Bill Summary for S 425 (2023-2024)
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- Business and Commerce
- Occupational Licensing
- Courts/Judiciary
- Civil
- Civil Procedure
- Juvenile Law
- Abuse, Neglect and Dependency
- Criminal Justice
- Corrections (Sentencing/Probation)
- Education
- Preschool
- Government
- State Agencies
- UNC System
- Department of Health and Human Services
- Local Government
- Native Americans
- Health and Human Services
- Health
- Health Care Facilities and Providers
- Health Insurance
- Mental Health
- Social Services
- Adult Services
- Child Welfare
- Public Assistance
Bill Information:
View NCGA Bill Details | 2023-2024 Session |
AN ACT MAKING MODIFICATIONS TO LAWS PERTAINING TO HEALTH AND HUMAN SERVICES.Intro. by Krawiec, Burgin, Corbin.
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Bill summary
Conference report makes the following changes to the 3rd edition.
Makes organizational and technical changes. Amends the act’s long title.
Part XI
Section 11
Removes references to Part 3A, the Hospital Violence Protection Act. Amends the first prong of the summary report requirement under GS 131E-88(b1) so that the report must contain the process for the development of the security risk assessment, including the types of professionals who participated in the development of the assessment (was, types of professionals involved in the assessment only). Adds new reporting prong so that the hospital must also include any barriers to fully implement the security risk assessment findings, and if applicable, any barriers to the required presence of a law enforcement officer, and the hospital’s planned efforts to overcome these barriers by June 1, 2025. Makes organizational change to the effective date.
Adds the following new content:
Part XIII
Section 13
Increases the territorial jurisdiction of a UNC or UNC Health Care System campus police officer under GS 116-40.5 so that it also includes property managed or controlled by the officer’s employing institution (currently just property owned or leased). Replaces references to "teaching hospitals affiliated but not part of any UNC constituent institution" to "the UNC Health Care System." Amends UNC Health Care System’s Board of Directors' powers under GS 116-350.15(c)(14) as amended, so that it can also designate, employ, expend funds for, and otherwise engage legal counsel (including private counsel) in any matter it deems necessary to represent the interests of the system and its affiliates, component units, officers, or employees (currently, can just designate counsel and legal staff to represent it at certain commitment hearings held at UNC hospitals and affiliates). Makes technical and conforming changes to GS 116-350.105 (defense of actions of covered persons under system self-insurance plans). Adds new GS 131E-14.3 (lease or sale of hospital facilities to certain political subdivisions) allowing a municipality or hospital authority, or a nonprofit corporation controlled or established by a municipality or hospital authority, to enter into any transaction or agreement with a political subdivision of the State established under GS 116-350.5, or any of that political subdivision's component units or System affiliates, for the direct or indirect lease, sale, conveyance, assignment, or acquisition of, or acceptance of membership interest in, a hospital facility or any part of a hospital facility, notwithstanding any applicable State law. Clarifies that no party to a transaction or agreement permitted by GS 131E-14.3 is required to comply with GS 131E-8 (sale of hospital facilities to nonprofits), GS 131E-13 (lease or sale of hospital facilities to or from for-profit or nonprofit corporations or other entities by municipalities and hospital authorities), or GS 131E-14 (lease or sale of hospital facilities to certain nonprofit corporations) in conjunction with entering into or effectuating any such transaction or agreement. Effective July 1, 2024.
Part XIV
Section 14
Encourages the Secretary of the Department of Health and Human Services (DHHS) and the local management entity/managed care organizations (LME/MCOs) to enter into any intergovernmental agreements allowable under federal and State law with the Eastern Band of Cherokee Indians to facilitate the use of tribal health facilities by any residents of the State seeking voluntary admission to those facilities or subject to involuntary commitment under State law. Specifies that these agreements may address matters such as transportation of individuals under involuntary commitment and assurances of compliance with State and tribal court orders, and other matters, as necessary. By February 1, 2025, requires DHHS, in consultation with the LME/MCOs, to report to the specified NCGA committee on whether any intergovernmental agreements have occurred and whether any legislative changes are necessary to further facilitate the use of tribal health facilities by state residents.
Part XV
Section 15
Amends Section 9D.9 of SL 2023-134 (2023 Appropriations Act) so that the $900,000 in nonrecurring funds appropriated to the Department of Health and Human Services, Division of Child Development and Early Education, to be allocated to the North Carolina Partnership for Children Inc. (NCPC) to provide the State portion of funding for the Tri-Share Child Care pilot program, does not revert at the end of the 2023-25 fiscal biennium but remains available for costs associated with the pilot program until spent. Designates NCPC as accountable for the programmatic and fiscal integrity of the Tri-Share Child Care program and services. Directs NCPC to implement standardized procedures to ensure the pilot program is operated consistently among all regional facilitator hubs. Sets a nine-month deadline from the date of the act for NCPC and the regional facilitator hubs to design the pilot program, establish the program infrastructure, and recruit participating child care providers and employers. Permits NCPC to contract with a third-party administrator to assist with centralized enrollment, payment processing, and other financial transactions. Requires NCPC to conduct financial and compliance monitoring of the regional facilitator hubs and the third-party administrator, if applicable. Requires program eligibility be based on standardized criteria. Makes technical, clarifying, and conforming changes.
Part XVI
Section 16
Directs the area director of Trillium Health Resources to submit for approval a new alternative board structure to the DHHS Secretary. Allows the Secretary to approve the new alternative board structure and appoint the initial board members without each county in the catchment area adopting a resolution approving the board structure or appointing the board members.
Part XVII
Section 17
Amends GS 90-3 (review panel for the state’s medical board) as follows: (1) now allows the public member to be a person who has previously served on that board, (2) provides for three-year terms ending December 31 of the last year of the term, (3) establishes term limits of two terms, (4) expands the criteria that the review board must consider in making member recommendations to include medical specialty.