Bill Summary for H 399 (2013-2014)

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Summary date: 

Mar 21 2013

Bill Information:

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.

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Bill summary

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.