CONDUCT. (NEW)
S 353: EXPAND CARTWAY PATH/SEPTIC TANK LAWS. (NEW)
S 361: HEALTHY NC. (NEW)
S 432: OPEN RINKS, ALLEYS, VENUES, STADIUMS. (NEW)
S 458: PTS DAY/CARDIAC TASK FORCE/TITUS'S LAW/DATA. (NEW)
S 553: REGULATORY REFORM ACT OF 2019.
S 681: AGENCY POLICY DIRECTIVES/2019-2020. (NEW)
S 690: MODIFICATIONS TO 2019 APPOINTMENTS BILL.
Actions on Bills: 2019-08-13
H 55: CLEVELAND COUNTY/SHERIFF VACANCIES. (NEW)
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