Sunday, May 22, 2011

Bill Update for the Week of May 16

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. This bill creates a version of the exchange that is governed by a board that includes insurers as voting members and is lacking in consumer protections. HB 115 was scheduled to be voted on in the full House last week but was postponed until May 25. Given the opposition to the bill from both ends of the political spectrum - consumer advocates, including Disability Rights NC, and the John Locke Foundation at the other end, members may be re-thinking their support of their Insurance industry-backed bill. Click here for an article on the status in the News & Observer.

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. The bill passed the full Senate last week, and is now back in the House for concurrence.

HB 493, Landlord Tenant Law Changes (Howard, Blust, Randleman Sponsors). HB 493 as originally filed sought to greatly weaken certain rights & protections of tenants. However, the bill has been modified to make clear that If the tenant fails to make rental payments during an appeal, as provided in the undertaking within five days of the day rent is due under the terms of the residential rental agreement, the clerk of superior court shall, upon application of the landlord, immediately issue a writ of possession, and the sheriff shall dispossess the tenant; raises the value of personal property that may be donated or disposed of after a tenant abandons or has been ejected; modifies the permitted uses of the deposit; and makes small changes to the laws on vacation rentals regarding cleaning fees. You may remember from last week’s post that the bill was postponed in the House while members sought an ethics opinion on whether any member who is a landlord has a conflict of interest with respect to the bill. After assurances on the issue, the bill passed the House unanimously. It has now been referred to the Senate Judiciary II committee.

HB 618, Streamline Oversight/DHHS Service Providers (Lewis and Hurley Sponsors). HB 618 seeks to streamline duplicate oversight of DHHS service providers. A Proposed Committee Substitute, supported by Disability Rights NC, was approved by the House Health and Human Services Committee last week, and is scheduled to be heard by the full House this week. The new version sets up a task force that includes advocates, consumers, providers, and legislators to make recommendations to align oversight of DHHS providers. There was an amendment in the committee to add 2 additional members to the Task Force - one who is a member of the NC Providers Council, and one member of the NC Psychiatric Assn. Some concerns have been raised that this now shifts the balance of membership on the committee toward providers, and away from advocates. The Senate version, SB 525, passed the full Senate last week and has been referred to the House Appropriations 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, including Medicaid appeals. The legislation would affect all agencies - everything from personnel to permit disputes. The bill was schedule to be voted on in the full House last week but was postponed to allow the sponsors additional time to work with those parties who have concerns about the bill. It is scheduled to be heard tomorrow night in the House.

HB 658, Change Early Voting Period (Jones, Stam, Colins, Sager Sponsors). HB 658 seeks to shorten the early voting period by a week (by delaying the start of early voting from the third Thursday before an election to the second Thursday). The bill passed the House on 3d reading last week by a 60-58 vote, after adopting an amendment offered by Rep. Jones that would keep early voting sites open later, allowing people who get off work at 5 p.m. more time to vote. Six Republicans (Guice, Faircloth, Jordan, Lewis, McGrady and Torbett) joined 52 Democrats in voting against the bill. The bill now goes to the Senate.


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. SB 316 received a favorable report from the House Health and Human Services committee this week, where Sponsor Senator Hartsell referred to this bill as the "Free PBH" bill because the bill's main purpose is to allow PBH to expand its geographic coverage area. The bill was then voted upon favorably by the full House, where an amendment was passed to add the language directing the department to consult with stakeholders before approving additional sites. 15 members voted against the bill on 2d reading (Alexander, K.; Bell; Brandon; Bryant; Cotham; Earle; Floyd; Graham; Hall; Hamilton; Harrison; Jackson; Mobley; Parmon; Weiss) and on 3d (Alexander, K.; Bell; Brandon; Cotham; Earle; Graham; Hall; Hamilton; Harrison; Jackson; McGuirt; Mobley; Moore, R.; Parmon; Weiss). The bill will now proceed back to the Senate for concurrence.

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 unanimous favorable report in the House last week and is now awaiting the Governor’s signature.

SB 512, Adult Day Care/Overnight Respite Program (Clary). SB 512 directs the Department of Health and Human Services to conduct a pilot program to assess the provision of overnight respite services in adult day care programs. The bill passed the full Senate last week and has now been referred to the House Health and Human Services committee.

SB 595, Voter Identification At Polls (Clary). SB 595 is the Senate version of the Voter ID bill (which is different from the House Voter ID bill, HB 351, which is awaiting a hearing in the House Appropriation committee). SB 595 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. The bill was discussed on Tuesday in the Senate Judiciary I committee. There was no public comment and no vote. Senator Tillman suggested the addition of a Medicaid card as a form of ID. There has been a fiscal memo of $3.1 mil but it doesn't include education costs. There has been speculation that the Senate scheduled this hearing in order to prompt the House to move on its version of Voter ID.

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