Legislative Update for the Weeks of March 25 and April 1

Bill Updates for the weeks of March 25 and April 1

HB 109, Require Safety Helmets/Under 21 (Torbett, Speciale).  HB 109 seeks to amend the state's requirement for a helmet while riding a motorcycle to allow adults over 21 to ride without a helmet if they have had a motorcycle license or endorsement for more than 12 months or completed the Motorcycle Safety Instruction Program; and are covered by an insurance policy providing for at least $10,000 in medical benefits for injuries incurred as a result of a crash while operating or riding on a motorcycle.  If a person rides without a helmet and is not in compliance with these requirements, then they must pay a $25.50 penalty but are not assessed court costs, no drivers license points or insurance surcharge. The bill has now been referred to the House Judiciary B committee.

HB 317, Improve Education for Children Who Are Deaf (Blackwell, Farmer-Butterfield, Holloway, Martin).  HB 317 would mandates assessment and consideration of language and communication needs of children who are deaf or hard of hearing.  It was approved by the House Education committee on March 26.  It had been referred to the House Appropriations committee but has been removed, and is now scheduled for the full House on Monday, April 8.

HB 392, Share Arrest Warrant Status/Public Assistance (Arp, Horn, Starnes, Burr).  HB 392 would require a County Department of Social Services (DSS) to conduct a criminal check on applicants and recipients of Temporary Assistance to Needy Family (TANF) Benefits or Food and Nutrition Services (FNS) Benefits; require DSS to share information with a local Law Enforcement Agency regarding any applicant or recipient who has an outstanding arrest warrant; and to deny benefits to an applicant or recipient who has an outstanding warrant for a felony or for a probation or parole violation. It was approved by the House Health and Human Services committee this week and calendared for the House floor but has been postponed twice after concerns about the costs of implementing locally were raised.

HB 435, School Performance Grades (Langdon, Johnson, Holloway and Cotham).  HB 435 repeals the formula set out last year and provides a new formula for calculation of school performance scores and grades by the State Board of Education. The bill was approved by the House Education committee and the full House this week.

SB 45, Incapacity to Proceed (Randleman). SB 45 was signed by the Governor on April 3 and is Session Law 2013-18.  Most of the bill, including the section pertaining to the dismissal of charges, becomes effective December 1, 2013, and applies to offenses committed on or after that date.

SB 208, Effective Operation of 1915(b)/(c) Waiver (Tucker, Barringer).  SB 208 seeks to define LME/MCOs in state statute; require the Health and Human Services Secretary to attest to the LME/MCO's compliance with state and federal laws and contracts, particularly its solvency, timeliness of provider payments, and the ability to exchange billing, payment, and transaction information with LME/MCOs and providers in a manner that complies with all applicable federal standards. If the Secretary cannot attest to these factors, then the operation of that LME/MCO must be transferred to another LME/MCO.  It has been approved by the full Senate but not yet referred to a House committee.

SB 223, Severance and Relocation for Area Directors (Hise).  SB 223 seeks to amend the state statute to allow an area board of an LME to offer severance and relocation benefits to recruit an area director.  It has been approved by the full Senate and referred to the House Government committee.

SB 334, Dorothea Dix Lease (Hise, Pate, Tucker).  SB 334 condemns the leasehold interest in the Dix property that was conveyed to the City of Raleigh.  It further specifies that any proceeds from sale or lease of the property shall be used solely for mental health treatment purposes, which the General Assembly determines under the doctrine of cy pres to be as near as may be to the purpose of its acquisition of the property for charitable purposes.  The bill does allow for the lease of a portion of the property for use as a public park, with any proceeds thereof allocated to mental health purposes.  It also directs that any action brought by the city of Raleigh will be by special proceeding with a 3 judge panel in Wake Superior Court.  It was approved by the full Senate, largely along party lines but with the Republican Senators for Wake County voting against the bill.  It has been referred to the House Judiciary committee.

New Legislation - Due to the high volume of legislation filed in the last two weeks (in particular due to the Senate bill filing deadline), the following bill summaries are organized by subject matter

Corrections and Juvenile Justice

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 has not yet been referred to a committee.

Election Bills

HB 451, Elections Omnibus (Starnes).  HB 451, filed March 27, seeks to restore partisan judicial elections, shorten the early voting period, eliminate Sunday voting, change the order of parties on the ballot, eliminate straight-party voting, eliminate same-day voter registration, and amend the requirements for requesting absentee ballots to allow the requestor to simply sign the request.  It has been referred to the House Elections and Finance Committees.

HB 589, VIVA (Voter Information Verification Act) (Warren, Murry, Moore, Samuelson).  HB 589 proposes a photo ID requirement beginning in 2016.  The requirement does not apply to a registered voter who has a permanent physical or mental disability recognized by a State or federal agency that makes such determinations for the purposes of determining eligibility for State or federal assistance under existing law (The State Board is directed to adopt regulations pursuant to this provision). Voters without a photo ID will be allowed to cast a provisional ballot but would have to return to their local board of elections with a valid photo ID to have the ballot counted.  Approved forms of IDs that have expired would be accepted up to 10 years from their date of issuance or date of expiration, whichever is later.  For voters over 70, a photo ID that was valid at the time they were 70 will be considered valid indefinitely.  The bill would allow free voter IDs as well as free copies of birth certificates for those who are willing to attest under the penalty of perjury, a felony, that they have a "financial hardship." The definition of "financial hardship" is not provided in the proposal.  It also provides for changes in absentee voting, including pre-printed forms and the submission of identification beginning in 2014, including a driver's license number, the final four digits of a Social Security number or other federally-approved identification documents like a copy of a utility bill.

SB 633, No Voting by Those Adjudicated Incompetent (Newton) and SB 668, Restrict Mentally Incompetent from Voting (Cook, Rabin) seek to amend the state constitution to disqualify persons adjudicated incompetent from voting.  Both bills have been referred to the Senate Rules committee.

SB 666, Election Law Changes (Cook, Sanderson, Rabin).  Among other changes to the election laws, SB 666 proposes to prohibit dependency deductions for qualifying children who have registered to vote at a different address.  It has been referred to the Senate Rules committee.

SB 667, Equalize Voter Rights (Cook, Sanderson, Rabin).  SB 667 prohibits a parent from claiming a personal exemption for a child who registers to vote at an address other than that of the parent, and to inform new voters that their parents will not be able to claim them as dependents for tax purposes if they register to vote at another address; and that they must register their motor vehicle at the same address they used for voter registration within 60 days.  It has been referred to the Senate Rules and Finance committees.

SB 721, Election Omnibus (Newton). SB 721 would require photo ID for voting, and revise the early voting and same-day registration laws. It has been referred to the Senate Rules committee.

Education and Schools

HB 435, School Performance Grades (Langdon, Johnson, Holloway and Cotham).  HB 435 repeals the formula set out last year and provides a new formula for calculation of school performance scores and grades by the State Board of Education. The bill was approved by the House Education committee and the full House this week.

HB 452, 2013 School Safety Act (Holloway, Glazier, Faircloth, Lucas)/SB 589 (Stein).  The bill allocates $5 million in one-to-one matching grants for LEAs to hire additional school counselors, social workers and psychologists. It also sets out very specific guidance about how school counselors are required to spend their time. H452 also allocates $10 million to provide LEAs with two-to-one matching grants to hire SROs in elementary and middle schools. In addition to funding for support staff and SROs, H452 includes a number of other provisions designed to improve campus security, including funds for panic alarms and a requirement for school districts to establish an anonymous tip line.  It is scheduled for the House Education Committee for next Tuesday at 10 am.

HB 454, Career Prep Adult High Schools (Lambeth)/SB 383 (Brunstetter).  These bills allocate $4 million to Forsyth Technical Community College and Central Piedmont Community College to contract with nonprofits for the operation of career prep adult high school programs.  It also directs the State Board of Community Colleges to adopt standards and guidelines for such programs including student eligibility and selection; curriculum; high school graduation requirements; and  intensive student support services provided to the students.  If this initiative is successful, it is the intent of the General Assembly to incorporate funding for career prep adult high schools into the funding methodology for community colleges.  The bills have been referred to the respective Education committees.

HB 469, Additional Budget Flexibility/ Public Schools (Ramsey, Lambeth, Whitmire).  HB 469 seeks to repeal a number of current requirements for the use of state funds by local school administrative units, including funds for teacher assistants and instructional materials. Funds for children with disabilities may be transferred among funds only as permitted by federal law and the conditions of federal grants. It has been referred to the House Education committee.

HB 587, OCS/ECS Exemption from Act (Whitmire, Holloway, Blackwell, Glazier). HB 587 seeks to exempt 11th grade students enrolled in the Occupational Course of Study or the Extended course of study from the ACT testing requirement. It has not yet been referred to a committee.

HB 588, Public School Report/Flexibility (Whitmire, Langdon, Glazier, Martin).  HB 588 seeks to reduce or give flexibility on certain reporting requirements, including IEP reporting, directing the form for such reporting to limit the requirement for narrative reporting to essential components requiring personalized student information, and whenever practicable, to be in an electronic format.  It has not yet been referred to a committee.

SB 646, Higher Ed Plan for Students with Disabilities (Robinson). SB 646 would require community colleges and UNC to offer a disabilities services program and Individual Higher Education Plans to students with disabilities.  It has been referred to the Senate Rules committee.

Healthcare

HB 459, Chronic Care Coordination Act (Dollar, Murry, Hollo, Lambeth)/SB 606 (Hise, Barringer).  These bills will require 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 has been scheduled for the House Health and Human Services committee next Tuesday at 10 am.

HB 492, Tier II Medicaid Personal Care Services for Alzheimers/Dementia (Dollar).  HB 492 directs DHHS to develop, within available funds, Tier II Enhanced Medicaid Personal Care Services for recipients with a primary diagnosis of Alzheimer's, Vascular Dementia, Dementia with Lewy Bodies, Pick's Disease, Parkinson's Disease, Creutzfeldt‑Jakob Disease, or Huntington's Disease, or, with an attestation that the recipient has dementia-undetermined as long as this diagnosis is made and documented by a neurologist.  Those who qualify shall be eligible for up to a total of 130 hours per month which includes the maximum hours allowed in Tier I.  In preparation for implementation, it directs DHHS to make an interim report on the implementation by May 1, including an estimate of the number of Medicaid recipients that would be eligible for Tier II – Enhanced Medicaid Personal Care Services, an estimate of the number of PCS hours potential Tier II recipients would need broken out in increments of 10 hours between 80 and 130 hours, a copy of the draft Medicaid State Plan Amendment (SPA),  the estimated time line for approval of the SPA and a projected implementation date, and any rate reductions necessary to implement. It has been referred to the House Health and Human Services committee.

HB 498, Mandate Autism Health Insurance Coverage (McGrady, Murry, Cotham, Shepard).  The bill would require health benefit plans, including the State Health Plan to provide coverage for the treatment of Autism Spectrum disorders.  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 543, MH/DD/SA Providers as Uncompensated Guardians (Jones, Avila, Glazier, Turner).  HB 543 would allow MH/DD/SA providers to serve as uncompensated, court-appointed guardians to unrelated clients.  The bill would allow providers to serve as guardians for their clients as long as they are not compensated for the guardianship services and not biologically related to the ward.  It has not yet been referred to a committee.

HB 580, Establish Statewide Telepsychiatry Program (Martin, Burr, Avila, Lambeth)/SB 562 (Hise).  HB 580 would direct the DHHS Division of MH/DD/SAS to develop and establish a statewide telepsychiatry program. The bill allocates $2 million to expand the program currently operated by the Albemarle Hospital Foundation statewide.  It has not yet been referred to a committee.

SB 473, Healthcare Cost Reduction and Transparency (Rucho, Brown).  It seeks to make a number of changes to hospital assessments and other provisions, require disclosure of hospital costs, and direct changes to the governance of CCNC.  It has been referred to the Senate Health and Finance committees.

SB 488, Amend Nursing Home Administrator Act/Fees (Tucker).  SB 488 seeks several changes to the act regarding licensure of nursing home administrators. It will make changes to the qualifications section of the law and amend the reasons for the suspension, revocation or refusal to issue a license on discrimination grounds to include discrimination against patients, employees, or staff on account of mental or physical disability.  It has been referred to the Senate Health Care and Finance committees.

SB 542, Drug Testing for LTC Applicants and Employees (Cook, Jackson, Rabin).  SB 542 would require Adult Care Homes and nursing homes to require applicants for employment and certain employees to submit to drug testing for controlled substances. It has been referred to the Senate Health Care committee.

SB 552, Public Paid Claims Data/Health Information Exchange (Hise).  SB 552 would mandate LME/MCOs to report monthly to CCNC all client specific paid claims, encounter data, and shadow claims necessary to track and analyze State and federal mental health expenditures. It has been referred to the Senate Health Care committee.

SB 553, LME/MCO Enrolleee Grievances and Appeals (Hise).  SB 553 seeks to establish new appeal procedures for recipients receiving services through an LME/MCO.  The proposed recipient appeals process is similar to that put forth in HB 320 but it does not include the provider appeal provisions. It has been referred to the Senate Health and Judiciary II committees.

SB 556, Wind Up High Risk Health Insurance Pool (Hise).  SB 556 provides for the dissolution of the high risk insurance pool as of January 1, 2014.  It has been referred to the Senate Insurance and Appropriations committees.

SB 573, MH/DD/SA Providers/Guardianship Issues (Randleman, Barringer, Robinson).  SB 573 seeks to amend the statute related to the qualification of guardians to specify that corporations shall not be appointed as guardian for any individual to whom it provides mental health, developmental disabilities, or substance abuse services for compensation as part of a contractual or other arrangement with an LME or MCO.  It also provides exceptions to the exclusion of  those who contract with the LME/MCO to provide services if they are a parent or adoptive parent of that ward; a family member of the ward; a licensed family foster care provider; or a  licensed therapeutic foster care provider.  It has been referred to the Senate Health Care committee.

SB 596, Establish Study Commission on TBI Services (Pate).  It has been referred to the Senate Rules committee.

SB 605, Funds/Child Treatment Program (Hise, Barringer).  SB 605 seeks an apropriation for the Child Treatment Program, which provides training and support for evidence based programs to ensure appropriate outcomes.  It has been referred to the Senate Appropriations committee.

SB 663, Blue Ribbon Commission Recs/Supportive MH Housing (Hise). SB 663 would implement the recommendations of the Housing Subcommittee of the Blue Ribbon Commission on Transitions to Community Living to require DHHS to establish a Supportive Housing Program and an Assistive Technology Reutilization Program and  to create a Transitions to Community Living Housing Budget within the Transitions to Community Living Fund to integrate individuals with Mental Illness into Community-Based Supported Housing.  It has been referred to the Health Care and Appropriations committees.

SB 687, Involuntary Commitment Custody Orders (Parmon, Brunstetter).  SB 687 will allow the clerk of court or a magistrate to issue an involuntary commitment custody order to a petitioning physician, eligible psychologist, or the 24‑hour facility's on‑site police security personnel, at a 24 hour facility when the respondent is already at the 24 hour facility.  It has been referred to the Health Care and Judiciary I committees.

SB 691, Unlawful to Assist Another to Commit Suicide (Sanderson, Brock, Cook).  It was referred to the Senate Health Care committee.

SB 712, ID Card for Homebound Persons (Hunt). SB 712 directs the DMV to adopt rules for a process for people with a severe disability who are homebound to apply for a special photo ID card by means other than personal appearance.  It has been referred to the Transportation committee.