AMEND LAWS PERTAINING TO DHHS.-AB

View NCGA Bill Details2013-2014 Session
House Bill 399 (Public) Filed Wednesday, March 20, 2013
A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES REQUESTED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO LAWS PERTAINING TO CHILD ABUSE, NEGLECT, AND DEPENDENCY; MEDICAID; PUBLIC HEALTH; AND MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES.
Intro. by Burr.

Status: Ch. SL 2013-378 (House Action) (Jul 29 2013)

SOG comments (1):

Long title change.

Senate amendment changes the long title.  The previous long title is found below:

A BILL TO BE ENTITLED AN ACT TO MAKE CHANGES REQUESTED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO LAWS PERTAINING TO CHILD ABUSE, NEGLECT, AND DEPENDENCY; MEDICAID; AND PUBLIC HEALTH

Bill History:

H 399/S.L. 2013-378

Bill Summaries:

  • Summary date: Jul 30 2013 - More information

    AN ACT TO MAKE CHANGES REQUESTED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO LAWS PERTAINING TO CHILD ABUSE, NEGLECT, AND DEPENDENCY; MEDICAID; PUBLIC HEALTH; AND MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE SERVICES. Enacted July 29, 2013. Section 10 is effective July 29, 2013. Section 11 is effective January 1, 2014. The remainder is effective October 1, 2013.


  • Summary date: Jul 17 2013 - More information

    Senate amendment makes the following changes to the 7th edition.

    Amends Section 11 of this act to clarify that this section amends GS 122C-115(a), as amended by Section 4(a) of SL 2013-85. Makes Section 11 of this act effective January 1, 2014 (was, effective when theact becomes law).


  • Summary date: Jul 16 2013 - More information

    Senate committee amendment makes the following changes to the 6th edition.

    Amends the long title.

    Amends Section 3(b) of SL 2012-151, concerning area boards, providing that area boards must meet all the requirements of GS 122C-118.1 as amended by Section 6 and 7 of SL 2013-85, concerning the effective operation of the 1915(b)/(c) Waiver, no later than October 1, 2013 (previously, required area boards to meet only the requirements set out in GS 122C-118.1 as amended by subsection 3(a) of SL 2012-151).  Provides the following two exceptions to the applicability of the requirements in GS 122C-118.1: (1) when an area authority receives approval from the Secretary to realign or merge with another area authority, the new area board associated with the surviving area authority is not obligated to meet the requirements of GS 122C-118.1 until 30 days after the effective date of the realignment or merger or until April 1, 2014, whichever is sooner and (2) a different area authority involved in the same realignment or merger approved by the Secretary (i) receives approval on or before October 1, 2013, to dissolve pursuant to GS 122C-115.3(b) and initiates plans for the dissolution or (ii) receives a directive on or before October 1, 2013, from the Secretary to dissolve pursuant to GS 122C-124.2. Effective when the act becomes law.

    Amends GS 122C-115(a), updating statutory references. Effective when the act becomes law.


  • Summary date: Jul 1 2013 - More information

    Senate committee substitute makes the following changes to the 5th edition.

    Deletes changes to GS 7B-909, regarding criteria for the review by the court of the placement plan for a juvenile.

    Amends new GS 36C-8-818, regardingthe duty to providenotice to the Department of Health and Human Services, Division of Medical Assistance, of the death of a person receiving Medicaid at the time of death. Provides that this section does not apply to trustees of pre-need funeral trusts established or created under Article 13D of GS Chapter 90.

    Makes a technical correction.


  • Summary date: May 29 2013 - More information

    Senate committee substitute makes the following changes to the 4th edition. Amends GS 130A-101(a) to require that a certificate of live birth must be filed with the local registrar in the county where the birth occurs within ten days (was, within five days) after the birth.


  • Summary date: Apr 30 2013 - More information

    House amendment makes the following changes to the 3rd edition.

    Amends GS 108C-3, Medicaid and Health Choice provider screening, adding dentists, orthodontists, and local health departments to the list of providers designated as "limited" categorical risk.  Removes dentists and orthodontists from the list of providers designated as "moderate" categorical risk and makes conforming changes.


  • Summary date: Apr 24 2013 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Amends GS 108A-70.5(b)(2) to provide that the Department of Health and Human Services (DHHS) has all the rights available to estate creditors, including the right to qualify as personal representative or collector of an estate.

    Deletes proposed new section to Article 2 of GS Chapter 28A, GS 28A-2A-24, which required the personal representative of a decedent enrolled in the state's Medicaid program to file a release from the Division of Medical Assistance with the clerk of the court exercising probate jurisdiction before any probate estate may be closed underGS 108A-70.5.

    Amends GS 28A-14-1 (Notice for claims) to require that the notice required by the statute also be sent to the Division of Medical Assistance if the decedent was receiving medical assistance as defined by GS 108A-70.5 (b)(1) at the time of death.

    Amends GS 28A-19-6(a) to identify DHHS as a sixth-class creditor for purposes of determining the order of claims against a decedent's estate. Provides that judgments in favor of other sixth-class creditors that are docketed and in force before DHHS seeks to recover its claims for medical assistance, are to be paid prior to recovery by DHHS.

    Amends proposed GS 36C-8-818 to require a trustee of a revocable trust with knowledge that thedecedent was receiving medical assistance at the time of the decedent's death provide notice of the decedent's death to DHHS within 90 days of the death.

    Makes organizational changes to the act and renumbers the sections of the bill accordingly.


  • Summary date: Apr 3 2013 - More information

    House committee substitute makes the following changes to the 1st edition.

    Makes a technical change to GS 7B-507.

    Makes a technical change to GS 108A-70.5(b)(2).

    Amends GS 36C-8-818 (Notice of deceased Medicaid beneficiaries) to require a trustee who has a duty or power to pay the debts of a deceased trust beneficiary to give notice of the death of the trust beneficiary to the Department of Health and Human Services.


  • Summary date: Mar 21 2013 - More information

    Amends GS 7B-507 to clarify that any order placing or continuing the placement of a juvenile in the custody or placement responsibility ofa county department of social services must contain specific findings as to whether the department has either made reasonable efforts (1) to prevent the need for placement or (2)to eliminate the need for placement. Provides that in any order placing a juvenile in the custody or placement responsibility of a department, the court may deemthat a reasonable effort to eliminate the need for placement of the juvenile is not required or should cease because a court has determined that the parent has committed sexual abuse against the child or against another child of the parent or the parent has been required to registered as a sex offender on any governmental administered registry.

    Amends GS 7B-909 to require that the review of an agency's plan for placement of a juvenile must be held within six months of accepting a relinquishment of the juvenile for adoption unless the juvenile has already become the subject of an adoption decree.

    Clarifies the meaning of "estate" for the purpose of recovery under GS 108A-70.5(b)(2).

    Enacts newGS 28A-2A-24 (Medicaid beneficiaries) to require that before any probate estate may be closed under GS 108A-70.5 (Medicaid Estate Recovery Plan) for a decedent enrolled at the time of death in the state's Medicaid program, the personal representative of the estate must file a release from the Division of Medical Assistancewith the clerk of court exercising probate jurisdiction. Specifies that the release must include one of the following: (1) evidence of payment of all medical assistance benefits, premiums, or other such costs due from the estate under law; (2) a waiver of the state's Medicaid-related claims; and (3) a statement from the Division that no amount is due.

    Enacts new GS 36C-118 (Notice of deceased Medicaid beneficiaries) to require any trustee with the duty or authority to pay the debts of a deceased trust beneficiary to provide notice to the Department of Health and Human Services, Division of Medical Assistance, within 90 days of the death of the trust beneficiary, if the deceased trust beneficiary received any medical assistance from the state's Medicaid program. Provides that the Division may make a claim against any trust deemed an available resource under applicable law.

    Amends GS 108C-3 (Medicaid and Health Choice provider screening) to add the following to those providersdesignated as limited categorical risk provider types: (1) portable X-ray suppliers; (2) religious nonmedical health care institutions; (3) registered dieticians; and (4) clearinghouses, billing agents, and alternate payees. Adds the followingto those providers designated as moderate categorical risk provider types: (1) local health departments and (2) nonemergency medical transportation.

    Amends GS 130A-22(b3) toprovide thatthe administrative penalty imposed for a violation of Article 19A of GS Chapter 130A (Lead-based paint hazard management program)cannot exceed $5,000 (was, $1,000) and provides that the penalty for a violation of Article 19B (Certification and accreditation of lead-based paint renovation activities)cannot exceed $5,000 (was, $750) for each day that the violation continues.

    Amends GS 130A-101(a) to require that a certificate of livebirth must be filed with the local registrar in the county where the birth occurs within five days (was,within 10) after the birth.

    Amends GS 130A-209(a) to require that no later than October 1, 2014, all health care facilities and health care providers that detect, diagnose, or treat cancer or benign brain or central nervous system tumors mustsubmit reports to the central registry on each diagnosis of cancer, or benign brain or central nervous system tumors via electronic transmission. Requires the electronic transmission of the reports to be in a format prescribed by the United States Department of Health and Human Services, Centers for Disease Control and Prevention, National Program of Cancer Registries. Makes a technical change.

    Effective October 1, 2013.


  • Summary date: Mar 20 2013 - More information

    To be summarized 3/21/13.


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