Updates on Bills with Activity Last Week:
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. For more information from AAPD about state health benefit exchanges, see post here. After several weeks in House Insurance, this bill moved through two House committees last week, receiving favorable reports from the House Insurance and Appropriations committees. Despite numerous concerns raised, the bill passed both committees with bipartisan votes. The bill will be heard in the full House this week.
HB 423, Enact First Evaluation Program (Hurley Sponsor); SB 437 (Hartsell Sponsor). HB 423 seeks to codify a piloted practice 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. A Proposed Committee Substitute was considered and approved by the House HHS subcommittee on Mental Health last week. New language was added to require reports on involuntary commitments from non-state facilities. The bill passed the full House last week and has been referred to the Senate Rules Committee. The Senate version of the bill passed the full Senate and was referred to the House Judiciary A committee. In order to become law, one version of the bill will need to be heard again in the other chamber.
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 received a favorable report from the Senate Health committee last week and is scheduled to be heard in the full Senate today. After Senate approval, the bill will be sent to the Governor to be signed into law.
HB 493, Landlord Tenant Law Changes (Howard, Blust, Randleman Sponsors). HB 493 as originally filed sought to greatly weaken certain rights and protections of tenants. Due to a great deal of opposition, 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. This committee substitute received a favorable vote from the House Judiciary A committee the week of 5/2 and was set to be heard in the full House last week but was postponed when a large number of House members announced that they have a conflict of interest on the bill as landlords. The bill was postponed until this week to address whether there was an actual conflict of interest.
SB 525, Streamline Oversight/DHHS Service Providers (Tucker, Hartsell sponsors) (HB 618 was also filed). SB 525 seeks to streamline duplicate oversight of DHHS service providers. A Proposed Committee Substitute, supported by Disability Rights NC, was approved by the Senate Mental Health Committee last week, and the bill is scheduled to be heard in the full Senate 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 is also a budget provision that presents a much less specific plan for this process, and a House version of the bill that is scheduled to be heard in the House Health and Human Services committee this week. Hopefully all of these will be reconciled as we move forward.
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. It received a favorable report from the House Judiciary A committee last week despite contentions by a lawyer from the Attorney General's office representing DHHS that the change could run afoul of federal Medicaid rules when it comes to disputes over benefits eligibility for that program. The legislation would affect all agencies - everything from personnel to permit disputes. The bill will likely be heard in the full House this week.
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 received a favorable report from the House Elections committee in a 16-14 vote last week and passed 2d reading in the full House in a largely partisan vote, 61-53, with 3 Republicans (Faircloth, McGrady and Murry) joining Democrats in voting No. 3d reading is scheduled for tonight in 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 received a favorable report in the House Judiciary A committee last week, and will next be voted on in the full House.
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 allow parents of all students to opt out of a school’s corporal punishment policy. The bill received a unanimous favorable report in the Senate last week and has now been referred to the House Education committee.
SB 512, Adult Day Care/Overnight Respite Program (Clary). SB 512 seeks to allow adult day care programs to provide overnight respite. A proposed committee substitute was approved by the Senate Health Care committee last week and the bill is scheduled to be voted upon in the full Senate this week. The committee substitute now 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 is set to be heard in the full Senate this week.
SB 648, Amend Law Re: School Discipline (Preston; Tillman; Hartsell). SB 648 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 passed the full Senate in a unanimous vote last week and will next be heard in the Senate. The House version, HB 736, has already passed the full House and has been referred to the House Education committee. One version will have to be heard in the other chamber before the bill can go to the Governor to be signed into law. Press coverage of the vote last week stated that the National Center for Education Statistics says North Carolina ranks third nationally in the rate of short-term school suspensions of between one and 10 days out of school behind South Carolina and Delaware.
SB 669, 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 to be used for people with mental illness. The bill was approved by the full Senate last week and will next be heard in the House Finance committee.
HB 115, North Carolina Health Benefit Exchange Act (Dockham, Brubaker, Wray, Murry Sponsors). HB 115 seeks to establish a Health Benefit Exchange to make available qualified health benefit plans beginning in 2014. 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. For more information from AAPD about state health benefit exchanges, see post here. After several weeks in House Insurance, this bill moved through two House committees last week, receiving favorable reports from the House Insurance and Appropriations committees. Despite numerous concerns raised, the bill passed both committees with bipartisan votes. The bill will be heard in the full House this week.
HB 423, Enact First Evaluation Program (Hurley Sponsor); SB 437 (Hartsell Sponsor). HB 423 seeks to codify a piloted practice 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. A Proposed Committee Substitute was considered and approved by the House HHS subcommittee on Mental Health last week. New language was added to require reports on involuntary commitments from non-state facilities. The bill passed the full House last week and has been referred to the Senate Rules Committee. The Senate version of the bill passed the full Senate and was referred to the House Judiciary A committee. In order to become law, one version of the bill will need to be heard again in the other chamber.
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 received a favorable report from the Senate Health committee last week and is scheduled to be heard in the full Senate today. After Senate approval, the bill will be sent to the Governor to be signed into law.
HB 493, Landlord Tenant Law Changes (Howard, Blust, Randleman Sponsors). HB 493 as originally filed sought to greatly weaken certain rights and protections of tenants. Due to a great deal of opposition, 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. This committee substitute received a favorable vote from the House Judiciary A committee the week of 5/2 and was set to be heard in the full House last week but was postponed when a large number of House members announced that they have a conflict of interest on the bill as landlords. The bill was postponed until this week to address whether there was an actual conflict of interest.
SB 525, Streamline Oversight/DHHS Service Providers (Tucker, Hartsell sponsors) (HB 618 was also filed). SB 525 seeks to streamline duplicate oversight of DHHS service providers. A Proposed Committee Substitute, supported by Disability Rights NC, was approved by the Senate Mental Health Committee last week, and the bill is scheduled to be heard in the full Senate 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 is also a budget provision that presents a much less specific plan for this process, and a House version of the bill that is scheduled to be heard in the House Health and Human Services committee this week. Hopefully all of these will be reconciled as we move forward.
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. It received a favorable report from the House Judiciary A committee last week despite contentions by a lawyer from the Attorney General's office representing DHHS that the change could run afoul of federal Medicaid rules when it comes to disputes over benefits eligibility for that program. The legislation would affect all agencies - everything from personnel to permit disputes. The bill will likely be heard in the full House this week.
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 received a favorable report from the House Elections committee in a 16-14 vote last week and passed 2d reading in the full House in a largely partisan vote, 61-53, with 3 Republicans (Faircloth, McGrady and Murry) joining Democrats in voting No. 3d reading is scheduled for tonight in 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 received a favorable report in the House Judiciary A committee last week, and will next be voted on in the full House.
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 allow parents of all students to opt out of a school’s corporal punishment policy. The bill received a unanimous favorable report in the Senate last week and has now been referred to the House Education committee.
SB 512, Adult Day Care/Overnight Respite Program (Clary). SB 512 seeks to allow adult day care programs to provide overnight respite. A proposed committee substitute was approved by the Senate Health Care committee last week and the bill is scheduled to be voted upon in the full Senate this week. The committee substitute now 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 is set to be heard in the full Senate this week.
SB 648, Amend Law Re: School Discipline (Preston; Tillman; Hartsell). SB 648 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 passed the full Senate in a unanimous vote last week and will next be heard in the Senate. The House version, HB 736, has already passed the full House and has been referred to the House Education committee. One version will have to be heard in the other chamber before the bill can go to the Governor to be signed into law. Press coverage of the vote last week stated that the National Center for Education Statistics says North Carolina ranks third nationally in the rate of short-term school suspensions of between one and 10 days out of school behind South Carolina and Delaware.
SB 669, 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 to be used for people with mental illness. The bill was approved by the full Senate last week and will next be heard in the House Finance committee.
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