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View NCGA Bill Details2019-2020 Session
House Bill 822 (Public) Filed Tuesday, April 16, 2019
Intro. by Insko, Ball, Quick.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Aug 20 2019)
H 822

Bill Summaries:

  • Summary date: Jul 31 2019 - View Summary

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

    Part I.

    Modifies and adds to the legislative findings regarding the need for a Comprehensive Plan for the publicly funded (rather than State-funded) behavioral health system. Adds an express directive requiring the Department of Health and Human Services (DHHS) to produce a Comprehensive Plan for the Publicly funded Behavioral Health System (Comprehensive Plan). Makes conforming changes throughout the act to refer to the publicly funded behavioral health system and publicly funded behavioral health services. 

    Amends proposed GS 122C-102A to modify the purpose of the Comprehensive Plan, now establishing the purpose to be to provide a framework to ensure DHHS can oversee and monitor publicly funded behavioral health services, including Medicaid and NC Health Choice, county-funded programs, and federally funded programs (previously, to oversee and monitor Medicaid, NC Health Choice, and other State-funded behavioral health services, managed by LME/MCOs and health care providers). Changes the Comprehensive Plan submission requirements, now requiring DHHS to submit an initial Comprehensive Plan for review by the Joint Legislative Oversight Committee on Health and Human Services (Committee) by January 31, 2020, followed by annual updates each subsequent year (previously, required annual submission by January 31 of each year, rather than updates after an initial submission, and included submission to the Joint Legislative Oversight Committee on Medicaid and NC Health Choice in addition to the Committee). Now requires DHHS to ensure that all stakeholders, including prepaid health plans, are fully engaged in developing the mission, vision, goals and objectives of the Comprehensive Plan (previously, required DHHS to facilitate stakeholder cooperation and support and did not specifically include prepaid health plans).

    Regarding the content of the Comprehensive Plan, specifies that all components of the Plan are to be developed by DHHS with input from stakeholders. Modifies the required content as follows. Now requires that the Comprehensive Plan more specifically include a 10-year vision of a future State behavioral health system if the mission of the Comprehensive Plan is achieved, to be reviewed every three years and updated as appropriate to meet the State's needs and expectations (previously, did not require regular review and updates). Additionally, requires the three-year goal statements to be reviewed annually and updated as appropriate. Directs DHHS to submit updated objectives with the annual updates of the Comprehensive Plan submitted to the Committee. No longer requires the Comprehensive Plan to include activities to be undertaken to obtain the objectives. Concerning the assessment required in order to develop the Comprehensive Plan, adds staffing levels, training, and competency prepaid health plans to the required components of the assessment. Also requires assessment of access to behavioral health services provided by specific standards that can include six identified standards or others, as determined by DHHS (rather than services provided the most appropriate provider measured by at least four specified standards). Also requires the assessment to include the need and utilization of the behavioral health system by funding source, as well as coordination and integration of behavioral health care services that includes communication with, from, and between providers, LME/MCOs, and prepaid health plans (previously, only with, from, and between providers). Makes further clarifying and technical changes.

    No longer explicitly requires DHHS to identify a third-party vendor to assist in completion of the Comprehensive Plan in the event DHHS cannot complete the Plan in a timely manner. Now establishes a deadline by which DHHS must report to the Committee a pre-identified third-party vendor's completed Comprehensive Plan in the event DHHS determines by December 1 that the deadline will not be met, setting the reporting deadline for January 31, 2020 (previously, required DHHS to notify the Committee and the Joint Legislative Oversight Committee on Medicaid and NC Health Choice of the need for a third-party vendor and the anticipated deadline for completion of the Comprehensive Plan). 

    Part II.

    Makes further conforming changes to refer to the Comprehensive Plan for the Publicly funded Behavioral Health System in proposed GS 122-3(8b), GS 122C-112.1, and GS 122C-171. Also makes technical changes to proposed GS 122-3(8b) and the lead-in language to the proposed changes to GS 122C-55.

    Further amends GS 122C-112.1, adding to the DHHS Secretary's duties a charge to provide a detailed overview of the monitoring and oversight process to be in place for prepaid health plans as it applies to management of services for individuals with mental illness, intellectual and other developmental disabilities, traumatic brain injury, and substance use disorders.

  • Summary date: Apr 17 2019 - View Summary

    Part I.

    Provides legislative findings regarding the need for a comprehensive behavioral heath plan.

    Enacts GS 122C-102A to require the Department of Health and Human Services (DHHS) to develop and implement a State Comprehensive Plan for Behavioral Health Services (Comprehensive Plan), defined by the statute to include mental health, developmental disabilities, substance abuse, and traumatic brain injury services. Establishes that the Comprehensive Plan's purpose is to provide a framework to ensure oversight of State-funded behavioral health services managed by LME/MCOs and health care providers. Requires the Comprehensive Plan to be annually submitted to the specified NCGA committee by January 31. Mandates that the Comprehensive Plan be implementable and requires DHHS to facilitate cooperation and support from LME/MCOs, county programs, service providers, and consumers in developing the objectives of the Plan. Prohibits DHHS from adopting or implementing policies inconsistent with the Comprehensive Plan. Identifies five required components of the Comprehensive Plan, including a mission statement, a 10-year future vision, three-year goals, 12-month objectives, and activities to be undertaken to achieve the specified mission, vision, goals and objectives. Requires DHHS to complete an assessment of the current behavioral health system that includes assessment of six system areas, including staffing, training and competency, and coordination and integration of services. Directs DHHS to define outcomes and data to measure Comprehensive Plan progress minimally in the areas of employment, education, homelessness, imprisonment, and social detriments of health.

    Requires DHHS to identify and engage the services of a third-party vendor to assist in completion of the Comprehensive Plan in the event DHHS is unable to submit the Comprehensive Plan by the January 31 deadline or will not comply with the requirements of new GS 122C-10A, no later than January 1, in each year the Comprehensive Plan is due. Requires DHHS to report to the specified NCGA committees that the vendor will be completing the Comprehensive Plan and the anticipated completion deadline. Clarifies that no additional funds will be appropriated for these purposes.

    Part II.

    Repeals GS 122C-102, GS 122C-3(35d), and GS 122C-3(39), thereby eliminating the required development of a State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services every three years by DHHS.

    Amends GS 122C-3 to define Comprehensive Plan to mean the Plan under new GS 122C-102A. Makes conforming changes to amend GS 122C-55, GS 122C-112.1, and GS 122C-171 to refer to the Comprehensive Plan rather than the State Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services.