Bill Update for Weeks of April 18 and April 25

HB 234, Juror Qualifications/Disabilities (Glazier, S. Stevens, Parfitt, Samuelson Sponsors). HB 234 seeks to amend the current Juror Qualifications statute to remove the ability to hear as a requirement to serve as a juror. It also seeks to amend the statute regarding Requests to be Excused from Jury Duty to allow potential jurors with a disability to request to be excused if the person feels that their disability could interfere with their ability to serve as a juror. It was signed by the Governor on April 19, Chaptered Session Law 2011 42.

HB 344, Tax Credits for Children with Disabilities (Stam, Randleman, Jordan and Jones Sponsors). The bill creates an individual income tax credit for families of children with disabilities who require special education and are attending a nonpublic school, in a public school at which tuition is charged, or homeschooled. It also creates a Fund for Special Education and Related Services. The bill received a favorable report from the House Education committee last week and will next be heard in the House Finance committee.

HB 397, DHHS Penalties and Remedies Revision (Lewis Sponsor). HB 397 seeks to amend facility penalty provisions under 122C, 131D and 131E to split Type A violations into Type A1 (violations that result in result in death or serious physical harm, abuse, neglect, or exploitation) and Type A2 violations (violations that result in substantial risk that death or serious physical harm, abuse, neglect, or exploitation will occur). The concerns that Disability Rights NC had with the bill were addressed and we do not oppose the bill. It received a favorable report from the House Judiciary A Committee, and will next be heard in House Finance.

HB 417, Extend Time for Site of Low/Moderate Income Housing (McGrady Sponsor). HB 417 seeks to extend the time, for tax purposes, that real property may be held by a non-profit organization as a future site for housing for individuals or families with low or moderate incomes fro m 5 to 10 years. It received a favorable report from the House Commerce committee and will next be heard in the House Finance committee.

HB 423, Enact First Evaluation Program (Hurley Sponsor); SB 437 (Hartsell Sponsor). HB 423 seeks to codify a practice that has been piloted that allows the Secretary to waive the requirements for a physician or eligible psychologist to perform the initial examination for involuntary commitment and substitute a licensed clinical social worker, a master's level psychiatric nurse, or a master's level certified clinical addictions specialist at the request of an LME. The House version was heard the week of 4/18 in the House Health and Human Services committee where the bill was amended to limit clinical addiction specialists to commitments involving substance abuse. The bill was scheduled to be heard in the full House last week but was pulled from the calendar and d referred back to the Health and Human Services committee.

HB 474, Protect Adult Care Home Residents (Weiss, Hollo, Farmer-Butterfield, Earle Sponsors). HB 474 proposes changes to Chapter 131D governing adult care homes to increase minimum continuing education, training, competency evaluation and inspection requirements for Adult Care Home medication aides, related to Infection Control Requirements. A committee substitute was approved by the House Health and Human Services committee and the full House last week.

HB 509, Exclusions from Licensure: Home Services (Hurley Sponsor). HB 509 seeks to allow people with disabilities who receive MH/DD/SA services to live together as roommates without their home being considered a facility for licensing purposes. The bill received a favorable report from House Health and Human Services and the full House this week. Thanks to Sponsor Representative Hurley!

HB 618, Streamline Oversight/DHHS Service Providers (Lewis, Hurley sponsors) (SB 525 was also filed). HB 618 seeks to streamline duplicate oversight of DHHS service providers. The bill was heard but not voted on in the House Health and Human Services committee the week of April 18. Because of the number of questions and concerns about this bill, the sponsor agreed to postpone a vote to allow the interested groups, including Disability Rights NC, to work out their differences.

HB 659, Capital Procedure/Severe Mental Disability (Stevens, Glazier, McGrady, Harrison Sponsors). This a Disability Rights NC agenda bill. It seeks to amend the capital trial, sentencing and postconviction procedures for a person with a severe mental disability to address the issue upfront in trial, and to remove the death penalty as the highest punishment if the individuals qualifies as a person with severe mental disability under the law. It also seeks to provide that Not Guilty by Reason of Insanity is not an available defense if prior alcohol or drug use are the sole cause of the psychosis. It received a favorable report from the House Judiciary B committee the week of April 18 and will next be heard by the House Appropriations committee.

HB 734, Require Photo ID/Food Stamps Program (Warren, Brown, Lewis, Moore Sponsors). HB 734 seeks to require DHHS to issue debit cards that contain photo identification on the card for participants in the Supplemental Food and Nutrition Program (SNAP).  A committee substitute was approved by the House Judiciary C subcommittee, and, will next be heard in Finance.

HB 736, Amend Law re: School Discipline (Langdon, Luebke, Daughtry, Lucas Sponsors). HB 736 seeks to make a number of changes to Chapter 115C regarding school discipline with the goal of keeping students in school. A committee substitute received a favorable report the week of April 18 and the bill was approved by the full House this week. As amended, the bill makes clear that the local board of education, in its discretion, may provide students an opportunity for a review or appeal of a short term suspension to the superintendent or local board of education. The bill now proceeds to the Senate.

HB 808, Revise Laws on Adult Care Homes (Burr Sponsor). HB 808 seeks to waive annual inspections of Adult Care Homes that achieve the highest rating, and to develop an informal dispute resolution procedure that allows Adult Care Homes to dispute cited inspection deficiencies. The intent of the department is to focus more time on the homes with more problems. A committee substitute received a favorable report from the House Health and Human Services committee, and passed 2d reading in the full House this week.

SB 33, Medical Liability Reforms (Rucho, Apodaca, Brown sponsors). SB 33 seeks to limit medical liability claims through several reforms including a higher standard for liability when providing emergency medical care, ordering bifurcation upon motion of any party, and limiting the amount of noneconomic damages that may be awarded. The bill was heard and voted on favorably in the full House the week of April 18. Last week, the Senate voted on whether to concur the House committee substitute, which failed. The House and Senate will now negotiate their differences in a conference committee.
SB 328, Report on Transfer of CAP-MR/DD UR to LMEs (Nesbitt Sponsor). HB 75 seeks to require a report of DHHS to the Legislative Oversight Committee on MH/DD/SAS on the implementation of Utilization Review by designated LMEs for services provided under the CAP-MR/DD program. The report is to include a cost comparison and a report on accountability measures used by the LMEs to ensure the accuracy of the decisions.  The bill received a favorable report from the Senate Mental Health committee, and will next be heard in Appropriations.

SB 334, Expand Inpatient Psychiatric Beds/Funds (Nesbitt Sponsor). SB 334 seeks $39 million for the expansion of local inpatient psychiatric beds or bed days, as recommended by the MH/DD/SAS Legislative Oversight Committee. The bill received a favorable report from Senate Mental Health, and will next be heard in Appropriations.

SB 335, Apply for TBI Medicaid Waiver (Nesbitt Sponsor). SB 335  directs the DHHS to apply for a 1915(c) Medicaid waiver, in consultation with the North Carolina Traumatic Brain Injury Advisory Council,  to permit persons who sustain traumatic brain injuries to access home and community based Medicaid services. The Department shall not submit the application to CMS unless the General Assembly identifies a source of funding sufficient to provide the match for this proposed waiver from State appropriations earmarked for persons with traumatic brain injury. The bill received a favorable report from Senate Mental Health, and will next be heard in Appropriations.

SB 401, ACH Pilot on Crisis Intervention Training (Bingham Sponsor). SB 401 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.  The bill received a favorable report from the Senate Mental Health committee and the full Senate last week.

SB 421, GAST Training Pilot (Bingham Sponsor). SB 421 directs the DHHS Division of MH/DD/SAS to establish a pilot training program using Geriatric/Adult Mental Health Specialty Teams to conduct training in Adult Care Homes on preventing the escalation of behaviors leading to crisis, based on a recommendation of the NC Institute of Medicine Task Force on the Co-Location of Different Populations in Adult Care Homes. It received a favorable report from the Senate Mental Health committee and the full Senate last week.

SB 474, Photo ID for Certain Controlled Substances (Apodaca, Hise Sponsors). SB 374 seeks to direct pharmacies to require photo identification prior to dispensing Schedule II Controlled Substances. Schedule II includes a number of drugs for pain relief, and amphetamine substances (like Adderall). A committee substitute that added some Schedule III substances was adopted by the Senate Judiciary I committee, and the bill was approved by the full Senate. It will next be heard in the House Judiciary committee.

SB 498, Modify Law re: Corporal Punishment (Pate, Purcell Sponsors). SB 498 seeks to amend the law related to corporal punishment of children in public schools to restrict corporal punishment only to students whose parent or guardian has stated in writing that corporal punishment may be administered on that student (an Opt-in). The bill received a favorable report from the Senate Education committee several weeks ago, but ran into some opposition from the NC Family Policy Council when it was set to be heard in the full Senate. The Family Policy Council, which is dedicated to the preservation of the family and traditional family values, objected to the opt-in procedure of the bill, which, oddly enough, gives parents the absolute right to decide whether their child will be subjected to corporal punishment. The bill is likely to proceed with an opt-out, instead of an opt-in for parents (i.e., if a parent does not respond on the form that is sent home about corporal punishment, the school will take that as agreement from the parent that their child may be subjected to corporal punishment.).

SB 607, Conform Medical Record Laws (Stein). SB 607 seeks to amend various sections in the General Statutes to make it easier to share currently protected health information. The bill as filed allows service providers to share confidential information to coordinate (which means the provision, coordination, or management of MH/DD/SA services and includes the referral of a client from one facility to another) to coordinate appropriate and effective care, treatment or habilitation of the client. Before making such disclosures, the provider shall inform the client that the facility may make such disclosures unless the client objects in writing. If the client objects in writing, the disclosures are prohibited. A covered entity receiving confidential information under this provision may use and disclose the information when necessary to conduct quality assessment and improvement activities or to coordinate appropriate and effective care, treatment, or habilitation of the client. This language was a compromise reached among the provider community, DHHS and advocates. However, despite an understanding on the compromise language, Community Care of North Carolina and the NC Medical Society lobbied Senator Stein to change the language to allow disclosure of confidential information for any HIPAA purpose, not just for the limited purposes of conducting quality assessment and improvement activities or to coordinate appropriate and effective care, treatment, or habilitation of the client. Despite the objections of Disability Rights NC, Senator Stein proceeded with the language proposed by CCNC and the Medical Society. There were comments on both sides in the committee – the focus of those seeking broader disclosure is simply to make it easier for physicians to share confidential information about patients. Disability Rights NC and NAMI NC spoke in favor of limiting purposes for disclosure on the grounds that broad disclosure could be detrimental to patients with mental health disabilities that unfortunately remain greatly stigmatizing, and could serve as a disincentive to patients to even seek treatment. The committee gave the bill a favorable report with the understanding that the sponsor would continue to work with us. However, as of right now, the bill is scheduled for Monday evening. Disability Rights NC continues to advocate for limited disclosure of protected mental health information.

House Budget Update

The full House Appropriations committee met in a marathon session on Wednesday to consider the full House budget proposal.  The committee met for 7 hours and voted on 70 amendments.  The amendments are online here.  The Money Report is here, and the Special Provisions are here.  Thanks to our new Policy Analyst Corye Dunn for covering the Appropriations Committee yesterday!  The full House will vote on the budget next week.  The budget will then go to the Senate, and finally the two chambers will work out their differences before sending the budget to the governor.

A few points on the amendments:

• Residential Schools for the Deaf and Blind (Page F6 of Money Report) - this change was actually made before yesterday but we didn't note previously: when the Education subcommittee eliminated the full-time Superintendent position, the money saved did go back into the schools overall budget, reducing the amount of overall reductions to the schools from $1.7 mil to $1.55 mil.
• There was an amendment  (by Representative Glazier) to ensure that there would be no elimination of positions in the Positive Behavior Support program at the Department of Public Instruction.
• There was an amendment (by Representative Burr) to allow the department the flexibility of adjusting Medicaid provider rates prior to October 1.
• There was a motion made by Representative Ingle to close Samarkand Youth Development Center the second year of biennial instead of the first, but the amendment failed.
• There was an amendment (by Representative Dollar) that allows funds allocated to LMEs for community mh/dd/sa services to be used to purchase additional local inpatient beds, at the discretion of the Secretary.
• Another amendments (by Representative Torbett) moved money from the Housing Trust Fund, an essential resource for affordable housing in NC, to the Department of Cultural Resources.
• Representative Dollar also moved for an amendment to continue exception to pre-authorization requirements for prescriptions related to the treatment of mental illness and HIV/AIDS.

After the full budget passes the House next week, we will provide a summary and highlight the issues of greatest concern to us.

Together NC Speak NC Series

Disability Rights NC is a member of Together NC.  We’re excited to share the release of the third installment of the Speak NC series - http://www.speaknc.org/2011/04/speech-therapist/.


The video is a poignant reminder about the power of communication and the importance of services like speech therapy in North Carolina. Unfortunately, with legislators proposing hundreds of millions of dollars to cuts in Medicaid, it’s unclear whether or not many of North Carolina’s speech therapists will be able to stay in business.

Below is the press release that went out with the video earlier this morning:
New video spotlights importance of North Carolina speech therapists

The weekly videos from Together NC’s Speak NC campaign document individuals, families, and groups who rely on state services
RALEIGH (April 25, 2011) – A powerful new video released today spotlights how state speech therapists change lives for the better. The Speak NC video, released by the Together NC coalition, is part of a campaign documenting the positive impact of state programs and services on families and communities throughout North Carolina.

The ability to communicate is an integral part of getting an education, building relationships and finding a job. That’s why North Carolina chooses to provide speech therapy services through its Medicaid program. The video follows one such speech therapist, Allison Crumpler from Raleigh.

Specifically, North Carolina’s speech therapists work with patients on a wide variety of issues, including articulation disorders, stuttering, auditory comprehension disorders, expressive communication disorders, swallowing disorders, voice disorders, and literacy and written language disorders.

Currently, there are over 5,600 licensed speech therapists in North Carolina, but with legislators proposing hundreds of millions of dollars of cuts in Medicaid, it’s unclear whether or not many of North Carolina’s speech therapists will be able to stay in business.

The video is the third in a series produced by Together NC. The videos highlight North Carolina residents who benefit from vital public investments. The videos are available on the new Speak NC website. Speak NC aims to show the human impact of state programs and services that touch thousands of North Carolinians every year.

Each Monday, Speak NC will post a new video that documents how an individual, family, or group of people benefits from various state services. Many of these services are at risk of severe cuts, as state legislators meet at the General Assembly and strategize how to balance the state budget.

“Missing from our state budget debate was a real sense of how state services impact real people, their families, and communities amidst all the numbers,” said Louisa Warren, a coordinator of Together NC. “Speak NC is about changing that and bringing forth the voices of North Carolinians to speak for themselves about how public investments have enriched their lives and paved the way for economic opportunity.”

Together NC invites citizens to watch the stories on Speak NC and share them with friends, family, and local legislators to demonstrate how many of these programs provide crucial aid to families and bolster local economies.

Visit Speak NC at www.speaknc.org

Bill Update for the Week of April 18 - New bills filed

The Senate bill filing deadline was last week.  Summaries of the bills relevant to people with disabilities from this last batch of bills are below.  An update of action on previously filed bills will be forthcoming.

SB648 AMEND LAW RE: SCHOOL DISCIPLINE (Preston; Tillman; Hartsell) SB 648 is the Senate version of HB 736, which is proceeding through the House. The bill has been referred to the Senate Committee on Education.


SB650 SPENDING REDUCTION WITH MEDICAL HOUSE ARREST (Vaughan ) SB 650 would authorize a Sheriff to place certain defendants or prisoners on medical house arrest with electronic monitoring in lieu of confinement to the local confinement facility and to authorize the post release supervision and parole commission to release certain prisoners who require ongoing major medical treatment on medical release, provided the prisoner is placed on house arrest with electronic monitoring. The bill has been referred to the Senate Committee on Judiciary II.

SB654 WC/ADJUST ORGAN INJURY BENEFIT ANNUALLY (Goolsby; Newton; Daniel) SB 654 would amend the workers' compensation act to provide for the annual adjustment of the benefit for permanent injury to an important bodily organ. This bill has been referred to the Senate Committee on Judiciary I.


SB656 RIGHT TO CHOOSE PHYSICAL THERAPIST (Davis) SB 656 seeks to ensure that patients have the right to choose their physical therapists under their health benefit plans. The bill has been referred to the Committee on Insurance.

SB657 VOTING INTEGRITY (Davis; Daniel; Hise) SB 657 is one of several bills aimed at changing voting procedures including absentee voting, one-stop early voting, and registration for new voters. This bill would make it more difficult for newly-eligible young voters to participate in elections and narrows the times and places at which one-stop voting can be conducted, among other provisions. Disability Rights NC opposes any legislation that is likely to reduce the electoral participation of people with disabilities, a group that already votes at rates 10-15% lower than the rest of the population. The bill has been referred to Senate Committee on Judiciary I.


SB669 DIX PROPERTY MENTAL HEALTH TRUST FUND (Atwater) SB 669 seeks to require that proceeds from any sale of the Dorothea Dix Hospital Property be placed in the State’s Trust Fund for Mental Health. The bill was referred to the Senate Committee on Mental Health & Youth Services.


SB674 CIVIL JUSTICE SYSTEM REFORMS (Brunstetter; Brown, H.; Rucho) SB 674 seeks to reduce the amount of money a plaintiff is eligible to recover in a civil law suit by allowing evidence of payments made, on behalf of the plaintiff, for any medical expenses or other damages the plaintiff is seeking. Most notably the bill eliminates the state’s long history of joint and several liability in civil cases where more than one person is at fault. This places the risk on the shoulders of the person who is least able to bear it, the one who has been injured. The bill also limits the scope of testimony admissible from an expert witness; limits the attorney fees that can be awarded to a plaintiff; and limits the liability of people in possession of land when a trespasser is injured. The bill has been referred to Senate Committee on Judiciary I.

SB697 PATIENT ADVOCACY & PROTECTION ACT (Stein) SB 697 would prohibit an employer from retaliating against a nurse who makes a good faith report concerning patient medical care or who engages in patient advocacy. The bill would also protect anyone who advises a nurse about the right to make a good faith report or engage in patient advocacy. The bill has been referred to the Senate Committee on Rules.

SB707 SCHOOL VIOLENCE PREVENTION ACT (Tucker) SB 707 seeks to require school superintendents to report many acts, including assault resulting in serious personal injury, sexual assault, sexual offense, rape, kidnapping, indecent liberties with a minor, assault involving the use of a weapon, possession of a firearm in violation of the law, possession of a weapon in violation of the law, or possession of a controlled substance in violation of the law that occur on school grounds to local law enforcement. The bill also requires that the local board of education or superintendent shall expel, or remove to an alternative education setting, any student who has been convicted of a felony, adjudicated delinquent for an offense that would be a felony if committed by an adult, arrested two or more times, or alleged to be delinquent or undisciplined two or more times. These proposed changes to the law would disproportionately affect students with disabilities and would reinforce the school to prison pipeline that is already a problem. While the above items cause Disability Rights NC grave concern, the bill goes further to relieve school personnel of liability for using force to correct pupils and maintain order in the schools or for failing to intervene in an altercation between students creating the likelihood of real danger for students in North Carolina schools.  Disability Rights NC is opposed to the bill.  The bill has been referred to the Senate Committee on Judiciary II.


SB714 SATELLITE EARLY VOTING MINIMUM TIMES (Nesbitt) SB 714 would require that in general elections within each county all satellite early voting sites are open at least the same number of days and hours each week as the board of elections office site. The bill has been referred to Senate Committee on Judiciary I.

SB717 PHOTO I.D. FOR SNAP RECIPIENTS (Mansfield) SB 717 would require the Department of Health and Human Services to issue debit cards to access Supplemental Food and Nutrition Program (SNAP) that include photo identification of the recipient. The bill has been referred to the Committee on Agriculture.


SB724 AN ACT TO IMPROVE PUBLIC EDUCATION (Stein, Tillman) SB 724 would make a number of changes. First it would increase the course requirements and the years of study required by UNC system teacher training programs, require prospective elementary school teachers in those programs to complete courses in teaching reading and mathematics, and increase requirements for technology and evaluation coursework. The bill would require local boards of education to create and implement plans for the transition of at-risk students from elementary to middle school and from middle to high school. The 25 schools with the highest dropout rates would have both longer school days and longer school years. Additionally the State Board of Education would be required to reconsider the high school graduation requirements for those students who do not plan to continue their education beyond high school possibly to include a five-year plan to complete graduation requirements and/or a change in those graduation requirements. The bill has been referred to the Committee on Education.


SB744 TRANSPARENCY IN THE COST OF HEALTH CARE (Goolsby) SB 744 would allow employers to access data regarding the usage of their group health coverage on an aggregate basis and on an individual basis for those employees who incurred more than $15,000 of total, paid claims. The data would include diagnostic codes, procedure codes, prognosis, and, for anyone in active case management, future expected costs. While the information would be provided without the name of the insured, that is not sufficient protection. This bill would violate the privacy of employees’ medical records and the records of their families. It would also make it easier for employers to discriminate against employees who have serious health problems or whose family members require significant medical care. The bill has been referred to the Committee on Health Care.


SB754 CAREGIVER RELIEF ACT (McKissick) SB 754 would expand the protections afforded under the federal Family and Medical Leave Act to caregiving for a sibling, grandparent, grandchild, stepparent, or parent-in-law. Disability Rights NC supports this bill.  The bill has been referred to the Committee on Rules.

House Budget Update

House Appropriation subcommittees voted on their budgets last week.  Refer to earlier posts for a summary of the proposals.  The full Appropriations committee will consider the budget this week, and the full House will likely vote next week.

Major changes to the HHS budget:

• The most recent version of the HHS budget is online here with the addition of the 3 amendments that are listed here.
• The special provision amending the Medicaid appeals process has been removed.  Only a short provision remains directing DHHS to review the appeals process for adverse Medicaid determinations for recipients to examine whether it conforms with, or exceeds, the requirements of federal law.  This is good news.
• Change in community service funds provision: The provision prohibiting state funded community services for all Medicaid recipients was removed. 
• Eliminated LME administration funding reduction ($10 mil first year, $20 mil second).  We are extremely disappointed that the committe chose to restore the administration funding and not the funding for services.  There is also a new special provision regarding the transition of Utilization Management (UM) of Community-based services to LMEs, directing DHHS to collaborate with LMEs to enhance their administrative capabilities to assume UM for community based MH/DD/SA services.
• The committee made several amendments related to increased savings estimates over their original numbers, including, additional savings from an increased rate of generic drugs, increased savings from the 1915 b/c behavioral health waiver from $3.2 mil to $10.5 mil, and increased CCNC savings from $80 mil to $90 mil in the first year.
• There was a slight decrease in provider rate adjustments, and the addition of CABHAs (Critical Access Behavioral Health Agencies) to the list of providers exempt from the provider rate reduction. 
• There was a smaller reduction to Independent Living (IL) in Vocational Rehabilitation – brought back to Gov’s proposal.
• Dropped Items: special adoption assistance vendor payments, child welfare education collaborative, prioritize senior funding, reduce HCCBG, reduce medical eye program by 12%
• There is a new special provision regarding Child and Family Teams.
• There is a new special provision regarding state-county special assistance in adult care homes.

Educations Appropriations Subcommittee

The subcommittee recommendation still includes cuts across the board for education funding. K-12 education is cut by approximately 8.8% compared to the 2011-2012 Continuation Budget. Community colleges are cut by approximately 10.1% compared to the 2011-2012 Continuation Budget. The UNC System is cut by approximately 15.5% compared to the 2011-2012 Continuation Budget. Of particular interest to Disability Rights NC is language codifying the move of North Carolina’s residential schools from the Department of Health and Human Services to the Department of Public Instruction. The subcommittee also adopted an amendment by Chairman Blackwell that would:

1) Eliminate the position of superintendent for the residential schools from the Department of Public Instruction, instead requiring that one of the directors of the residential schools be designated to serve as superintendent with a salary supplement of $20,000;

2) Allow for the creation of principal positions at each school but deny any additional funding for those positions;

3) Retain the pre-February 8, 2010 residential and instructional schedules, requiring that students be bused to school on Monday mornings instead of Sunday evenings, stay in place; and

4) Prohibit the Department of Public Instruction from closing the residential schools or consolidating their operations unless and until the General Assembly instructs the Department to do so.

Stay tuned for more updates as the budget proceeds.

Help the FCC Improve 9-1-1 Services for People With Disabilities

The Federal Communications Commission (FCC) is seeking input from people with disabilities to improve 9-1-1 emergency services. Help the FCC understand the needs of people with disabilities by taking their NG911 survey.

To take the emergency access NG911 survey, click on one of the options below. This survey will be available until April 24, 2011.

Survey in English and ASL

Encuestra en Español

Easy to Read Version

Bill Update for the Week of April 11

Bills Previously Filed with Action Last Week:

HB 30, Allow Wage Garnishment to Satisfy Judgments (Moore Sponsor). As originally filed, this bill would drastically expand wage garnishment for judgments. However, a Proposed Committee Substitute with a much limited scope was moved forward this week in the House Judiciary C committee. This version only seeks wage garnishment for violation of unfair trade practices, which alleviated our concerns about its impact on people with disabilities. It will next be heard in the House Finance committee.

HB 234, Juror Qualifications/Disabilities (Glazier, S. Stevens, Parfitt, Samuelson Sponsors). HB 234 seeks to amend the current Juror Qualifications statute to remove the ability to hear as a requirement to serve as a juror. It also seeks to amend the statute regarding Requests to be Excused from Jury Duty to allow potential jurors with a disability to request to be excused if the person feels that their disability could interfere with their ability to serve as a juror. The bill was on the calendar in the House for concurrence on Monday evening. The House voted 113-4 to concur (Boles, Daughtry, Iler and Stone voted against concurrence).

HB 377, Strengthening Residential Placement (Brisson Sponsor). HB 377 seeks changes to the budget special provision regarding the restructuring of Level III and IV mental health residential placements to add that an assessment shall be completed to ensure the appropriateness of placement before admission to such a placement; to extend the length of stay to 180 from 120 days (180 is the average length of stay); and to specify that the authorization approval is not conditional upon all signatures and that LMEs shall designate appropriate individuals who can sign the discharge plan within 24 hours of receipt. HB 377 received a favorable report from the House Health and Human Services committee this week. Despite the average stay of 180 days, the Department objected to this change, and there was a fair amount of discussion. However, the committee passed the language with the 180 day change. Additionally, this language has been incorporated into the House Health and Human Services Appropriations budget language.

HB 595, Reorganization/Legislative Oversight Comns (Barnhart, Burr Sponsors). HB 595 proposes a new structure for the numerous legislative committees and commissions, including establishing a Joint Legislative Oversight Committee on Health and Human Services, which merges the Study Commission on Aging, the Joint Legislative Health Care Oversight Committee, the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services, and the Public Health Study Commission. HB 595 has successfully passed through the House and will now be referred to the Senate.

HB 614, DMA Post Public Notices of Change on Website (Murry, Dollar, Brisson Sponsors). HB 614 seeks to require the Department of Health and Human Services to publish on its web site public notices of changes in statewide methods and standards for setting medicaid payment rates. It has successfully passed through the House and has been referred to the Senate Healthcare committee.

SB 8, No Cap on Number of Charter Schools (Stevens sponsor). This bill eliminates the existing cap of 100 charter schools and makes a number of changes to the existing statute governing charter schools. The bill passed the House this week and was referred back to the Senate. The Senate failed to concur with the changes made in the House and a conference committee has now been appointed.

SB 394, Clarify Process/Reportable Offenses in Schools (Newton, Tillman, Preston Sponsors). SB 394 seeks to amend the statute (115C-288(g)) regarding principal reporting of certain acts to law enforcement. A Proposed Committee Substitute (PCS) was heard in the Senate Judiciary I committee on April 7. The PCS changed the consequences for a principal’s failure to report an offense under the section from a Class 3 misdemeanor to demotion or dismissal. It still makes clear that the State Board of Education shall not require the principal to report to law enforcement acts in addition to those required to be reported by this subsection. There was a concern that additional offenses would be added to the list mandated to be reported, which Disability Rights NC has opposed in the past. However, the bill received a favorable report from the committee and a unanimous vote by the full Senate, without change. It now proceeds to the House.

SB 437, Enact First Evaluation Program (Hartsell Sponsor). SB 437 seeks to codify a practice that has been piloted that allows the Secretary to waive the requirements for a physician or eligible psychologist to perform the initial examination for involuntary commitment and substitute a licensed clinical social worker, a master's level psychiatric nurse, or a master's level certified clinical addictions specialist at the request of an LME. When making and considering the request, certain criteria must be addressed. The proposed statutory language also specifies that the waiver shall be for 3 years and the LME shall assure that a physician is available at all times to provide backup support to include telephone consultation and face to face evaluation, if necessary. A Proposed Committee Substitute for SB 437 was heard in the Senate Healthcare committee this week. The PCS adds licensed professional counselors to the list of practitioners who may conduct the examinations and clarifies that master’s level certified clinical addiction specialists are only authorized to conduct the initial examination of individuals for whom commitment is being sought based on substance abuse. The committee approved the PCS and the bill is scheduled to be heard on Monday evening in the Senate.

SB 498, Modify Law re: Corporal Punishment (Pate, Purcell Sponsors). SB 498 seeks to amend the law related to corporal punishment of children in public schools to restrict corporal punishment only to students whose parent or guardian has stated in writing that corporal punishment may be administered on that student. Parents and guardians shall be given a form to make such an election at the beginning of the school year or when the student first enters the school during the school year. SB 498 received a favorable report from the Senate Education committee this week and will be heard in the full Senate on Monday evening.

Newly Filed Bills:

HB 862, Election Integrity/Voter Access Act (Hall, Owens, Spear, Hill Sponsors). HB 862 would require voters to produce valid photo identification, a current utility bill, bank statement, government check, paycheck, or other government document. If the voter is unable to produce such identification, he or she must sign an affidavit stating the voter’s name, date of birth, and address with a clear statement that knowingly making a false statement is a Class I felony. It is the Democrats’ version of the voter identification bill. Whether this bill proceeds will likely depend upon what happens with HB 351.  It has been referred to the House Elections committee.

HB 863, Behavioral Health Services For Military/Funds (Martin; Parfitt; Hall Sponsors) (SB597 (Purcell Sponsor) was also filed in the Senate). HB 863 would require LMEs and schools to make certain staffing and procedural changes to ensure that care for members of the military, veterans, and their families, whose care is funded through federal programs is coordinated appropriately.  It has been referred to the House Appropriations committee.

HB 866, Transition Residential Schools To Department Of Public Instruction (Insko; Glazier Sponsors). HB 866 codifies the transfer of control of the state’s Residential Schools (the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf in Wilson, and the North Carolina School for the Deaf in Morganton). The State Board of Education would be required to promulgate rules providing for: 1) codes of conduct and appeals provisions for students, 2) Policies and procedures for academic performance and academic discipline, and 3) reasonable fees and charges for extracurricular activities, transportation for extracurricular activities, and athletics. The bill would also require that each school establish a “Student Rights Advisory Committee” to monitor, review, and evaluate programs and procedures related to student rights, safety, security, and quality of life and to review data and make recommendations regarding cases of alleged abuse, neglect, exploitation, or student rights violations arising from actions or policies of the school or its staff. This section on the Student Rights Advisory Committees is intended to codify the committees currently knows as Human Rights Committees. The bill also seeks funding to bring back the 3 principal positions at the schools and 3 positions to support the Executive Director (now known as the Superintendent). Disability Rights NC worked with DPI, and others on this legislation and we support the bill. It is our understanding that advocates for the schools still have some remaining concerns.  It has been filed in the House but not yet referred to a committee.

SB 551, Establish State Public Health Authority (Hartsell Sponsor). SB 551 would decentralize public health functions from the state level except for the State Lab, Vital Records, Medical Examiner, and Public Health Emergency Response. Authority for all other responsibilities currently vested in the Department of Public Health would reside with four Regional Public Health Authorities and an Institute for Public Health Improvement. Counties could, at their election, select a regional authority to serve as the public health department for the county. The Institute for Public Health Improvement would administer the four regional authorities and receive all state and federal funds for public health. It has been referred to the Senate Healthcare committee.

SB 574, Senior Or Disabled Care Tax Credit (Robinson Sponsor). SB 574 seeks to provide a tax credit for training, supplies, and transportation costs incurred in caring for an elderly or disabled family member.  It has been referred to the Senate Finance committee.

SB 578, LME Minimum Population (Hartsell).  SB 578 seeks to set a minimum threshold for the population of the catchment area of a LME - to 300,000 by July 1, 2012 and 500,000 by July 1, 2013.  It has been referred to the Senate Mental Health committee.

SB 595, Voter Identification At Polls (Clary). SB 595 is the Senate companion bill to the House Voter ID bill, HB 351. It would require voters to produce valid photo identification in order to vote. It would also require county boards of elections to make voter identification cards including a photo and other personal information available, without a fee, to any voter who does not have a valid driver’s license or state identification card. This bill would allow for voters without the required identification to vote a provisional ballot. The bill would also waive the fee for Special Identification Cards produced by the DMV for those who are blind, over age 70, homeless, or lack other valid photo identification but are registered to vote. It has been referred to the Senate Judiciary I committee.

SB 607, Conform Medical Record Laws (Stein). SB 607 seeks to amend various sections in the General Statutes to make it easier to share currently protected health information. The legislation was developed in conjunction with the SB 375 setting up the statewide Health Information Exchange (HIE). Information shared through the HIE may be shared for all HIPAA permitted purposes. However, there are several state laws that provide for stricter standards for the disclosure of information than HIPAA. This bill attempts to bring these two standards closer together. Of particular interest to Disability Rights NC is the provision seeking to revise exceptions to confidentiality under 122C, which covers MH/DD/SA service providers. The bill allow service providers to share confidential information to coordinate (which means the provision, coordination, or management of MH/DD/SA services and includes the referral of a client from one facility to another) to coordinate appropriate and effective care, treatment or habilitation of the client. Before making such disclosures, the provider shall inform the client that the facility may make such disclosures unless the client objects in writing. If the client objects in writing, the disclosures are prohibited. A covered entity receiving confidential information under this provision may use and disclose the information when necessary to conduct quality assessment and improvement activities or to coordinate appropriate and effective care, treatment, or habilitation of the client. This language is a compromise reached among the provider community, DHHS and advocates, which Disability Rights NC has agreed not to oppose. We will be following this legislation closely.  It has been filed in the Senate but not yet referred to a committee.

SB 624,  Modify Hearing & Mailings for Rule Making (Preston). SB 624 seeks to require state agencies to increase notice to counties and the public of proposed rules by 1) notifying county governments of proposed rules that will affect their county, 2) publishing notice in at least one newspaper in each affected county of how to access the text of the proposed rule by internet, and 3) holding public hearings within 60 miles of each affected county where a resident has requested a hearing in writing.  It has been filed in the Senate but not yet referred to a committee.

More on House Health and Human Services and Education Appropriations Proposals

Here is a really brief rundown of the special provisions from Health and Human Services (special provisions are the narrative that go along with the line items) and Education. A summary of Justice and Public Safety and relevant provisions from any other budget subcommittee will be posted later.  Appropriations subcommittees will be meeting next week to consider amendments and vote on the proposals.

Health and Human Services Special Provisions

• Mental Health Changes: leaves $29 mil in for local inpatient psychiatric beds; $5.7 mil to support 30 mobile crisis teams
• MH/DD/SAS Healthcare Information System Project: DHHS may use funds to continue to develop and implement a health care information system for state institutions operated by the Division of MH/DD/SAS.
• MH/DD/SAS Community Services funds: Big cuts, prohibition on state funded services for all Medicaid recipients (not just CAP-MR/DD) and copayments for state funded services: $20 mil cut to community service funding; LMEs prohibited from using community services (i.e., state or IPRS) funds for any Medicaid recipients' services, except for residential support services; and Division must develop a set of standardized covered benefits for recipients of state funds; copayment for all mh/dd/sa services based on medicaid copayment rates; reduce the funding for community services funds by additional $25 mil to be allocated among LMEs based on their fund balances ($209 mil in fund balances)
• Consolidation of Forensice Health Care at Dix: RFP to consolidate forensic hospital care on the Dix campus.
• DHHS Position Eliminations: eliminate 250 FTE positions, or $6.5 mil in state funds
• Study DHHS Regulatory Functions: Directs DHHS to study all regulatory functions performed by each division, with recommendations by January 30, 2012.  DHHS is directed to develop a plan but not implement or consolidate except as directed by the legislature.
• Reduce funding for nonprofit organizations: $5 mil reduction with instruction to minimize reductions to funds allocated to nonprofit organizations for the provision of direct services and shall not reduce funds allocated to nonprofit organizations to pay for direct services to individuals with developmental disabilities
• Authorizes DMA to take certain steps to make budget reductions: PCS provisions appears to be the same as last year (pages 56-59); MH Residential section (pages 61-62) incorporates changes from HB 377, supported by Disability Rights NC; Change to medicaid rate reductions section - adds adult care homes services to list of services protected from cuts (others are federally qualified health clinics, rural health centers, state institutions, hospital outpatient and pharmacies)
• Medicaid Appeals: Unfortunately, it is still not clear what changes are being proposed to the Medicaid appeals process.  There are 2 versions included in the Special Provisions starting at page 75 and we have not been able to sort out which version is actually being proposed.  So stay tuned.

Education
The Special Provisions are posted here and more handouts from the subcommittee meetings this week are available through the links here.

• The proposed Special Provision to accompany the $1 mil proposed allocation to study education reform in NC starts on page 2.  Included in the items to study is reducing the teacher:student ratio to 1:15 in first through third grade and transition from high school.
• The Special Provision regarding funding for students with disabilities has not changed.  This is a relief as this was an option discussed in committee.
• A Special Provision starting on page 21 removes the requirement in statute for school improvement and safe school plans.
• In the community college section, waiver of tuition and fees will no longer be included for the following: clients of sheltered workshops, clients of adult developmental activity programs, students in Health and Human Services development programs, and juveniles committed to the Department of Juvenile Justice, or prison inmates (although the Community Colleges shall transfer funds to the Department of Correction for curriculum and continuing education instruction, projected to result in a 43% reduction in the number of courses provided to prisoners).

House Appropriations Subcommittee Recommendations

The House Appropriations subcommittees began unveiling their proposals today.  Links and brief summaries for Health and Human Services and Education, as they may relate to people with disabilities, are below.  More information on special provisions and other budget subcommittee proposals will be forthcoming.

Health and Human Services - budget documents here - 10% Reduction overall.  We have not seen the special provisions.

• Governor's Items not included in the House HHS proposals: Cuts that the subcommittee proposes NOT taking: school nurse funds; reduction of local health department funds; teen pregnancy prevention; modify optional and mandatory services for liver, lung, pancreas, small bowel transplants; More at Four swap for TANF; Increases the subcommittee declined to include: NC FAST, Project CARE, Adoption Assistance & Foster Care; and the Mental Health Trust Fund earmark.
• Proposed Reductions Highlights:

Division of Central Management and Support

• Reduce non-profit funding by $5 mil (2% reduction)
• Reduce Community Health Grants by $1.5 mil (23% reduction)
• Eliminate Migrant Fee for Service Program by $736K (25% reduction (leaves money in  grants))
• Eliminate NC Care-Line ($380,478)

Division of Aging and Adult Services

• "Prioritize" Senior Center funding - reduction of $660K, 47% reduction
• Reduce Home and Community Care Block grant by 12% - $4 mil reduction

Division of Child Development

• Reduce Smart Start by 20% ($37.6 mil reduction)
• More at Four transfer from DPI
• Swap TEACCH General Funds with block grant funds - savings of $3.8 mil.

Division of Social Services

• Eliminate Special Adoption vendor payments - $551K
• Eliminate Child and Family Team Pilot - $421K
• Eliminate Special Assistance Intervention Team - $104K, 2 positions
• "Prioritize" Adult Day Care funding - $1.1 mil reduction

Division of Medical Assistance (Medicaid)

• Medicaid Provider Assessments ($60 mil reduction)
• Targeted Rate adjustments ($6.2 mil), Adjust provider rates ($50 mil), eliminate inflationary increases ($63 mil)
• Enhanced Federal Funding for Health Homes (Save $16 mil in first year and $25 mil in second)
• Restructure/strengthen Program Integrity ($16 mil reduction and cut 30 positions)
• Modify Pharmacy Services ($16 mil)
• Modify optional and mandatory services - optical, durable medical equipment, specialized therapies, home health, and modifying a "variety of services" - we need to see the special provisions before we know exactly what is being proposed for each of these
• Implement the behavioral health 1915 b/c waiver ($3.2 mil savings in first year, $38 mil saving second year)
• $80 mil savings from CCNC
• Health Choice targeted rate adjustments ($225K), modify services ($650K) and care coordination ($4 mil)

Division of Services for the Blind, Deaf & Hard of Hearing

• Consolidate divisions with Vocational Rehabilitation

Division of MH/DD/SAS

• Eliminate Child and Family Support team funding ($523k)
• Reduce LME Administration funds by $10 mil in first year  and $20 mil in second year (17%)
• Eliminate 7 Advocacy positions ($158K, 5% reduction) - I assume this is the Internal Advocacy positions at the facilities
• Eliminate Community Funding spent for Medicaid recipients except for residential supports - $20 mil
• Swap Fund Balance w/ state service funds - $25 mil
• Reduce Division management flexibility funds by $7 mil

Division of Vocational Rehabilitation Services

• Reduce Indpendent Living program by $2.5 mil, 13%
• Reduce Basic Support Program by $2 mil, 10%

Education - budget documents here: $1.25 billion in proposed cuts to colleges and K-12, 8.8% cut to public schools, 10% cut to community colleges, 15.5% cut to universities

Public Schools

• Proposes funding teacher assistants only for K-1 ($259 mil.)
• Proposes $1 mil for an education reform study
• Reduce at-risk student services by $30 mil
• Reduce funding for noninstructional support personnel by $59 mil
• Reduce central office administration by $10.7 mil
• Reduce funding for principals and assistant principals by $25 mil
• Eliminate funding for staff development ($12.6 mil)
• More at Four - $16 mil cut with remaining general and lottery funds to Div of Child Development, HHS
• Many cuts to the Department of Public Instruction, including a $1.7 mil reduction to the Residential Schools for the Deaf and Blind

Bill Update for the Week of April 4

Bills Previously Filed with Action Last Week:
HB 234, Juror Qualifications/Disabilities (Glazier, S. Stevens, Parfitt, Samuelson Sponsors). HB 234 seeks to amend the current Juror Qualifications statute to remove the ability to hear as a requirement to serve as a juror. It also seeks to amend the statute regarding Requests to be Excused from Jury Duty to allow potential jurors with a disability to request to be excused if the person feels that their disability could interfere with their ability to serve as a juror. It was approved unanimously by the Senate last Tuesday, which also approved a minor amendment that clarified that the number of days in advance a juror must request to be excused are business days.   The bill was then referred back to the House for concurrence and is on the House calendar for Monday evening.

HB 329, Bldg Codes/Expand Equine Exemption (Horn, Dixon, Faircloth, Burr Sponsors). HB 329 seeks to exempt from the building code farm buildings used for certain temporary spectator events. The bill was again amended and voted on in the House last week.  The building code exemption proposed is now further narrowed to exempt farm buildings used for a spectator event for 50 or more people only if a permit is issued by the fire marshal (which can only be issued if the event is not more than 4 times per year (up to 24 hours each time), outstanding unsafe conditions have been mitigated and a fire watch established).  The bill will next be heard in the Senate Agriculture Committee.

HB 351, Restore Confidence in Government (Lewis, Moore and Killian Sponsors). HB351, aka the “Voter ID” bill seeks to require photo identification before voting. The week of March 28 a version of the bill with an expanded list of acceptable identification was discussed in committee.  However, this past week, a version much more like the original was proposed and voted upon favorably by the House Elections Committee.  This latest version did retain the exception for voters with disabilities, although it removes the language regarding the judgment of the election official: “any voter with a disability who does not present photo identification shall be permitted to vote as provided in this subsection. To satisfy the requirement of this subsection, a person who is at least 18 years of age accompanying the voter with a disability shall execute an affidavit, in the form prescribed by the State Board, affirming under the penalties of perjury that the voter with a disability is the same individual as is registered to vote and, to the best of the affiant's knowledge, does not have the required photo identification. Upon the completion of the affidavit, the voter with a disability shall vote a ballot as if that voter with a disability met the photo identification requirement.” The bill now proceeds to the House Appropriations Committee.

SB 8, No Cap on Number of Charter Schools (Stevens sponsor). This bill eliminates the existing cap of 100 charter schools and makes a number of changes to the existing statute governing charter schools. SB 8 received a favorable report from House Finance and passed 2^nd Reading in the full House.  3d reading is scheduled for Monday evening.

SB 316, Additional Section 1915 Medicaid Waiver Sites (Hartsell Sponsor). SB 316 authorizes DHHS to allow additional 1915 (b)/(c) Medicaid waiver sites and to allow third-party billing for state facilities. This would allow further expansion of 1915(b)/(c) waivers beyond PBH, Mecklenburg and Western Highlands, without legislative approval. After several delays, the bill was heard in the full Senate this week.  Senator Nesbitt sought to amend the bill on Thursday to limit the expansion to three additional LMEs but to allow the expansion of PBH to certain additional counties. The amendment failed 20-30. The bill was passed on 3d reading with a 38-12 vote.  It will now proceed to the House.

SB 384, Conforming Changes/Persons with Disabilities Act (Hartsell). This is a Disability Rights NC agenda bill. It seeks to amend the North Carolina Persons with Disabilities Protection Act to conform to the Americans with Disabilities Amendments Act of 2008. The bill has successfully passed the Senate and has been referered to the House Judiciary A Committee.           

Newly Filed Bills:

The House bill introduction deadline was this week so hundreds of bills were filed in the House. I have tried to catch all the bills relevant to work of Disability Rights NC or of general interest to people with disabilities.  Because of the volume, the summaries below are brief.

HB 584, Governor’s Budget (Gillespie, Barnhart, Brubaker, Johnson Sponsors) (SB 500 (Brunstetter, Hunt, Stevens Sponsors) was also filed in the Senate).  HB 584 and SB 500 were filed as budget placeholders meant to signify the budget put forth by the Governor.  However, a number of provisions in the bills were not discussed earlier when the Governor’s budget was released, e.g., there is a proposal to amend the Medicaid appeals process for recipients that was not in the governor’s original proposed budget.   Each was referred to its respective Appropriations Committee.

HB 587, North Carolina Jobs Bill (Bradley, Warren, Torbett, Hastings Sponsors). HB 587 seeks to amend Chapter 150B to further restrict rules that may be promulgated in NC.  It has been referred to the House Commerce Committee.

HB 590, Amend Interpreter Laws/Cued Speech (Alexander Sponsor).  HB 590 seeks to make clarifying changes regarding cued speech in the laws regulating the practice of interpreters and transliterators.  It has been referred to the House Education Committee.

HB 595, Reorganization/Legislative Oversight Comns (Barnhart, Burr Sponsors).  HB 595 proposes a new structure for the numerous legislative committees and commissions, including establishing a Joint Legislative Oversight Committee on Health and Human Services, which merges the Study Commission on Aging, the Joint Legislative Health Care Oversight Committee, the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services, and the Public Health Study Commission. It has been referred to the House Rules Committee.

HB 599, Patient’s Right/Notice of Professional Liability Insurance (Insko, Farmer‑Butterfield, Harrison Sponsors).  HB 599 would give adult care home and nursing home residents the right to receive written notice of the facility’s professional liability insurance coverage and to require adult care homes and nursing homes to post information about their professional liability insurance.  It has been referred to the House Health and Human Services Committee.

HB 606, Sheriff/Inspect Prescription Drug Records (McElraft, Randleman, McLawhorn Sponsors).  HB 606  provides that a sheriff or a designated deputy sheriff investigating the diversion and illegal use of controlled substances may inspect prescription and pharmaceutical records and may also obtain data in the controlled substance reporting system maintained by the Department of Health and Human Services.  It has been referred to the House Judiciary B subcommittee. 

HB 612, Incapacity to Proceed/LRC Study (Randleman, Hurley Sponsors).  HB seeks to authorize the Legislative Research Commission to study the current criminal and mental health laws and procedures regarding incapacity to proceed to trial and involuntary commitment.  It has been referred to the House Rules committee.

HB 614, DMA Post Public Notices of Change on Website (Murry, Dollar, Brisson Sponsors).  HB 614 seeks to require the Department of Health and Human Services to publish on its web site public notices of changes in statewide methods and standards for setting medicaid payment rates.  It has been referred to the House Health and Human Services committee.

HB 618, Streamline Oversight/DHHS Service Providers (Lewis, Hurley sponsors) (SB 525 (Tucker, Hartsell Sponsors) was also filed).  HB 618 seeks to streamline duplicate oversight of DHHS service providers by 1) establishing a task force made up of division staff and providers to objectively compare the tools and checklists currently in place, to look for redundancies and review items as to service provider monitoring that are not value added by August 1, 2011, with any duplication identified being removed and streamlines by December 31, 2011. 2)  Create one regulatory body within DHHS responsible for oversight review for service providers across all DHHS divisions to reduce duplication by May 1, 2012 and which will allow for one streamlined annual review of service provider agencies by the team of the facility, compliance to rules, record assurances, clinical integrity, and staff training. The Secretary shall also eliminate endorsement and all tools and checklists associated with Local Management Entity monitoring and oversight and replace with service licensure at an agency level, as opposed to a site-specific service license, that the multidisciplinary team issues.  3) Establish a coordination plan for the investigation of abuse or neglect complaints involving multiple agencies.  It also seeks to remove the annual Medicaid re-enrollment requirement for providers;  mandate  a fiscal note for every change or adjustment in service definition, policy, rule, or statute upon enactment; allow for data sharing from the Incident Response Improvement System (IRIS) with service providers and the regulatory body by June 30, 2012; evaluate NC-TOPPS to improve the way data is accessible across services rather than site-specific to reflect valid comparisons of program outcomes by August 1, 2011; and allow private sector development and implementation of an Internet‑based, secure, and consolidated data warehouse and archive for maintaining corporate, fiscal, and administrative records of providers by September 1, 2011.  It has been referred to the House Health and Human Services committee.

HB 622, Study Art. 3A Administrative Hearings Proced (McCormick, Stevens, Cleveland, Glazier Sponsors).  HB 622 directs the Joint Legislative Administrative Procedure Oversight Committee to study how to reconcile and harmonize administrative hearings in contested cases arising under article 3a of chapter 150b of the general statutes.  It has been referred to the House Rules Committee.

HB 623, Eliminate Agency Final Decision Authority (McCormick, Stevens, Cleveland, Glazier Sponsors).  HB 623 would remove final decision making authority from agencies in contested cases under Chapter 150B.  It has been referred to the House Judiciary A subcommittee.

HB 625, Bill of Rights/Deaf/Hearing Impaired (Blackwell, Farmer-Butterfield Sponsors).  HB 625 seeks to create a Deaf Child’s Bill of Rights that will mandate that an IEP team consider a child’s individual communication needs.  It has been referred to the House Judiciary A subcommittee.

HB 630, Clarify Law/Older Adults and Long-Term Services (Guice, McGrady Sponsors).  HB 630 seeks to update and clarify the statutes in older adults and long-term services and supports, including clarifying that each county, through its county board of commissioners, may elect to establish its own Community Resource Connections for Aging and Disabilities or participate in a multicounty Community Resource Connections for Aging and Disabilities.  It has been referred to the House Health and Human Services committee.

HB 632, Juvenile Age to 18 (Lewis, Randleman, Avila, Bordsen Sponsors) (SB 506 (Hartsell, Bingham, McKissick Sponsors) was also filed).  HB 632, also known as “Raise the Age,” seeks to amend the definition of “delinquent juvenile” to raise the age from sixteen to eighteen years in six‑month increments of age over a 4‑year period, to provide that 16 and 17‑year‑olds who have been previously convicted of a felony in adult court shall remain in adult court, to provide that 16‑ and 17‑year‑olds alleged delinquent for a class A‑E felony shall be transferred to adult court, to make conforming changes to other statutes relevant to changing the definition of delinquent juvenile, and to extend the Youth Accountability Task Force.  It has been referred to the House Judiciary B subcommittee.

HB 659, Capital Procedure/Severe Mental Disability (Stevens, Glazier,  McGrady,  Harrison Sponsors).  This a Disability Rights NC agenda bill.  It seeks to amend the capital trial, sentencing and postconviction procedures for a person with a severe mental disability to address the issue upfront in trial, and to remove the death penalty as possible punishment if the individuals qualifies as a person with severe mental disability under the law.  It also seeks to provide that Not Guilty by Reason of Insanity is not an available defense if prior alcohol or drug use are the sole cause of the psychosis.  It has been referred to the House Judiciary B subcommittee.

HB 677, Discharge of Adult Care Home Residents (Lewis).  HB 677 seeks to change the law governing Adult Care Home transfer and discharge of residents to make it easier to do so, to make county Departments of Social Services responsible for placing certain discharged residents, and to enact appeal rights for Adult Care Home residents and Adult Care Homes with respect to discharge decisions.  It has been referred to the House Health and Human Services committee.

HB 678, Pilot Release of Inmates to Adult Care Homes (Lewis Sponsor).  HB 678 seeks to establish a pilot program to allow certain inmates released from confinement to be placed in Adult Care Homes to receive Personal Care Services and Medication Management.  It has been referred to the House Health and Human Services committee.

HB 695, Family/School/Community Compacts (Bell, Lucas sponsors).  HB 695 seeks to provide for a family-school compact for every student, which is a written agreement between teachers and parents that clarifies what families and schools can do to help students reach high academic standards.  It has been referred to the House Education committee.

HB 709, Protect and Put NC Back to Work (Folwell, Dollar, Hager, Crawford Sponsors) (SB 544 (Brown, Apodaca, Davis Sponsors) was also filed in the Senate).  HB 709 seeks to reform the Workers’ Compensation Act.  It has been referred to the House Commerce Committee.

HB 721, Landlord/Tenant Bed Bug Liability (McCormick).  HB 721 seeks to set out certain obligations of landlords and tenants regarding bedbug infestations.  It has been referred to the House Commerce Committee.

HB 734, Require Photo ID/Food Stamps Program (Warren, Brown, Lewis, Moore Sponsors).  HB 734 seeks to require DHHS to issue debit cards that contain photo identification on the care for participants in the Supplemental Food and Nutrition Program (SNAP).  It has been referred to the House Judiciary C subcommittee, and, if favorable, to Finance.

HB 736, Amend Law re: School Discipline (Langdon, Luebke, Daughtry, Lucas Sponsors).  HB 736 seeks to make a number of changes to Chapter 115C regarding school discipline with the goal of keeping students in school.  It is a consensus bill supported by Disability Rights NC that numerous entities representing schools and students contributed to.  It has been referred to the House Education committee.

HB 745, Study Human Relations Comm Duties (Floyd).  HB 745 seeks a Joint Resolution authorizing the Legislative Research Commission to study the duties and services of the NC Human Relations Commission and the Civil Rights Division of the Office of Administrative Hearings.  It has been referred to the House Rules Committee.

HB 768, APA Rules: Federal Rule Restriction Ceiling (West, McElraft Sponsors).  HB 768 seeks to limit new agency rules to a standard no more restrictive than those imposed by federal law unless required by a serious and unforeseen threat to the public health, safety, or welfare; an act of the General Assembly or United States Congress that expressly requires the agency to adopt rules; change in federal or State budgetary policy; federal regulation; or a court order.  It has been referred to the House Environment Committee, and, if favorable, to the Judiciary committee.

HB 770, Reduce & Prevent School Discipline Problems (Cotham, Brandon, Glazier Sponsors).  HB 770 seeks to encourage local school boards to adopt policies to prevent disruptive behaviors that lead to suspension and expulsion and thereby to reduce suspension and expulsion rates and to provide alternative learning programs for continued academic progress for students who have been suspended. It has been referred to the House Education committee.

HB 781, Summary Ejectment/Appeals (LaRoque).  HB 781 seeks to shorten the time to appeal a magistrate’s judgment in a summary ejectment (eviction) proceeding to 5 days.  It has been referred to the House Commerce committee.

HB 793, Full-Service Community Schools Pilot Program (Cotham, Brandon, Jackson Sponsors).  HB 793 seeks to establish a full-service community schools pilot program in at least five middle or high schools.  The purpose of a full-service community school is to encourage the coordination of academic, social, and health services among schools, community‑based organizations, nonprofit organizations, and other public and private agencies to provide comprehensive academic, social, and health services for students, students' family members, and community members that will result in improved educational outcomes for children.  It has been referred to the House Education committee.

HB 808, Revise Laws on Adult Care Homes (Burr).  HB 808 seeks to waive annual inspections of Adult Care Homes that achieve the highest rating, and to develop an informal dispute resolution procedure that allows Adult Care Homes to dispute cited inspection deficiencies.  It has been referred to the House Health and Human Services committee.

HB 818, Modify Disabled Vet Property tax Exemption (McElraft).  HB 818 seeks to enhance the Disabled Veteran property tax homestead exclusion for combat-related disabled veterans.  It has been referred to the House Finance committee.

HB 823, Governance of the Dep’t of Public Instruction (Holloway, Hilton, Brubaker, Blackwell Sponsors).  HB 823 seeks to amend the North Carolina Constitution to make the Superintendent of Public Instruction the head of the Department of Public Instruction, to make the State Board of Education an advisory body, and to modify the membership of the State Board of Education.  It has been referred to the House Education committee, and, if favorable, to Judiciary and then Finance.

HB 826, Coverage for Treatment of Autism Disorders (Parfitt, Glazier,  Keever,  Murry Sponsors).  HB 826 seeks to require health benefit plans, including the State Health Plan, to provide coverage for treatment of Autism Spectrum disorders.  It has been referred to the House Health and Human Services committee, and, if favorable, to Insurance.

HB 829, Streamline Education Planning Responsibility (Cotham, Glazier, Holloway, Blackwell Sponsors).  HB 829 directs the State Board of Education to consolidate all plans that affect the school community, including school safety plans, school technology plans, plans for academically or intellectually gifted students, and others. It has been referred to the House Education committee.

HB 848, Establish HHS Oversight Committee (Barnhart).  HB 848 seeks to establish the Joint Legislative Oversight Committee on Health and Human Services, which is also contained in HB 595.  It has been referred to the House Health and Human Services committee.

HB 853, End Ct. Orders/Est. Local Intake Procedures (Mobley).  HB 853 seeks to amend the law to no longer require a Court Order to establish local intake procedures for receiving delinquency and undisciplined complaints under the laws pertaining to undisciplined and delinquent juveniles and authorizing the Department of Juvenile Justice and Delinquency Prevention to monitor county detention centers.  It has been referred to the House Judiciary Committee.

HB 855, Personal Learning Plan for Each Child (Brandon).  HB 855 seeks to require public schools to provide a Personal Education Plan for every student.  It has been referred to the House Education committee. 

SB 512, Adult Day Care/Overnight Respite Program (Clary).  SB 512 seeks to establish adult day care and overnight respite programs under Chapter 131D.  It has been referred to the Senate Health Care Committee.

SB 528, Accessible Electronic Info Act/Blind/Disabled (Purcell).  SB 528 seeks to establish and maintain an accessible electronic information service for Blind and disabled persons and to appropriate funds for the service.  It has been referred to the Senate Health Care committee, and, if favorable, to Appropriations.

SB 535, APA: Modify Final Administrative Decisions (Hartsell).  SB 535 seeks to modify the procedures concerning final administrative decisions in contested cases heard by the Office of Administrative Hearings.  It has not yet been referred to a committee.