The short session is moving along at a brisk pace. The Senate took up some big issues this week - legislation on fracking and regulatory reform were both approved, and a package on tort reform was discussed but not approved. We expect to see the Senate version of the budget in Appropriations next week.
Activity on Legislation
HB 725, Young Offenders Rehabilitation Act (Avila, Moffitt, Mobley, Hall). HB 725 seeks to raise the age of juvenile jurisdiction from 16 to 18-years-old for misdemeanors. The bill passed the full House this week with a vote of 77-39!
SB 734, Regulatory Reform Act of 2014 (Wade, Jackson, Brock). SB 734 proposes a number of regulatory changes. Most are unrelated to the work of Disability Rights. However, there are three proposals related to people with disabilities. Section 1.15 proposes a new section of the Administrative Procedure Act that would place the burden of proof in contested cases on the petitioner (language in SB 774 summarized last week). Section 3.5 relates to accessibility requirements for swimming pools, providing that swimming pools shall be required to be accessible only to the extent required by the ADA. Section 3.24 proposes an increase in the penalties for violating state law regarding “handicapped” parking spaces to $300-500. The bill passed second reading in the full Senate and is scheduled for its final vote in the Senate next week.
New Legislation
HB 1153, OAH Electronic Filing (Moffitt, Glazier, Murry, Jordan Sponsors). HB 1153 seeks to authorize the Office of Adminisrative Hearings to allow documents in contested case hearings to be filed electronically, as recommended by the Joint Legislative Administrative Procedure Oversight Committee. It has been referred to the House Committee on Regulatory Reform.
HB 1179, Status Reports Filed by Guardians (Jones, Dollar, Earle Sponsors)/SB 803 (Hise, Barringer, Randleman). HB 1179 seeks to amend the requirements for status reports filed by public and corporate guardians. All status reports would be filed with the clerk with a number of mandatory pieces of information, including a report on the ward's residence, education, employment, rehabilitation or habilitation; and a report of the guardian's efforts to restore competency, among other items. It has been referred to House Health and Human Services and Judiciary C committees.
HB 1181, Partnership for a Healthy North Carolina (Dollar, Burr, Avila, Lambeth). HB 1181 seeks to begin implementation of Medicaid Reform. It would add a chapter to the General Statutes on Medicaid Accountable Care Organizations. The proposal would give broad authority to the Secretary to develop the ACO network, including the authority to apply fpr State Plan Amendments to implement the ACO model. It appropriates $1 mil to make any necessary changes to NCTracks; benchmark setting and individual actuarial validation; and to otherwise implemnt the act. With respect to long term supports and services, it only calls for a report to the Joint Legislative Oversight Committee on Health and Human Services by February 16, 2015, on the findings and recommendations of the Department's strategic planning for long-term services and supports for Medicaid beneficiaries. It has been referred to the House Health and Human Services and Appropriations committees.
SB 842, Governor's Budget (Brown, H., Harrington, Hunt Sponsors). SB 842 provides a greater level of detail on the Governor's proposals. Among other items, it proposes the following:
Activity on Legislation
HB 725, Young Offenders Rehabilitation Act (Avila, Moffitt, Mobley, Hall). HB 725 seeks to raise the age of juvenile jurisdiction from 16 to 18-years-old for misdemeanors. The bill passed the full House this week with a vote of 77-39!
SB 734, Regulatory Reform Act of 2014 (Wade, Jackson, Brock). SB 734 proposes a number of regulatory changes. Most are unrelated to the work of Disability Rights. However, there are three proposals related to people with disabilities. Section 1.15 proposes a new section of the Administrative Procedure Act that would place the burden of proof in contested cases on the petitioner (language in SB 774 summarized last week). Section 3.5 relates to accessibility requirements for swimming pools, providing that swimming pools shall be required to be accessible only to the extent required by the ADA. Section 3.24 proposes an increase in the penalties for violating state law regarding “handicapped” parking spaces to $300-500. The bill passed second reading in the full Senate and is scheduled for its final vote in the Senate next week.
New Legislation
HB 1153, OAH Electronic Filing (Moffitt, Glazier, Murry, Jordan Sponsors). HB 1153 seeks to authorize the Office of Adminisrative Hearings to allow documents in contested case hearings to be filed electronically, as recommended by the Joint Legislative Administrative Procedure Oversight Committee. It has been referred to the House Committee on Regulatory Reform.
HB 1179, Status Reports Filed by Guardians (Jones, Dollar, Earle Sponsors)/SB 803 (Hise, Barringer, Randleman). HB 1179 seeks to amend the requirements for status reports filed by public and corporate guardians. All status reports would be filed with the clerk with a number of mandatory pieces of information, including a report on the ward's residence, education, employment, rehabilitation or habilitation; and a report of the guardian's efforts to restore competency, among other items. It has been referred to House Health and Human Services and Judiciary C committees.
HB 1181, Partnership for a Healthy North Carolina (Dollar, Burr, Avila, Lambeth). HB 1181 seeks to begin implementation of Medicaid Reform. It would add a chapter to the General Statutes on Medicaid Accountable Care Organizations. The proposal would give broad authority to the Secretary to develop the ACO network, including the authority to apply fpr State Plan Amendments to implement the ACO model. It appropriates $1 mil to make any necessary changes to NCTracks; benchmark setting and individual actuarial validation; and to otherwise implemnt the act. With respect to long term supports and services, it only calls for a report to the Joint Legislative Oversight Committee on Health and Human Services by February 16, 2015, on the findings and recommendations of the Department's strategic planning for long-term services and supports for Medicaid beneficiaries. It has been referred to the House Health and Human Services and Appropriations committees.
SB 842, Governor's Budget (Brown, H., Harrington, Hunt Sponsors). SB 842 provides a greater level of detail on the Governor's proposals. Among other items, it proposes the following:
- Transferring Medicaid Appeals out of the Office of Administrative Hearings and back to Health and Human Services;
- Allows DHHS to redirect $250k from the amount given to the Housing Finance Agency to help increase targeted housing placements by establishing and supporting positions to assist in managing outreach, referral, and service linkage oversight activities for the Targeted Housing Program and the Section 811 Project Rental Assistance program;
- Directs DHHS to develop a plan to serve an additional 1,000 Medicaid-eligible adults on the CAP-I/DD waiver with an annual service cap of $20k per year for those slots;
- Directs the net proceeds of the lease or sale of the Dix land to the Mental Health Trust Fund for programs and services for transitioning from institutional settings to community settings; community crisis services, including responses to emergent behavioral health or developmental disability conditions; the use of technology in the provision of consumer services and supports; supported employment services; or repairs, renovations, and capital expenditures.
- Clarifies the Special Care Unit moratorium to allow additional beds in areas where existing nursing home (90%) and Adult Care Home (85%) special care units are near capacity.
- Increased funds to the Mental Health Services and Substance Abuse Services and Treatment block grants allocated to crisis services.
- $2 mil (NR) to the Housing Finance Agency for the purpose of making loans for qualified North Carolina low-income housing development in tier one and tier two areas.
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