Bill Summary for S 459 (2023-2024)

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Summary date: 

Mar 30 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 459 (Public) Filed Thursday, March 30, 2023
AN ACT EXEMPTING PROVIDERS OF PHYSICIAN OFFICE-BASED VASCULAR ACCESS PROCEDURES FROM CERTIFICATE OF NEED REVIEW.
Intro. by Hise, Krawiec.

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Bill summary

Amends GS 131E-175 (findings of fact related to certificate of need law) by adding findings related to vascular access sites and end-stage renal disease. Amends GS 131E-178 (pertaining to activities requiring a certificate of need) to expand limited exemption to certificate of need requirements to include vascular access for hemodialysis, subject to certain conditions. (Currently, exemption just applies to gastrointestinal endoscopies.)

Exempts persons who provide vascular access for hemodialysis in a physician office-based vascular access center located in a non-licensed setting from obtaining a certificate of need to license that setting as an ambulatory surgical facility with the existing number of vascular access procedure rooms if: (1) the license application is postmarked for delivery to the Division of Health Service Regulation by December 31, 2023; (2) the applicant verifies, by affidavit submitted to the Division of Health Service Regulation, within 60 days after the effective date of the act, that the facility was in operation as of the effective date of the act or that the completed application for the building permit for the facility was submitted by the effective date of the act; (3) the facility has been accredited by the Accreditation Association for Ambulatory Health Care, The Joint Commission, or the American Association for Accreditation of Ambulatory Surgical Facilities by the time the license application is postmarked for delivery to the Division of Health Service Regulation; and (4) the license application includes a commitment to and a plan for serving indigent and medically underserved populations.

Prohibits the annual State Medical Facilities Plan from including policies or need determinations that limit the number of vascular access procedure rooms that may be approved.

Makes conforming changes to section title. Makes technical and organizational changes.

Effective October 1, 2023.