Bill Update for Week of February 14

Bills of Interest to People with Disabilities.  Click on the bill number to link to the General Assembly site on the bill.

HB 2, Protect Health Care Freedom (Barnhart, Stam, Hollo, Murry sponsors).  This bill seeks to prevent the implementation of the Affordable Care Act (i.e., healthcare reform legislation) provision that mandates individual health insurance.  It also mandates that the Attorney General has the duty to bring an action on behalf of NC citizens to enforce the law.  The bill moved quickly through the House and received a favorable vote in the Senate on February 16.  Because the Senate made changes to the bill (adding a provision that "Any funds required by the Office of the Attorney General to fulfill the responsibilities under this subsection shall be provided by the Department of Justice from other funds appropriated to the Department and from other grants or funding that are available from other sources"), it will now go back to the House before it goes to the Governor. On Friday, the Governor indicated that she will not veto the legislation, stating "This kind of legislation is essentially unnecessary from my perspective," and "It's not worth a battle" during an interview with The Charlotte Observer.

HB 28, DHHS to Provide Law Enforcement Information (Burr, Guice, Randleman, Ingle sponsors).  This bill seeks to require NC DHHS to provide law enforcement officers with certain personal information of any individual receiving services from DHHS for the purposes of furthering an investigation or locating a fugitive.  HB 28 was discussed but not voted upon in the House Judiciary B Committee on Wednesday.  A Proposed Committee Substitute (PCS) was presented to the committee.  The PCS added locating a missing person as an additional ground upon which law enforcement may seek the information; and also added blood type as one category of information that may be obtained.  Language was also added to state that any additional information, which is authorized for release to law enforcement agencies under State or federal law shall also be provided upon specific request.  DHHS voiced concern about the availability of such information at the state level.  Advocates raised privacy concerns.  Disability Rights NC is working with other advocacy groups and the bill sponsor to limit the implications on private health information. 

HB 104, ACH Pilot on Crisis Intervention Training (Farmer-Butterfield, Earle, Weiss, Hurley Sponsors). HB 104 directs the Division of MH/DD/SAS to coordinate a pilot program in 10 adult care homes identified as having a significant percentage of residents with a primary diagnosis of "mental health problems" and where crisis management has been a concern in the past to evaluate the effectiveness of crisis intervention training. It also directs the Division to consider modification of the current North Carolina Interventions (NCI) Prevention training to a one-day training program appropriate for adult care home staff, including personal care aides, medication aides, and supervisors employed by the participants in the pilot program. The bill is based on Recommendation 5.2 from the North Carolina Institute of Medicine Task Force on the Co Location of Different Populations in Adult Care Homes and as Recommended by the North Carolina Study Commission on Aging. It has been referred to the House Committee on Health and Human Services.



HB 106, Direct Care Worker Wage and Benefit Study (Farmer Butterfield, Pierce, Weiss and Hurley Sponsors). HB 106 directs the Division of Health Service Regulation, to coordinate a study of direct care worker wages and benefits and the impact these have on the supply of prospective employees and employee turnover.  It has been referred to the House Committee on Health and Human Services.


HB 107, GAST Training Pilot (Farmer Butterfield, Earle, Weiss, Hurley Sponsors). HB 107 seeks to establish a pilot training program in Adult Care Homes on preventing the escalation of behaviors leading to crisis based on Recommendation 5.1 from the North Carolina Institute of Medicine Task Force on the Co Location of Different Populations in Adult Care Homes and as recommended by the North Carolina Study Commission on Aging. The pilot training programs would utilize the existing Geriatric/Adult Mental Health Specialty Teams (GAST). It also seeks to amend G.S. § 131D 4.9 on Adult Care Home staff training to mandate that licensed Adult Care Homes permit the GASTs to conduct staff training. It has been referred to House Committee on Health and Human Services.

HB 108, DHHS Study of IOM Task Force Recom 3.1 (Farmer-Butterfield, Weiss, Earle, Hurley Sponsors). HB 108 directs the DHHS to study Recommendation 3.1 of the North Carolina Institute of Medicine Task Force on the Co Location of Different Populations in Adult Care Homes to assess the feasibility and implementation time line of a pilot program aimed at transitioning Adult Care Home residents to independent community based housing. DHHS is directed to evaluate and report on such elements as the feasibility of a Medicaid 1915(i) state plan amendment or a 1915(c) Home and Community Based Services waiver; a process to evaluate residents of adult care homes to determine whether they can live independently in the community with services, supports, counseling, and transition services; policy implications, impact on current programs, and cost of developing and implementing an additional Special Assistance program option that would be similar to the existing Special Assistance in home program; and the existence of statutory and regulatory barriers to independent living for people with disabilities. The bill has been referred to the House Committee on Health and Human Services.


HB 110, Task Force on Fraud Against Older Adults (Farmer Butterfield, Weiss, Pierce and Hurley Sponsors). HB 110 directs the Consumer Protection Division of the NC Department of Justice to coordinate a task force on fraud against older adults, as recommended by the North Carolina Study Commission on Aging. It has been referred to the House Committee on Health and Human Services.


HB 114, Assistance to Voters in Family Care Homes (Setzer Sponsor). HB 114 seeks to amend the state statute governing assistance to voters to limit assistance to persons with disabilities living in Family Care Homes to assistance from a legal guardian. This would be an unnecessary and discriminatory barrier to voting for individuals who reside in Family Care Homes. It has been referred to the House Election Law Committee.


HB 115, North Carolina Health Benefit Exchange Act (Dockham, Brubaker, Wray, Murry Sponsors). HB 115 seeks to establish a Health Benefit Exchange to make available qualified health benefit plans beginning in 2014. Under the Affordable Care Act, states must either create their own state exchange or opt in to the federal exchange. This bill creates a version of the exchange that is governed by a board that includes insurers as voting members and less consumer protections than another version of the bill also filed this week, HB 126. This bill sets up an exchange very different from anything discussed at the NC Institute of Medicine Health Benefit Exchange workgroup. Disability Rights NC is working with other health advocates to oppose this bill. This bill has been referred to the House Committee On Health and Human Services.



HB 126, Health Benefit Exchange (Insko, Hall, Fisher Sponsors). This version of the Health Benefit Exchange more closely aligns with a number of aspects developed through the NC Institute of Medicine workgroup process. It does not allow insurers to serve as voting board members and contains more consumer protections. It was filed in the House on February 16 and has not yet been referred to a committee.


HB 127, Expand Capitated Waiver (Insko, Barnhart, Alexander Sponsors). HB 127 allows DHHS to expand the 1915(b)/(c) Medicaid waiver to any additional local management entity catchment area upon demonstrating to the satisfaction of the General Assembly that the expansion (i) is allowable under Medicaid, (ii) will result in savings to the State, and (iii) will provide outcomes equal to or better than those that could be achieved without the proposed expansion. It was filed in the House on February 16 and has not yet been referred to a committee.


HB 143, ACH and 122C Screening & Assessment Funds (Farmer-Butterfield, Weiss, Earle, Pierce Sponsors). HB 143 seeks funding to support implementation and use of standardized preadmission screening, resident assessment, and care plan development for adult care homes and facilities licensed under Chapter 122C of the General Statutes. It is based on recommendation 4.1 from The North Carolina Institute of Medicine Task Force on the CoLocation of Different populations in adult care homes, and as recommended by the North Carolina Study Commission on Aging. It was filed in the House on February 17 and has not yet been referred to a committee.


SB 8, No Cap on Number of Charter Schools (Stevens sponsor). This bill eliminates the existing cap of 100 charter schools. SB 8 received a favorable vote from the Senate Education committee this week, after adopting a new Proposed Committee Substitute, different from the version adopted in the subcommittee last week. The bill was then referred to the Senate floor but was pulled from the calendar on Thursday and will be heard in the Finance committee on Tuesday, February 22. The bill still has objectionable language that Disability Rights NC fears will allow discrimination against students with disabilities.


SB 70, Expunge Nonviolent Crimes (Kinnaird). SB 70 seeks to allow expunction of convictions for certain nonviolent criminal offenses upon application and a fee, to allow disclosure of expunged information to law enforcement agencies and other specified agencies for employment and licensing purposes, and to require those agencies to maintain the confidentiality of the expunged information. The bill has been referred to Senate Judiciary I, and if favorable to Finance.



SB 72, Social Security Increase (Kinnaird). SB 72 seeks to allow an income disregard to maintain Medicaid eligibility when Social Security cost of living increases put a recipient slightly over the federal poverty level. This bill was also filed in 2009 and was successfully voted out of the Senate but did not proceed through the House. It has been referred to the Senate Health Care committee, and to Finance if favorable.