CH. PROTECT. SERV./CH. CARE SUB./RENT EXEMPT (NEW).

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View NCGA Bill Details2011-2012 Session
House Bill 423 (Public) Filed Tuesday, March 22, 2011
TO AUTHORIZE THE SECRETARY OF HEALTH AND HUMAN SERVICES TO ALLOW CERTAIN CERTIFIED PROVIDERS TO CONDUCT INITIAL (FIRST-LEVEL) EXAMINATIONS FOR INVOLUNTARY COMMITMENT OF INDIVIDUALS WITH MENTAL ILLNESS, IN A MANNER CONSISTENT WITH THE FIRST EVALUATION PILOT PROGRAM.
Intro. by Hurley.

Status: Re-ref Com On Rules and Operations of the Senate (Senate Action) (Jun 11 2012)
H 423

Bill Summaries:

  • Summary date: Jun 7 2012 - View Summary

    Senate committee substitute makes the following changes to 3rd edition. Deletes all the provisions of the 3rd edition and replaces it with AN ACT TO (1) MAINTAIN COUNTY LEVEL EXPENDITURES IN LOCAL FUNDS FOR CHILD PROTECTIVE SERVICES WORKERS; (2) USE 2011 DATA SOURCE FOR CHILD CARE SUBSIDY ALLOCATION FORMULA; (3) CLARIFY THE TERM SUBSTANTIAL COMPLIANCE AS IT RELATES TO MEDICAID AND HEALTH CHOICE PROVIDER REQUIREMENTS; AND (4) EXEMPT CONTRACTS FOR THE RENTAL OF OFFICE SPACE THAT DO NOT CONSTITUTE A FINANCIAL RELATIONSHIP UNDER THE FEDERAL STARK ACT FROM THE CONFLICT OF INTEREST PROVISION OF THE HOSPITAL AUTHORITY ACT.
    As the title indicates. Adds uncodified Section 1 to require that counties spend no less in local funds for child protective workers in the 2012-13 fiscal year than was expended in the 2011-12 fiscal year. Amends Section 10.2(a) of SL 2011-145, directing the Division of Child Development and Early Education to use the same data source as used for the 2011-12 fiscal year to determine the child care subsidy allocation formula. Amends GS 131E-21 adding new subdivision (e1) exempting certain rental contracts for office space from conflict of interest provisions of the Hospital Authority Act.
    Amends GS 108C-2, adding new subdivision (4a) to clarify the term substantial compliance, and provides that this section applies to all audits except those with overpayments that have become final before that date.


  • Summary date: May 10 2011 - View Summary

    House committee substitute makes the following changes to 2nd edition.
    Changes the section number of proposed GS 122C-263A to GS 122C-263.1. Clarifies that a waiver granted by the Secretary of Health and Human Services (Secretary) is in effect for up to three years and may be rescinded at any time if the Secretary finds that the local management entity has failed to meet the statute requirements. Directs the Department of Health and Human Services (DHHS) to maintain a list of individuals on the DHHS website who have successfully completed the standardized training program and examination. Makes other clarifying changes.
    Adds a new section directing each 24-hour residential facility that (1) falls under the category of non-hospital medical detoxification, facility-based crisis service, or inpatient hospital treatment; (2) is not a state facility under the jurisdiction of the Secretary; and (3) is designated as a facility for the custody and treatment under specified petitions of involuntary commitment to submit, beginning January 1, 2012, a written report on involuntary commitments each January 1 and each July 1 to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, including three detailed components.


  • Summary date: Apr 20 2011 - View Summary

    House committee substitute makes the following changes to 1st edition. Provides that a master’s level certified clinical addiction specialist is only authorized to conduct the initial examination of individuals meeting the criteria of GS 122C-281(a). Makes a conforming change.


  • Summary date: Mar 22 2011 - View Summary

    Enacts new GS 122C-263A to allow the Secretary of Health and Human Services (Secretary), when requested by an LME, to waive specified requirements related to initial (first-level) exams by a doctor or eligible psychologist of individuals meeting specified statutory requirements. Requires that the Secretary receive a request from an LME (including specifically described information) to substitute a listed medical professional to conduct the initial exam of individuals meeting the criteria of GS 122C-261(a) (concerning involuntary commitment of mentally ill) or GS 122C-281(a) (concerning involuntary commitment of substance abusers). Requires the Secretary to review the request and allows for the request to be approved if the request meets the statute’s requirements, the request furthers the purposes of state policy and mental health, developmental disabilities, and substance abuse services reform, and the request improves the delivery of mental health, developmental disabilities, and substance abuse services in the counties affected by the waiver and protects the health, safety, and welfare of individuals receiving those services. A waiver remains in effect for three years. Requires the LME to assure that a doctor is available at all times to provide backup support if necessary. Requires the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to expand its standardized certification training program to include refresher training for all certified providers performing first examinations.
    Effective October 1, 2011.