Bill Summary for S 702 (2015-2016)

Summary date: 

Apr 1 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
Senate Bill 702 (Public) Filed Thursday, March 26, 2015
AN ACT REPEALING NORTH CAROLINA'S CERTIFICATE OF NEED AND CERTIFICATE OF PUBLIC ADVANTAGE LAWS.
Intro. by Apodaca.

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Bill summary

Repeals the following: (1) GS Chapter 90, Article 1E, Certificate of Public Advantage; (2) GS Chapter 131E, Article 9 and 9A,  Certificate of Need and Certificate of Public Advantage; (3) GS 130A-45.02(i), 150B-2(8a)k, 150B-21.1(6), and 165-47, all concerning definitions and provisions regarding exemptions from a certificate of need.

Amends GS 6-19.1(a) concerning court costs for parties appealing or defending agency decisions, deleting language which provided that nothing in this section can be deemed to authorize attorneys' fees for the administrative review portion of a case in contested cases arising under GS Chapter 131E, Article 9. The previous changes apply to contested cases arising on or after January 1, 2017. 

Amends GS 58-50-61 concerning utilization review, setting out and defining the term health service facility. Makes conforming changes. 

Amends GS 58-55-35, the definitions for when long-term care insurance provides coverage for facilities and services, adding language to the definition for hospice as well as intermediate care facility for the mentally retarded.

Amends GS 90-21.36(b) concerning the effects of certificates of public advantage, deleting language which previously provided that there were no exemptions for physicians or others from compliance with state laws governing certificate of need, licensure, or other regulatory requirements.

Amends GS 122C-23.1(e), concerning the licensure of residential treatment facilities, making conforming changes.  

Amends GS 131E-13(a)(1) and 131E-136(4), making conforming changes.

Amends the provisions and the catchline of GS 148-19.1, which now reads "Exemption from licensure." Deletes all of the provisions of subsection (b) concerning provisions and exemptions for certificates of need.

Effective January 1, 2017.

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