Bill Summary for H 512 (2017-2018)

Summary date: 

Jun 12 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 512 (Public) Filed Tuesday, March 28, 2017
AN ACT REGARDING IMPLEMENTATION OF THE 1915(C) MEDICAID WAIVER FOR INDIVIDUALS WITH TRAUMATIC BRAIN INJURY; AUTHORIZING TOWNSHIP HOSPITALS STILL OPERATING UNDER PRE-1983 PUBLIC HOSPITAL LAWS TO EXERCISE SOME OF THE ADDITIONAL POWERS AND AUTHORITIES GRANTED TO PUBLIC HOSPITALS OPERATING UNDER ARTICLE 2 OF CHAPTER 131E OF THE GENERAL STATUTES; REDEFINING THE TERM "LEGACY CARE MEDICAL FACILITY" FOR PURPOSES OF CERTIFICATE OF NEED REVIEW; REQUIRING THAT LEGACY MEDICAL CARE FACILITIES EXEMPTED FROM CERTIFICATE OF NEED REVIEW OPERATE WITHIN THE SAME SERVICE AREAS AS THE FACILITY THAT CEASED CONTINUOUS OPERATIONS; AND PROVIDING FOR AN EXTENSION OF THE TIME BY WHICH A FACILITY MUST BE OPERATIONAL IN ORDER TO QUALIFY FOR CERTIFICATE OF NEED EXEMPTION AS A LEGACY MEDICAL CARE FACILITY.
Intro. by Torbett.

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Bill summary

Senate committee substitute makes the following changes to 2nd edition. Adds to title INDIVIDUALS WITH TRAUMATIC BRAIN INJURY; AUTHORIZING TOWNSHIP HOSPITALS STILL OPERATING UNDER PRE 1983 PUBLIC HOSPITAL LAWS TO EXERCISE SOME OF THE ADDITIONAL POWERS AND AUTHORITIES GRANTED TO PUBLIC HOSPITALS OPERATING UNDER ARTICLE 2 OF CHAPTER 131E OF THE GENERAL STATUTES; REDEFINING THE TERM "LEGACY CARE MEDICAL FACILITY" FOR PURPOSES OF CERTIFICATE OF NEED REVIEW: REQUIRING THAT LEGACY MEDICAL CARE FACILITIES EXEMPTED FROM CERTIFICATE OF NEED REVIEW OPERATE WITHIN THE SAME SERVICE AREA AS THE FACILITY THAT CEASED CONTINUOUS OPERATIONS; PROVIDING FOR AN EXTENSION OF THE TIME BY WHICH A FACILITY MUST BE OPERATIONAL IN ORDER TO QUALIFY FOR CERTIFICATE OF NEED EXEMPTION AS A LEGACY MEDICAL CARE FACILITY; AND TO EXEMPT OFFICE BASED, VASCULAR ACCESS CENTERS FROM CERTIFICATE OF NEED REVIEW. 

Corrects the October 1, 2017, start date for the 1915(c) waiver report to October 1, 2018. 

Adds new section allowing all hospitals that continue to operate under GS Chapter 131, Article 2, pursuant to SL 1983-775, Section 3, to exercise the powers, authorities, and exemptions in 17 various subsections of GS 131E-7 through GS 131E-47.1, and the powers and authorities conveyed by SL 1999-377, Section 3. Amends GS 131E-176(14f), which sets out the definition of Legacy Medical Care Facility, to include facilities which provided care to outpatients in the last 24 months. Makes other clarifying change. 

Amends GS 131E-184(h), which sets out conditions for exemption from certificate of need review for acquiring or reopening a Legacy Medical Care Facility (Facility). The person seeking to operate the Facility must give written notice of the intention to reopen a Facility within 36 months, and must state whether the Facility is in the same location as the previous facility or in a new location. Allows the Department to extend the 36-month time period for an additional 36 months on timely written notice that the person has made all reasonable efforts to meet the deadline.

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