Legislative Update for the Week of May 13

Cross-over, the date by which most bills must pass at least one chamber, came and went this week in a flurry, but minus the very late nights of previous years. The Senate budget is due to be posted online on Sunday, with discussion beginning in Senate Appropriation committees Monday afternoon.

Bill Updates

HB 74, Periodic Review and Expiration of Rules, (Murry, Moffitt, Samuelson, Bryan).  HB 74 directs state agencies to review existing rules at least once every 10 years according to a procedure set out in the bill.  It was approved by the full House this week.

HB 109, Require Safety Helmets/Under 21 (Torbett, Speciale).  HB 109 was amended in the House Judiciary B subcommittee to direct the Joint Legislative Transportation Oversight Committee to review the laws of North Carolina and other states relating to the use of motorcycle helmets, and consider whether the State's motor vehicle laws should be amended to provide exceptions to the requirement that all operators and passengers on motorcycles or mopeds wear a safety helmet.  It was approved by the full House.

HB 269, Children with Disabilities Scholarship Grants (Jordan, Brandon, Jones, Stam). HB 269 seeks to repeal the tax credit for families of children with disabilities who send their children to a non-public school, and, instead, enact a scholarship in the same amount, $3000 per semester, for the reimbursement of tuition and special education and related services, including services provided to home schooled students.  HB 269 was approved by the House Appropriations committee and the full House this week.  There was an amendment proposed on the floor by Rep. Hamilton to require documentation that special education services required under the IEP be provided by the nonpublic school, but it failed. 

HB 311, Repeal Literacy Test (K. Alexander, Michaux, Jeter, Warren).  HB 311 seeks a constitutional amendment to repeal the requirement that persons present themselves for voter registration and read and write a section of the Constitution, both of which requirements have been prohibited by federal law.  The bill was approved by the full House this week and has been referred to the Senate Judiciary I committee.

HB 320, Medicaid Managed Care/Behavioral Health Services (Dollar, Burr).  HB 320 as originally filed would establish an entirely new statute governing Medicaid appeals for both recipients and providers under Managed Care. An amended version of HB 320 was approved by the House Health and Human Services committee and the full House this week.  It was amended on the floor to remove the provisions related to providers and to add mediation back in for recipient appeals. 

HB 498, Mandate Autism Health Insurance Coverage (McGrady, Murry, Cotham, Shepard).  The bill requires health benefit plans, including the State Health Plan to provide coverage for the treatment of Autism Spectrum disorders.  HB 498 was approved by the House Appropriations and Insurance committees and full House this week.  It was amended and scaled back along the way - the cap reduced to $36,000, age limit cap to 23, to benefit must be diagnosed by the age of 8,   It provides that every health benefit plan shall provide coverage for the screening, diagnosis, and treatment of autism spectrum disorder; unlimited number of visits; may not be denied on the basis that the treatments are habilitative or educational in nature; but are subject to a maximum annual benefit of $75,000.  It has been referred to the House Insurance and Appropriations committees. 

HB 533, Detention of Mentally Ill in Facility (Jordan).  HB 533 is a local Ashe, Wilkes and Cumberland County bill.  It was amended substantially on the House floor before passing the full House.  The bill now amends 122C-251 regarding transportation to allow hospital police to supervise an Involuntary Commitment respondent, and to use appropriate and reasonable force to keep the respondent at that facility, if law enforcement vacates the facility after finding, in collaboration with  the facility, that the respondent is safe to be temporarily detained under the appropriate  supervision provided by the facility.   

It has now been referred to the Senate Judiciary II committee.

HB 625, Zoning/Health Care Structure (Moffitt, Howard, Setzer, Ramsey). HB 625 will allow a ”temporary family health care structure” to be used by a caregiver in providing care for a “mentally or physically impaired person.” It was approved by the full House this week, and has been referred to the Senate State and Local Government committee.


HB 674, Study Medicaid Provider Hearings (Stevens).  HB 674 directs the Program Evaluation Oversight Committee to Direct the Program Evaluation Division to study the contested case process for Medicaid provider appeals.  HB 674 was approved by the House Health and Human Services committee and the full House this week, and has been referred to the Senate Rules committee.

HB 802, Landlord/Tenant/Shorten Eviction Time (Earle, Moore, Brawley, Cunningham). HB 802 seeks to shorten the times for an eviction proceeding. It was approved by the full House this week.  It was amended on the floor to remove the provisions that would have allowed private process servers in certain counties.  It has now been referred to the Senate Judiciary II committee.

HB 838, Exceptional Children's Services/Study (Martin, Horn, Whitmire, Johnson).  HB 838 seeks to establish a commission to study the delivery of EC services and oversight by DPI.  It has been referred to the House Rules committee.  HB 838 was amended in the House Rules committee to include Disability Rights in the study committee. It was approved by the full House this week and has been referred to the Senate Rules committee.

HB 840, Division of Deaf Education (Martin, Farmer-Butterfield, Blackwell, Horn).

HB 840 was amended in committee to direct a task force rather than a separate division of deaf education in DPI. The Task Force shall (i) serve as a resource for legislators and State agencies involved in the education of children who are deaf or hearing impaired and (ii) make recommendations to the General Assembly regarding the necessary continuum of educational services, supports, and placements to ensure optimal educational outcomes of children who are deaf or hearing impaired.  It was approved by the full House and has been referred to the Senate Rules committee.

HB 868, Residential School Changes (Farmer-Butterfield, Blackwell, Martin, Tolson). HB 868 makes conforming changes to the state statutes regarding the residential schools.  It was approved by the full House this week and has been referred to the Senate Education committee.

HB 891, Exploitation of Seniors/Freeze Defendant's Assets (Glazier, McGrady, Insko, Baskerville).  HB 891 allows the district attorney to petition the Court to freeze the assets of a defendant charged with financial exploitation of an elder adult or disabled adult.  HB 891 was approved by the House Judiciary B committee and the full House this week.  It has been referred to the Senate Judiciary II committee.

HB 900, Exempt Continuing Care Facilities from CON (Avila, Samuelson, Burr, Setzer).  HB 900 seeks to exempt Continuing Care Retirement Communities from Certificate of Need review for communities that provide home health services to individuals receiving lodging within those communities.  The bill was approved by the House Health and Human Services committee this week but was pulled before a full House vote and referred to the House Rules committee.  Because the bill was not passed before the cross-over deadline, the matter will likely not proceed during this session.

HB 982, Modify Medicaid Subrogation Statute (Burr, Avila). HB 982 seeks to modify the state statute regarding recovery of health care expenditures made on behalf of Medicaid beneficiaries who are tort victims in response to the US Supreme court decision, Wos v. E.M.A. It was approved by the House Health and Human Services committee and the full House this week.  It has been referred to the Senate  Health Care committee.

SB 553, LME/MCO Enrollee Grievances and Appeals (Hise).  SB 553 creates a new chapter to govern LME/MCO recipient appeals.   SB 553 was approved by the full Senate this week and has been referred to the House Health and Human Services committee.

For information on bills that did not make cross-over, the News and Observer has a good rundown here:  http://www.newsobserver.com/2013/05/17/2897873/which-bills-survived-crossover.html.

Legislative Update for the Week of May 6

Bill Update for the Week of May 6

Cross-over is fast approaching so it was a fast and furious week at the state legislature. Cross-over is the date by which most bills must pass at least one chamber. Both House and Senate leadership signaled their intent to hold fast to the May 16 deadline this year. The Senate appears to be on track to release the budget the following week, the week of May 20.  Here’s what happened last week.

HB 74 Periodic Review and Expiration of Rules, (Murry, Moffitt, Samuelson, Bryan).  An amended version of HB 74 was approved by the House Regulatory Reform committee this week.  The bill now directs state agencies to review existing rules at least once every 10 years according to a procedure set out in the bill, which begins with a determination of whether the rule is necessary with substantive public interest; necessary without substantive public interest; or unnecessary.  After a public comment period of at least 60 days, the agency submits a report to the Rules Review Commission.  The Rules Review Commission then provides a final determination report regarding the rules reviewed to the Joint Legislative Administrative Procedure Oversight Committee. The bill is scheduled for a full House vote on Monday.

 

HB 217, Criminal Law/Procedure Amendments (Faircloth, Stam). HB 217 will allow prosecutors to  transfer 15-year-olds charged with B1 and B2 felonies to Superior Court to be tried as adults. The bill was approved by the full House, 92-26 this week.  It has been referred to the Senate Judiciary I committee.

 

HB 269, Children with Disabilities Scholarship Grants (Jordan, Brandon, Jones, Stam). HB 269 seeks to repeal the tax credit for families of children with disabilities who send their children to a non-public school, and, instead, enact a scholarship in the same amount, $3000 per semester, for the reimbursement of tuition and special education and related services, including services provided to home schooled students. HB 269 was approved by the House Finance committee this week.  It has been referred to House Appropriations.

 

HB 274, Taxpayer Bill of Rights (Blust, Jones, Holloway, Starnes). HB 274 seeks to limit increases in the state budget, including through the proposal of constitutional amendment that would limit increases to a set formula. It was approved by the House Government committee this week.  It has now been referred to the House Finance committee.

 

HB 311, Repeal Literacy Test (K. Alexander, Michaux, Jeter, Warren).  HB 311 seeks a constitutional amendment to repeal the requirement that persons present themselves for voter registration and read and write a section of the Constitution, both of which requirements have been prohibited by federal law.  The bill was approved by the House Elections committee this week, and is scheduled for a full House vote on Monday.

HB 533, Detention of Mentally Ill in Facility (Jordan).  HB 533 is a local Ashe County bill.  It seeks to amend NCGS 122C-263 to allow a law enforcement officer or a company police officer employed by a hospital that is certified as a company police agency by the Attorney General to use appropriate and reasonable force and means to keep an Involuntary Commitment respondent at a facility or other location where the respondent is to be detained, and if pursuant to a continuous and immediate pursuit, to return the respondent to the facility or other location where the respondent is to be detained.  HB 533 was approved by the House Government committee this week and will be considered by the full House next week.

HB 585, PREA Compliance (Lewis). As originally filed, HB 585 directs all correctional facilities, juvenile facilities and local confinement facilities to comply with the provisions of the Federal Prison Rape Elimination Act. The bill was amended on the House floor to remove local confinement facilities (i.e.,  jails) from the requirement.  It was then approved by the full House and has been referred to the Senate Judiciary II committee.

HB 625, Zoning/Health Care Structure (Moffitt, Howard, Setzer, Ramsey). HB 625 will allow a ”temporary family health care structure” to be used by a caregiver in providing care for a “mentally or physically impaired person.” It was approved by the House Finance committee this week and is scheduled for a vote in the full House on Monday.

HB 693, Eliminate Exceptions/Med Treatment/Minors (Whitmire, Fulghum, Brisson, Schaffer).  HB 693 would eliminate exceptions for parental consent for medical treatment for minors seeking treatments for mental health, substance abuse, sexually transmitted diseases and pregnancy.  It was approved by the House Health and Human Services committee last week and was scheduled for a full House vote but was re-referred to the House Judiciary committee.

HB722, Capital Procedure/Severe Disability (Stam, McGrady, Stevens, Jordan). HB 722 seeks to amend the capital trial, sentencing, and post-conviction procedures for individuals with a severe mental disability who have been accused of a capital offense. HB 722 is a Disability Rights NC agenda bill. It was approved by the House Judiciary B subcommittee this week and was expected to be scheduled for a full House vote.  However, the bill was referred to the House Rules committee.

HB 802, Landlord/Tenant/Shorten Eviction Time (Earle, Moore, Brawley, Cunningham). HB 802 seeks to shorten the times for an eviction proceeding.  A Proposed Committee Substitute was approved by the House Judiciary C subcommittee last week and is scheduled for a full House vote on Monday.  The PCS still shortens the time for eviction but it allows an exception upon agreement of the parties, or for complex summary ejectment cases, in which the magistrate shall render judgment within five business days of the hearing. Complex summary ejectment cases include cases brought for criminal activity, breaches other than nonpayment of rent, evictions  involving Section 8 or public housing tenants, and cases with counterclaims.

 

HB 935, NC Pre-K Law Changes (Burr, Avila). HB 935 lowers the eligibility standard for NC Pre-K to 100% of the Federal Poverty Line (current eligibility is ~200% of FPL). HB 935 was amended by the sponsor on the House floor to allow children up to 130% of FPL, as funds are available.  In a 62-56 vote, the bill was also amended to postpone implementation to 2014.

 

SB 553, LME/MCO Enrollee Grievances and Appeals (Hise). SB 553 was approved by the Senate Judiciary II committee last week, with no changes made from the version approved by the Health committee.  It is scheduled for a vote in the full Senate on Monday.

 

Week of April 29 Legislative Update

Bill Updates

HB 459, Chronic Care Coordination Act (Dollar, Murry, Hollo, Lambeth).  HB 459 requires the DHHS Divisions of Public Health and Medical Assistance, and the Division in the Department of State Treasurer responsible for the State Health Plan to collaborate to reduce the incidence of chronic disease and improve chronic care coordination within the State.  HB 459 was removed from the House Appropriations committee this week and calendared for a vote by the full House. It was approved by the full House and will now proceed to the Senate.

HB 492, Safeguard Qualified Individuals/Medicaid PCS(Dollar).  HB 492 allows for an additional 50 hours per month of Medicaid Personal Care Services (“PCS”) for recipients who meet the PCS eligibility criteria and additional criteria.  HB 492 was removed from the House Appropriations committee this week and calendared for vote by the full House.  The bill was amended on the House floor to change the date for an interim report on implementation to June 1.  It passed the full House and will next be heard in the Senate.

HB 585, PREA Compliance (Lewis). HB 585 directs all correctional facilities, juvenile facilities and local confinement facilities to comply with the provisions of the Federal Prison Rape Elimination Act.  It was approved by the Judiciary A committee this week and is scheduled next for a vote in the full House next Tuesday.

HB 635, Involuntary Commitment Custody Orders (Lambeth, Conrad, Terry, Hanes). HB 635 will allow the clerk or magistrate to issue an order by fax or an electronically scanned order by electronic transmission to a physician or eligible psychologist at a 24 hour facility to take a respondent into custody at the 24 hour facility.  The bill was approved by the full House this week.  It has been referred to the Senate Judiciary II committee.

HB 867, Medicaid County of Residence (Avila, Burr, Hollo, Brisson). HB 867 exempts recipients of services under 1915(b)/(c) managed care waivers from Medicaid home origin requirements.  Medicaid recipients served pursuant to the State's Section 1915(b)/(c) managed care wavier shall be based on the individual's Medicaid current county of residence, and Innovations waiver slots shall be portable. HB 867 was approved by the House Health and Human Services committee, and full House this week. 

HB 877, Navigator Training and Certification (Collins, S. Ross, Tine).  A Proposed Committee Substitute for HB 877 was approved by the House Insurance committee this week.  It now provides for certification and reporting to the Insurance Commissioner by health insurance navigators.  It has been referred to the Appropriations committee.

HB 935, NC Pre-K Law Changes (Burr, Avila).  HB 935 lowers the eligibility standard for NC Pre-K to 100% of the Federal Poverty Line (current eligibility is ~200% of FPL). The bill also requires local partnerships to administer NC Pre-K in all counties (as opposed to local school districts) and makes substantial changes to the composition and purview of the Child Care Commission.  It was approved by the House Health and Human Services committee and the full House this week.

SB 320, Improve Education for Children Who Are Deaf (Daniel, Newton, Bryant).  SB 320 directs the State Board of Education to implement assessment procedures and ensure that the language and communication needs of children who are deaf or hard of hearing are being met. It was approved by the Senate Education committee and full Senate this week.

SB 553, LME/MCO Enrollee Grievances and Appeals (Hise).  A Proposed Committee Substitute for SB 553 was approved by the Senate Health committee this week.  The bill creates a new chapter to govern LME/MCO recipient appeals.  While the bill as filed had significant changes from the current process, the PCS incorporates a number of procedures and standards from the current governing statute, including mediation, burden of proof and notice requirements.  It will next be heard in the Senate Judiciary II committee.