Bills Previously Filed with Action Last Week:
The pace continues to be brisk down at the General Assembly. Legislation is moving quickly and we may be seeing Appropriation subcommittee budget recommendations by the end of the week. Here's the scoop on bills we are tracking:
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. A Proposed Committee Substitute that still has insurers overseeing the exchange and even goes so far as to charge individuals accessing the exchange a "user fee," received a favorable report in the House Health and Human Services Committee this week. It now goes to the House Insurance committee. For more information about why Disability Rights NC and other advocacy groups oppose this legislation, see the Citizens for Responsible Healthcare website.
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. This bill, which was successfully voted on in the House last week was heard in the Senate Judiciary I Committee this week where it received a favorable report. It be voted on by the full Senate on Monday.
HB 351, Restore Confidence in Government (Lewis, Moore and Killian Sponsors). HB351, aka the “Voter ID” bill, in its original form, sought to require photo identification before voting. A new version of the bill released last week but not voted on, adds to the list of acceptable identification a voter registration card with signature verification at the polls; or a current utility bill, bank statement, government check, paycheck, or other government document, also with signature verification. To verify the signature, two election officials will compare the signature with the signature on record, and use their own judgment to decide if the signatures match. There is great concern among voting rights advocates that this procedure could lead to mischief at the polls.
It also proposes a new section pertaining particularly to voters with disabilities:
(a1) Identification Requirement for a Voter with a Disability. – Notwithstanding subsection (a) of this section, if a voter with a disability does not present documentary evidence as required by subsection (a)(1) through (7) of this section, or provides documentary evidence under subsection (a)(8) or (9) but is unable to sign, that person shall still be permitted to vote as provided by this subsection. To satisfy the requirement of this subsection, a person who is at least 18 years of age accompanying the voter shall execute an affidavit, in the form prescribed by the State Board of Elections, affirming under the penalties of perjury that the voter is the same individual as is registered to vote, and to the best of the affiants knowledge either does not have the required documentary identification or is unable to sign to meet the signature verification requirement. As used in this subsection, a "voter with a disability" is a registered voter who, to the satisfaction of the election official who personally sees the voter, on account of the condition of the voter either is unlikely to have any of the documentary evidence or is likely unable to be able to make a signature to meet the signature verification requirement. Such voter shall vote a ballot is if that voter met the documentary identification requirement.
This provision also leaves a great deal in the judgment of the election official.
SB 22, APA Rules: Increasing Costs Prohibition (Brown, Rouzer sponsors). SB 22 seeks to limit new agency rules by amending GS 150B-19 to add that an agency may not adopt a rule that results in additional costs on persons subject to the rule unless the rule adoption is required to respond to a serious and unforeseen threat to the public health, safety, or welfare, an act of the General Assembly or United States Congress, a change in federal or State budgetary policy, a federal regulation, or a court order. It was signed by the Governor last week, S.L. 2011-13. It is became effective when signed and applies to rules published in the North Carolina Register by an agency on or after that date. It expires July 1, 2012.
SB 32, Hospital Medicaid Assessment/Payment Program (Brunstetter, Clodfelter Sponsors). This bill allows the state to obtain federal matching medicaid funds for hospital assessments. It is a method states may use to draw down additional Medicaid matching funds. It was signed by the Governor last week and is Chaptered Session Law 2011-11. It became effective when signed.
SB 109, Spending Cuts for the Current Fiscal Year (Stevens, R., Brunstetter, Hunt Sponsors). SB 109, filed in response to the Governor’s veto of SB 13, directs the Governor to reduce expenditures in the 2010-11 fiscal year in order to increase General Fund availability for the 2011-2012 fiscal year by $537,740,799 by taking all actions necessary and by identifying funds in non-General Fund accounts for transfer to the General Fund on June 30, 2011. It does not apply to funds available to the Judicial Branch or the Legislative Branch. It was signed by the Governor last week - S.L. 2011-15 - and became effective when signed.
SB 248, Update Archaic Disability Terms (Hartsell Sponsor). SB 248 recommends several changes throughout the statutes regarding appropriate terminology for people with disabilities. It reflects recommendations made by the General Statutes Commission. The bill has passed the Senate and the House and will next be signed into law by the Governor.
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. As reported previously, the bill received a favorable report from the Senate Mental Health Committee the week before last but a floor vote in the Senate continues to be postponed. It is currently scheduled to be voted upon by the full Senate on Tuesday, April 5.
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 a temporary spectator event (defined as 120 hours in a calendar year) where a fire watch is maintained. As reported previously, the bill did receive a favorable report from the House committee but it has been postponed from a full House vote several times. It is currently scheduled to be heard on Tuesday, April 5.
SB 375, Facilitate Statewide Health Info. Exchange (Stein and Brunstetter Sponsors). SB 375 seeks to set up a statewide health information exchange network. The framework proposed is to facilitate the exchange of healthcare information among covered healthcare providers within the confines of HIPAA. It allows individuals the right to opt out if they so choose. The provisions proposed only apply to protected health information disclosed within the Health Information Exchange. The bill received a favorable report in the Senate Health Care Committee last week and it will be voted on in the full Senate on Monday.
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 received a favorable report from the Senate Healthcare committee last week, and approved by the full Senate with a 48-0 vote. It will now be heard in the House. The House companion bill, HB 530 (Blackwell, Brisson, Earle, Hurley Sponsors), was also filed this week.
Newly Filed Bills:
A large number of bill were filed late last week, a trend that will continue this week as we approach the bill introduction deadline.
HB 487, Exempt Bd Cert. Beh. Analyst/Psych Practice (Parmon, Graham Sponsors). HB 487 seeks to amend the NC Psychology Practice Act to allow certified behavior analysts and assistant behavior analysts to offer services within the scope of practice authorized by the Behavior Analyst Certification Board, including behavior analysis and therapy. It has been referred to the House Health and Human Services Committee.
HB 493, Landlord Tenant Law Changes (Howard, Blust, Randleman Sponsors). HB 493 seeks to weaken certain rights and protections of tenants. If passed it would: 1. Allow removal/eviction more easily when a tenant dies, potentially denying surviving family from removing property. 2. End waiver defense in eviction cases where Landlord could not accept rent from Tenant and then evict them. 3. Reverses NC appellate case law that knowledge of defects, no repairs and continued demand and acceptance of rent is an unfair trade practice. 4. Requires Tenant to pay undefined alleged damages in order to appeal from small claims to District Court, effectively taking away right to new trial in small claims. 5. Allows private process servers for eviction complaints with little or no requirements for qualifications or consequences for abuse. Disability Rights NC is opposed to this legislation. It has been referred to the House Judiciary Subcommittee A.
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. Specifically, it excludes from licensure: “A home in which up to three adults, two or more having a disability, co own or co rent a home in which the persons with disabilities are receiving three or more hours of day services in the home or up to 24 hours of residential services in the home. The individuals who have disabilities cannot be required to move if the individuals change services, change service providers, or discontinue services.” Disability Rights NC was part of the workgroup that developed this language, and we support this bill. It has been referred to House Health and Human Services Committee.
HB 540, Remove Adult Care Homes from CON Review (Cook, Dixon, Bradley Sponsors). HB 540 seeks to exempt Adult Care Homes from the Certificate of Need approval process. The Certificate of Need process allows for review and an analysis of need before new facilities may open. Disability Rights NC opposes this bill on the ground that it would only serve to increase facilities in the state, and further divert resources away from the community where people may live more independently. The bill has been referred to the House Health and Human Services committee.
HB 541, CAP-MR/DD Waiver Change/Residential Supports (Hurley Sponsor). HB 541 seeks to direct the Department of Health and Human Services to amend the CAP-MR/DD waiver to expand the type of facilities in which a recipient may receive residential supports. It would allow recipients to receive residential supports in a setting with six or fewer beds; a licensed residential setting with more than six beds if the recipient’s plan of care documents the circumstances that require the recipient to live in such a congregate setting; and also specifies that individuals residing in a licensed group home or adult care home with more than six beds, who were receiving services under the CAP-MR/DD waiver on November 1, 2008, may elect to receive residential supports. Disability Rights NC opposes the bill as written as it would direct resources intended for Home and Community based services into larger congregate settings, which is not the intent of the CAP waiver. It has been referred to the House Health and Human Services committee.
HB 542, Tort Reform for Citizens and Businesses (Rhyne, McComas, Brisson and Crawford Sponsors). HB 542 is the omnibus tort reform bill that has been mentioned in previous posts. HB 542 seeks to protect the makers of any drug, chemical or consumer product from lawsuits if the item was approved by or met regulatory requirements of a state or federal government agency; Allow only 25% of large damage awards intended to punish bad behavior to go to the victim, with the other 75% of a punitive award of more than $100,000 going to a state fund; Cap at $250,000 awards for medical malpractice that caused pain, suffering, disfigurement or other non-economic damages, with an inflation adjustment every three years; and Add protections against medical malpractice lawsuits for adult care homes. For the latest news and updates on tort reform, please refer to the NC Advocates for Justice website at http://www.ncaj.com/. The bill has been referred to the House Committee on Tort Reform, which heard from the public about the bill on Thursday.
HB 554, Residential Building Inspections (House Rules Committee bill). HB 554 seeks to limit the allowable periodic building inspections only when there is reasonable cause to believe that unsafe, unsanitary, or otherwise hazardous or unlawful conditions may exists in a residential building; or as part of a targeted effort to respond to blighted or potentially blighted conditions within a Community Development Block Grant geographic area that has been so designated by the board of commissioners, the Dept. of Commerce, Div. of Community Assistance, or HUD. It has been referred to the House Commerce committee.
HB 572, Accountability for Publicly Funded Nonprofits (Justice, Sager, Stevens, West Sponsors). HB 572 seeks to require nonprofits that receive funds from local, state or federal government to provide financial statements and a copy of its IRS Form 990 to the public. As the IRS Form 990 is already publicly available, it is not likely that this would impose any undue burden on nonprofits (For example, Disability Rights NC’s 990 is available on our website). It has been referred to the House Finance Committee.
HB 574, Distribution of Excise Tax on Title Instruments (Hall, Killian, Moore R., Adams Sponsors). HB 574 seeks to change the distribution of the excise tax to allocate a portion to the NC Housing Trust Fund for affordable housing. This would create a designated revenue stream to the Housing Trust Fund. Currently, all of these funds go to the Parks and Recreation Trust Fund and the Natural Heritage Trust Fund. A Senate companion bill, SB 462 (Mansfield, Gunn, Clary Sponsors) was also filed this week. The House bill was referred to the House Finance Committee and the Senate version was referred to the Senate Finance committee. Disability Rights NC, along with a number of organizations who promote affordable housing, supports this bill.
HB 579, Modify Law re: Corporal Punishment (Alexander, Johnson Sponsors). HB 579 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. A similar restriction was passed last year to allow parents of students with disabilities to opt out of corporal punishment in school. Since the passage of that legislation, the number of schools districts in North Carolina that continue to allow corporal punishment has dropped to 18. Disability Rights NC is working with Action for Children NC, North Carolina Association for Educators, and other organizations to support this legislation. It has not yet been referred to a committee. SB 498 (Pate, Purcell Sponsors) has also been filed in the Senate.
SB 465, Behavioral Health Management (Hartsell Sponsor). SB 465 seeks to allow LMEs that are operating under Medicaid Managed Care waivers (i.e., 1915(b) or 1915(b)/(c) combo waivers like PBH) to organize under Chapter 131E of the General Statutes, Article 2 governing Public Hospitals. It would allow a behavioral health authority to be created under 131E whenever a county board of commissioners finds and adopts a resolution finding that it is in the interest of the public health and welfare to create a behavioral health authority in order to operate a behavioral health program under a Medicaid 1915 (b)/(c) waiver program. The behavioral health authority shall be created in the same manner as a hospital authority under 131E and subject to the same provisions, except that G.S. 131E 20 [regarding geographic boundaries] does not apply to a behavioral health authority. It is unclear how this would benefit the system as a whole. 131E would allow such an authority to appoint commissioners in a manner different from the 122C requirements of LMEs (for example, without the LME board requirements and the requirements for a CFAC). It has been referred to the Senate Mental Health Committee.
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, as well as any drug that contains amphetamine (like Adderall). It would require the patient to present one of the following valid, unexpired forms of government issued photographic identification: (i) a drivers license, (ii) a special identification card issued under G.S. 20 37.7, (iii) a military identification card, or (iv) a passport. It does not provide for circumstances where an individual may not have such identification, or when the patient is a minor, or unable to pick up their own prescription in person. Although this bill is intended to reduce prescription fraud, it should be noted that there are already numerous state and federal provisions in place to discourage the fraudulent dispensing of Schedule II substances. The bill has been referred to the Senate Judiciary I committee.
SB 479, Testing in the Public Schools (Tillman, Preston, Soucek Sponsors). SB 479 seeks to implement several additional components of the state’s testing of public school students: continued participation in the development of the Common Core State Standards in conjunction with the consortium of other states, including implementing the assessments that the State Board deems most appropriate to assess student achievement on the Common Core State Standards; to the extent funds are made available, the State Board shall plan for and require the administration of the ACT test for all students in the eleventh grade unless the student has already taken a comparable test and scored at or above a level set by the State Board, as well as diagnostic tests in the eighth and tenth grades that align to the ACT test in order to help diagnose student learning and provide for students an indication of whether they are on track to be remediation free at a community college or university; and to the extent funds are made available for this purpose, the State Board shall plan for and require local school administrative units to make available the appropriate WorkKeys tests for all students who complete the second level of vocational/career courses. It has been filed in the Senate but not yet referred to a committee.
SB 482, ALJ Final Decision Authority (Hartsell Sponsor). SB 482 seeks to amend the Administrative Procedures Act to authorize Administrative Law Judges to make final administrative decisions in contested cases. For example, under the current law, the Department of Health and Human Services can set aside the decision of an ALJ in Medicaid recipient appeals (which occurs routinely when the ALJ finds in favor of the recipient). The recipient must then appeal to Superior Court to challenge that decision. Under this bill, the ALJ’s decision would be final. The bill has not yet been referred to a committee.
SB 496, PPACA/Required Fraud and Abuse Provisions (Pate Sponsor). SB 496 seeks to implement additional screening for Medicaid and Health Choice providers, identifying providers of certain types of services as low, moderate or high risk. It also provides for criminal history record checks for certain providers. It has not yet been referred to a committee.
The pace continues to be brisk down at the General Assembly. Legislation is moving quickly and we may be seeing Appropriation subcommittee budget recommendations by the end of the week. Here's the scoop on bills we are tracking:
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. A Proposed Committee Substitute that still has insurers overseeing the exchange and even goes so far as to charge individuals accessing the exchange a "user fee," received a favorable report in the House Health and Human Services Committee this week. It now goes to the House Insurance committee. For more information about why Disability Rights NC and other advocacy groups oppose this legislation, see the Citizens for Responsible Healthcare website.
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. This bill, which was successfully voted on in the House last week was heard in the Senate Judiciary I Committee this week where it received a favorable report. It be voted on by the full Senate on Monday.
HB 351, Restore Confidence in Government (Lewis, Moore and Killian Sponsors). HB351, aka the “Voter ID” bill, in its original form, sought to require photo identification before voting. A new version of the bill released last week but not voted on, adds to the list of acceptable identification a voter registration card with signature verification at the polls; or a current utility bill, bank statement, government check, paycheck, or other government document, also with signature verification. To verify the signature, two election officials will compare the signature with the signature on record, and use their own judgment to decide if the signatures match. There is great concern among voting rights advocates that this procedure could lead to mischief at the polls.
It also proposes a new section pertaining particularly to voters with disabilities:
(a1) Identification Requirement for a Voter with a Disability. – Notwithstanding subsection (a) of this section, if a voter with a disability does not present documentary evidence as required by subsection (a)(1) through (7) of this section, or provides documentary evidence under subsection (a)(8) or (9) but is unable to sign, that person shall still be permitted to vote as provided by this subsection. To satisfy the requirement of this subsection, a person who is at least 18 years of age accompanying the voter shall execute an affidavit, in the form prescribed by the State Board of Elections, affirming under the penalties of perjury that the voter is the same individual as is registered to vote, and to the best of the affiants knowledge either does not have the required documentary identification or is unable to sign to meet the signature verification requirement. As used in this subsection, a "voter with a disability" is a registered voter who, to the satisfaction of the election official who personally sees the voter, on account of the condition of the voter either is unlikely to have any of the documentary evidence or is likely unable to be able to make a signature to meet the signature verification requirement. Such voter shall vote a ballot is if that voter met the documentary identification requirement.
This provision also leaves a great deal in the judgment of the election official.
SB 22, APA Rules: Increasing Costs Prohibition (Brown, Rouzer sponsors). SB 22 seeks to limit new agency rules by amending GS 150B-19 to add that an agency may not adopt a rule that results in additional costs on persons subject to the rule unless the rule adoption is required to respond to a serious and unforeseen threat to the public health, safety, or welfare, an act of the General Assembly or United States Congress, a change in federal or State budgetary policy, a federal regulation, or a court order. It was signed by the Governor last week, S.L. 2011-13. It is became effective when signed and applies to rules published in the North Carolina Register by an agency on or after that date. It expires July 1, 2012.
SB 32, Hospital Medicaid Assessment/Payment Program (Brunstetter, Clodfelter Sponsors). This bill allows the state to obtain federal matching medicaid funds for hospital assessments. It is a method states may use to draw down additional Medicaid matching funds. It was signed by the Governor last week and is Chaptered Session Law 2011-11. It became effective when signed.
SB 109, Spending Cuts for the Current Fiscal Year (Stevens, R., Brunstetter, Hunt Sponsors). SB 109, filed in response to the Governor’s veto of SB 13, directs the Governor to reduce expenditures in the 2010-11 fiscal year in order to increase General Fund availability for the 2011-2012 fiscal year by $537,740,799 by taking all actions necessary and by identifying funds in non-General Fund accounts for transfer to the General Fund on June 30, 2011. It does not apply to funds available to the Judicial Branch or the Legislative Branch. It was signed by the Governor last week - S.L. 2011-15 - and became effective when signed.
SB 248, Update Archaic Disability Terms (Hartsell Sponsor). SB 248 recommends several changes throughout the statutes regarding appropriate terminology for people with disabilities. It reflects recommendations made by the General Statutes Commission. The bill has passed the Senate and the House and will next be signed into law by the Governor.
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. As reported previously, the bill received a favorable report from the Senate Mental Health Committee the week before last but a floor vote in the Senate continues to be postponed. It is currently scheduled to be voted upon by the full Senate on Tuesday, April 5.
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 a temporary spectator event (defined as 120 hours in a calendar year) where a fire watch is maintained. As reported previously, the bill did receive a favorable report from the House committee but it has been postponed from a full House vote several times. It is currently scheduled to be heard on Tuesday, April 5.
SB 375, Facilitate Statewide Health Info. Exchange (Stein and Brunstetter Sponsors). SB 375 seeks to set up a statewide health information exchange network. The framework proposed is to facilitate the exchange of healthcare information among covered healthcare providers within the confines of HIPAA. It allows individuals the right to opt out if they so choose. The provisions proposed only apply to protected health information disclosed within the Health Information Exchange. The bill received a favorable report in the Senate Health Care Committee last week and it will be voted on in the full Senate on Monday.
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 received a favorable report from the Senate Healthcare committee last week, and approved by the full Senate with a 48-0 vote. It will now be heard in the House. The House companion bill, HB 530 (Blackwell, Brisson, Earle, Hurley Sponsors), was also filed this week.
Newly Filed Bills:
A large number of bill were filed late last week, a trend that will continue this week as we approach the bill introduction deadline.
HB 487, Exempt Bd Cert. Beh. Analyst/Psych Practice (Parmon, Graham Sponsors). HB 487 seeks to amend the NC Psychology Practice Act to allow certified behavior analysts and assistant behavior analysts to offer services within the scope of practice authorized by the Behavior Analyst Certification Board, including behavior analysis and therapy. It has been referred to the House Health and Human Services Committee.
HB 493, Landlord Tenant Law Changes (Howard, Blust, Randleman Sponsors). HB 493 seeks to weaken certain rights and protections of tenants. If passed it would: 1. Allow removal/eviction more easily when a tenant dies, potentially denying surviving family from removing property. 2. End waiver defense in eviction cases where Landlord could not accept rent from Tenant and then evict them. 3. Reverses NC appellate case law that knowledge of defects, no repairs and continued demand and acceptance of rent is an unfair trade practice. 4. Requires Tenant to pay undefined alleged damages in order to appeal from small claims to District Court, effectively taking away right to new trial in small claims. 5. Allows private process servers for eviction complaints with little or no requirements for qualifications or consequences for abuse. Disability Rights NC is opposed to this legislation. It has been referred to the House Judiciary Subcommittee A.
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. Specifically, it excludes from licensure: “A home in which up to three adults, two or more having a disability, co own or co rent a home in which the persons with disabilities are receiving three or more hours of day services in the home or up to 24 hours of residential services in the home. The individuals who have disabilities cannot be required to move if the individuals change services, change service providers, or discontinue services.” Disability Rights NC was part of the workgroup that developed this language, and we support this bill. It has been referred to House Health and Human Services Committee.
HB 540, Remove Adult Care Homes from CON Review (Cook, Dixon, Bradley Sponsors). HB 540 seeks to exempt Adult Care Homes from the Certificate of Need approval process. The Certificate of Need process allows for review and an analysis of need before new facilities may open. Disability Rights NC opposes this bill on the ground that it would only serve to increase facilities in the state, and further divert resources away from the community where people may live more independently. The bill has been referred to the House Health and Human Services committee.
HB 541, CAP-MR/DD Waiver Change/Residential Supports (Hurley Sponsor). HB 541 seeks to direct the Department of Health and Human Services to amend the CAP-MR/DD waiver to expand the type of facilities in which a recipient may receive residential supports. It would allow recipients to receive residential supports in a setting with six or fewer beds; a licensed residential setting with more than six beds if the recipient’s plan of care documents the circumstances that require the recipient to live in such a congregate setting; and also specifies that individuals residing in a licensed group home or adult care home with more than six beds, who were receiving services under the CAP-MR/DD waiver on November 1, 2008, may elect to receive residential supports. Disability Rights NC opposes the bill as written as it would direct resources intended for Home and Community based services into larger congregate settings, which is not the intent of the CAP waiver. It has been referred to the House Health and Human Services committee.
HB 542, Tort Reform for Citizens and Businesses (Rhyne, McComas, Brisson and Crawford Sponsors). HB 542 is the omnibus tort reform bill that has been mentioned in previous posts. HB 542 seeks to protect the makers of any drug, chemical or consumer product from lawsuits if the item was approved by or met regulatory requirements of a state or federal government agency; Allow only 25% of large damage awards intended to punish bad behavior to go to the victim, with the other 75% of a punitive award of more than $100,000 going to a state fund; Cap at $250,000 awards for medical malpractice that caused pain, suffering, disfigurement or other non-economic damages, with an inflation adjustment every three years; and Add protections against medical malpractice lawsuits for adult care homes. For the latest news and updates on tort reform, please refer to the NC Advocates for Justice website at http://www.ncaj.com/. The bill has been referred to the House Committee on Tort Reform, which heard from the public about the bill on Thursday.
HB 554, Residential Building Inspections (House Rules Committee bill). HB 554 seeks to limit the allowable periodic building inspections only when there is reasonable cause to believe that unsafe, unsanitary, or otherwise hazardous or unlawful conditions may exists in a residential building; or as part of a targeted effort to respond to blighted or potentially blighted conditions within a Community Development Block Grant geographic area that has been so designated by the board of commissioners, the Dept. of Commerce, Div. of Community Assistance, or HUD. It has been referred to the House Commerce committee.
HB 572, Accountability for Publicly Funded Nonprofits (Justice, Sager, Stevens, West Sponsors). HB 572 seeks to require nonprofits that receive funds from local, state or federal government to provide financial statements and a copy of its IRS Form 990 to the public. As the IRS Form 990 is already publicly available, it is not likely that this would impose any undue burden on nonprofits (For example, Disability Rights NC’s 990 is available on our website). It has been referred to the House Finance Committee.
HB 574, Distribution of Excise Tax on Title Instruments (Hall, Killian, Moore R., Adams Sponsors). HB 574 seeks to change the distribution of the excise tax to allocate a portion to the NC Housing Trust Fund for affordable housing. This would create a designated revenue stream to the Housing Trust Fund. Currently, all of these funds go to the Parks and Recreation Trust Fund and the Natural Heritage Trust Fund. A Senate companion bill, SB 462 (Mansfield, Gunn, Clary Sponsors) was also filed this week. The House bill was referred to the House Finance Committee and the Senate version was referred to the Senate Finance committee. Disability Rights NC, along with a number of organizations who promote affordable housing, supports this bill.
HB 579, Modify Law re: Corporal Punishment (Alexander, Johnson Sponsors). HB 579 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. A similar restriction was passed last year to allow parents of students with disabilities to opt out of corporal punishment in school. Since the passage of that legislation, the number of schools districts in North Carolina that continue to allow corporal punishment has dropped to 18. Disability Rights NC is working with Action for Children NC, North Carolina Association for Educators, and other organizations to support this legislation. It has not yet been referred to a committee. SB 498 (Pate, Purcell Sponsors) has also been filed in the Senate.
SB 465, Behavioral Health Management (Hartsell Sponsor). SB 465 seeks to allow LMEs that are operating under Medicaid Managed Care waivers (i.e., 1915(b) or 1915(b)/(c) combo waivers like PBH) to organize under Chapter 131E of the General Statutes, Article 2 governing Public Hospitals. It would allow a behavioral health authority to be created under 131E whenever a county board of commissioners finds and adopts a resolution finding that it is in the interest of the public health and welfare to create a behavioral health authority in order to operate a behavioral health program under a Medicaid 1915 (b)/(c) waiver program. The behavioral health authority shall be created in the same manner as a hospital authority under 131E and subject to the same provisions, except that G.S. 131E 20 [regarding geographic boundaries] does not apply to a behavioral health authority. It is unclear how this would benefit the system as a whole. 131E would allow such an authority to appoint commissioners in a manner different from the 122C requirements of LMEs (for example, without the LME board requirements and the requirements for a CFAC). It has been referred to the Senate Mental Health Committee.
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, as well as any drug that contains amphetamine (like Adderall). It would require the patient to present one of the following valid, unexpired forms of government issued photographic identification: (i) a drivers license, (ii) a special identification card issued under G.S. 20 37.7, (iii) a military identification card, or (iv) a passport. It does not provide for circumstances where an individual may not have such identification, or when the patient is a minor, or unable to pick up their own prescription in person. Although this bill is intended to reduce prescription fraud, it should be noted that there are already numerous state and federal provisions in place to discourage the fraudulent dispensing of Schedule II substances. The bill has been referred to the Senate Judiciary I committee.
SB 479, Testing in the Public Schools (Tillman, Preston, Soucek Sponsors). SB 479 seeks to implement several additional components of the state’s testing of public school students: continued participation in the development of the Common Core State Standards in conjunction with the consortium of other states, including implementing the assessments that the State Board deems most appropriate to assess student achievement on the Common Core State Standards; to the extent funds are made available, the State Board shall plan for and require the administration of the ACT test for all students in the eleventh grade unless the student has already taken a comparable test and scored at or above a level set by the State Board, as well as diagnostic tests in the eighth and tenth grades that align to the ACT test in order to help diagnose student learning and provide for students an indication of whether they are on track to be remediation free at a community college or university; and to the extent funds are made available for this purpose, the State Board shall plan for and require local school administrative units to make available the appropriate WorkKeys tests for all students who complete the second level of vocational/career courses. It has been filed in the Senate but not yet referred to a committee.
SB 482, ALJ Final Decision Authority (Hartsell Sponsor). SB 482 seeks to amend the Administrative Procedures Act to authorize Administrative Law Judges to make final administrative decisions in contested cases. For example, under the current law, the Department of Health and Human Services can set aside the decision of an ALJ in Medicaid recipient appeals (which occurs routinely when the ALJ finds in favor of the recipient). The recipient must then appeal to Superior Court to challenge that decision. Under this bill, the ALJ’s decision would be final. The bill has not yet been referred to a committee.
SB 496, PPACA/Required Fraud and Abuse Provisions (Pate Sponsor). SB 496 seeks to implement additional screening for Medicaid and Health Choice providers, identifying providers of certain types of services as low, moderate or high risk. It also provides for criminal history record checks for certain providers. It has not yet been referred to a committee.
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