Bill Summary for H 106 (2019-2020)

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Summary date: 

Jun 27 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 106 (Public) Filed Tuesday, February 19, 2019
AN ACT TO IMPROVE INMATE HEALTH CARE REIMBURSEMENT AND INTERNAL PROCESSES AND TO ESTABLISH A TELEMEDICINE PILOT PROGRAM; IN ADDITION TO DIRECTING THE DEPARTMENT OF PUBLIC SAFETY TO PARTNER WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES FOR THE PURCHASE OF CERTAIN MEDICATIONS FOR INMATES, TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO ISSUE REQUESTS FOR PROPOSALS FOR PARTNERSHIPS BETWEEN NORTH CAROLINA 340B PROGRAM ENTITIES AND THE FOUR NORTH CAROLINA PRISON REGIONS, TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO PARTNER WITH THE UNIVERSITY OF NORTH CAROLINA HEALTH SYSTEM TO SHIFT PRESCRIBING AUTHORITY ON CERTAIN MEDICATIONS, AND TO DIRECT THE DEPARTMENT OF PUBLIC SAFETY TO SUBMIT VARIOUS REPORTS TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON JUSTICE AND PUBLIC SAFETY AND THE FISCAL RESEARCH DIVISION.
Intro. by Horn, Farmer-Butterfield, Lucas, R. Turner.

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Bill summary

Senate committee substitute to the 4th edition makes the following changes. 

Removes the specified effective dates in GS 143B-707.5(b) and (c) of July 1, 2019, and October 1, 2019, and instead makes the entire statute (concerning Medicaid services for inmates) effective October 1, 2019. 

Requires the report on the feasibility study of telehealth services to be made by August 1, 2019, instead of July 1, 2019.

Adds the following.

Requires the Department of Public Safety (DPS) to establish and implement a partnership with the Department of Health and Human Services (DHHS) in order for DPS to be eligible to operate as a 340B covered entity. Requires DPS to contract for consultant services in order to implement this section. Requires DPS to: (1) submit an application during the next registration period to enroll in the federal 340B Program to be able to access 340B Program pricing for medications used to treat the human immune deficiency virus, the hepatitis C virus, and eligible sexually transmitted diseases; (2) provide DHHS with data and necessary documentation as frequently as it is needed by DHHS; (3) ensure that DPS pharmacies are compliant dispensing pharmacies under the 340B Program; (4) coordinate with one or more vendors to purchase STD 340B Program medications that result in the greatest overall cost savings to the State; and (5) develop a separate inventory to track 340B Program medications. Requires DPS to report to the specified NCGA committee and division by October 1, 2019, on implementation of these requirements. 

Requires DPS to develop a plan by December 1, 2019, to issue request for proposals (RFP) and sets out additional requirements of the RFP. Requires DPS to issue one RFP for each of the four prison regions. Requires the RFPs to seek partnerships between the prison regions and one or more 340B Program entities in the State and express a preference for bidding entities that would use DPS as a contract pharmacy for 340B Program medications. Requires each RFP to at least require that an entity's bid include: (1) an explanation of the bidding entity's ability to purchase the specified types of medications; (2) a commitment, as a 340B Program covered entity, to purchase medications under the 340B Program on behalf of DPS and to pass all related savings on to the State; (3) a description of the 340B Program correctional partnership model the bidding entity would use based on the seven correctional partnership models provided in the specified report; and (4) an explanation of the manner in which specialty care and 340B pharmacy services will be provided. Requires services to be provided in a manner that improves or maintains quality and continuity of patient care. Requires DPS to report to the specified NCGA committee and division by December 1, 2019, on the plan, and quarterly thereafter until RFPs for all prison regions are awarded.

Requires DPS to partner with UNC Health Care System (UNC) by October 1, 2019, to begin receiving all 340B Program savings from medications prescribed to inmates, but not administered, at a 340B Program-registered UNC-HCS site for non-HIV and non-HCV medications. Requires DPS to direct that the prescribing authority of DPS providers be transferred to UNC providers for identified inmates treated at a 340B Program-registered UNC site. Requires that by October 1, 2019, DPS and UNC: (1) identify the UNC inmate patients for whom shifting prescriptive authority to UNC is feasible and appropriate; (2) establish a method for improving or maintaining quality and continuity of patient care once the prescriptive authority has shifted to UNC; (3) develop mechanisms to ensure that the communication between the UNC prescriber and the DPS physician maintains the quality and continuity of care that inmates currently receive; and (4) select the UNC-HCS pharmacy, the DPS Apex Central Pharmacy, or a combination of both, as the pharmacy through which medications will be dispensed.  Requires DPS and UNC to establish a Memorandum of Agreement to require UNC to pass through all of the 340B Program savings for medications specified. Requires a report to the specified NCGA committee and division by October 1, 2019, and monthly thereafter until implementation, on the progress made toward implementation. 

Enacts new GS 143B-707.5 requiring DPS to report to the specified NCGA committee and division annually beginning October 1, 2020, on: (1) savings achieved from its partnership with DHHS for the purchasing of certain medications for inmates under the federal 340B Program; and (2) savings achieved from its partnership with UNC for the provision of inmate medications and services under the federal 340B Program. Requires DPS to report to the specified NCGA committee and division by October 1, 2021, and annually thereafter, on savings achieved from the partnerships between the four prison regions and North Carolina 340B Program entities for the provision of inmate medications and services under the Federal 340B Program.

Changes the effective date of the act from July 1, 2019, to when the act becomes law. 

Makes conforming changes to the act's titles.