FILED SENATE
Mar 26, 2019
GENERAL ASSEMBLY OF NORTH CAROLINA
S.B. 361
SESSION 2019 PRINCIPAL CLERK
S D
SENATE BILL DRS15197-MRa-7
Short Title: Health Care Expansion Act of 2019. (Public)
Sponsors: Senators Krawiec, Bishop, and Hise (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE VARIOUS REFORMS THAT WILL INCREASE ACCESS TO HEALTH
3 CARE IN NORTH CAROLINA.
4 The General Assembly of North Carolina enacts:
5
6 PART I. INCREASE INNOVATIONS WAIVER SLOTS
7 SECTION 1.(a) The Department of Health and Human Services, Division of Health
8 Benefits, shall amend the North Carolina Innovations waiver to increase the number of slots
9 available under the waiver by a maximum of 1,000 slots to be made available on January 1, 2020,
10 and by a maximum of 1,000 slots to be made available on January 1, 2021.
11 SECTION 1.(b) There is appropriated from the General Fund to the Department of
12 Health and Human Services, Division of Health Benefits, the sum of ten million two hundred
13 fifty thousand dollars ($10,250,000) in recurring funds for the 2019-2020 fiscal year and the sum
14 of thirty million seven hundred fifty thousand dollars ($30,750,000) in recurring funds for the
15 2020-2021 fiscal year to be used to fund these additional slots.
16
17 PART II. REPEAL OF NORTH CAROLINA'S CERTIFICATE OF NEED LAWS
18 SECTION 2.(a) G.S. 6-19.1(a) reads as rewritten:
19 "(a) In any civil action, other than an adjudication for the purpose of establishing or fixing
20 a rate, or a disciplinary action by a licensing board, brought by the State or brought by a party
21 who is contesting State action pursuant to G.S. 150B-43 or any other appropriate provisions of
22 law, unless the prevailing party is the State, the court may, in its discretion, allow the prevailing
23 party to recover reasonable attorney's fees, including attorney's fees applicable to the
24 administrative review portion of the case, in contested cases arising under Article 3 of Chapter
25 150B, to be taxed as court costs against the appropriate agency if:
26 (1) The court finds that the agency acted without substantial justification in
27 pressing its claim against the party; and
28 (2) The court finds that there are no special circumstances that would make the
29 award of attorney's fees unjust. The party shall petition for the attorney's fees
30 within 30 days following final disposition of the case. The petition shall be
31 supported by an affidavit setting forth the basis for the request.
32 Nothing in this section shall be deemed to authorize the assessment of attorney's fees for the
33 administrative review portion of the case in contested cases arising under Article 9 of Chapter
34 131E of the General Statutes.
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1 Nothing in this section grants permission to bring an action against an agency otherwise
2 immune from suit or gives a right to bring an action to a party who otherwise lacks standing to
3 bring the action.
4 Any attorney's fees assessed against an agency under this section shall be charged against the
5 operating expenses of the agency and shall not be reimbursed from any other source."
6 SECTION 2.(b) G.S. 58-50-61(a) reads as rewritten:
7 "(a) Definitions. – As used in this section, in G.S. 58-50-62, and in Part 4 of this Article,
8 the term:
9 …
10 (8) "Health care provider" means any person who is licensed, registered, or
11 certified under Chapter 90 of the General Statutes or the laws of another state
12 to provide health care services in the ordinary care of business or practice or
13 a profession or in an approved education or training program; a health care
14 facility as defined in G.S. 131E-176(9b) this section or the laws of another
15 state to operate as a health care facility; or a pharmacy.
16 …
17 (9a) "Health service facility" means a hospital; long-term care hospital; psychiatric
18 facility; rehabilitation facility; nursing home facility; adult care home; kidney
19 disease treatment center, including freestanding hemodialysis units;
20 intermediate care facility for individuals with intellectual disabilities; home
21 health agency office; chemical dependency treatment facility; diagnostic
22 center; hospice office, hospice inpatient facility, or hospice residential care
23 facility; or ambulatory surgical facility.
24 …."
25 SECTION 2.(c) G.S. 58-55-35(a) reads as rewritten:
26 "(a) Whenever long-term care insurance provides coverage for the facilities, services, or
27 physical or mental conditions listed below, unless otherwise defined in the policy and certificate,
28 and approved by the Commissioner, such facilities, services, or conditions are defined as follows:
29 …
30 (10) "Hospice" shall be defined in accordance with the terms of G.S.
31 131E-176(13a).means any coordinated program of home care with provision
32 for inpatient care for terminally ill patients and their families. This care is
33 provided by a medically directed interdisciplinary team directly or through an
34 agreement under the direction of an identifiable hospice administration. A
35 hospice program of care provides palliative and supportive medical and other
36 health services to meet the physical, psychological, social, spiritual, and
37 special needs of patients and their families, which are experienced during the
38 final stages of terminal illness and during dying and bereavement.
39 (11) "Intermediate care facility for the mentally retarded" shall be defined in
40 accordance with the terms of G.S. 131E-176(14a).individuals with intellectual
41 disabilities" means facilities licensed pursuant to Article 2 of Chapter 122C of
42 the General Statutes for the purpose of providing health and habilitative
43 services based on the developmental model and principles of normalization
44 for individuals with intellectual disabilities, autism, cerebral palsy, epilepsy,
45 or related conditions.
46 …."
47 SECTION 2.(d) G.S. 113A-12(3)e. reads as rewritten:
48 "e. A health care facility financed pursuant to Chapter 131A of the
49 General Statutes or receiving a certificate of need under Article 9 of
50 Chapter 131E of the General Statutes."
51 SECTION 2.(e) G.S. 122C-23.1(e) reads as rewritten:
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1 "(e) As used in this section, "residential treatment facility" means a "residential facility"
2 as defined in and licensed under this Chapter, but not subject to Certificate of Need requirements
3 under Article 9 of Chapter 131E of the General Statutes.Chapter."
4 SECTION 2.(f) G.S. 131E-13(a)(1) reads as rewritten:
5 "(1) The corporation shall continue to provide the same or similar clinical hospital
6 services to its patients in medical-surgery, obstetrics, pediatrics, outpatient
7 and emergency treatment, including emergency services for the indigent, that
8 the hospital facility provided prior to the lease, sale, or conveyance. These
9 services may be terminated only as prescribed by Certificate of Need Law
10 prescribed in Article 9 of Chapter 131E of the General Statutes, or, if
11 Certificate of Need Law is inapplicable, by review procedure designed to
12 guarantee public participation pursuant to rules adopted by the Secretary of
13 the Department of Health and Human Services."
14 SECTION 2.(g) G.S. 131E-136(4) reads as rewritten:
15 "(4) "Home health agency" means a home care agency which is certified to receive
16 Medicare and Medicaid reimbursement for providing nursing care, therapy,
17 medical social services, and home health aide services on a part-time,
18 intermittent basis as set out in G.S. 131E-176(12), and is thereby also subject
19 to Article 9 of Chapter 131E.basis."
20 SECTION 2.(h) G.S. 148-19.1 reads as rewritten:
21 "§ 148-19.1. Exemption from licensure and certificate of need.licensure.
22 (a) Inpatient chemical dependency or substance abuse facilities that provide services
23 exclusively to inmates of the Division of Adult Correction of the Department of Public Safety
24 shall be exempt from licensure by the Department of Health and Human Services under Chapter
25 122C of the General Statutes. If an inpatient chemical dependency or substance abuse facility
26 provides services both to inmates of the Division of Adult Correction of the Department of Public
27 Safety and to members of the general public, the portion of the facility that serves inmates shall
28 be exempt from licensure.
29 (b) Any person who contracts to provide inpatient chemical dependency or substance
30 abuse services to inmates of the Division of Adult Correction of the Department of Public Safety
31 may construct and operate a new chemical dependency or substance abuse facility for that
32 purpose without first obtaining a certificate of need from the Department of Health and Human
33 Services pursuant to Article 9 of Chapter 131E of the General Statutes. However, a new facility
34 or addition developed for that purpose without a certificate of need shall not be licensed pursuant
35 to Chapter 122C of the General Statutes and shall not admit anyone other than inmates unless the
36 owner or operator first obtains a certificate of need."
37 SECTION 2.(i) Article 9 of Chapter 131E of the General Statutes,
38 G.S. 130A-45.02(i), 143B-1292, 150B-2(8a)k., and 150B-21.1(6) are repealed.
39 SECTION 2.(j) This section becomes effective January 1, 2020. Subsection (a) of
40 this section applies to contested cases arising on or after January 1, 2020.
41
42 PART III. PSYCHOLOGY INTERJURISDICTIONAL LICENSURE COMPACT
43 SECTION 3.(a) Article 18A of Chapter 90 of the General Statutes, G.S. 90-270.1
44 through G.S. 90-270.22, is recodified as Article 18G of Chapter 90 of the General Statutes,
45 G.S. 90-270.135 through G.S. 90-270.159.
46 SECTION 3.(b) Chapter 90 of the General Statutes is amended by adding a new
47 Article to read:
48 "Article 18H.
49 "Psychology Interjurisdictional Licensure Compact.
50 "§ 90-270.160. Purpose.
51 This Compact is designed to achieve the following purposes and objectives:
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1 (1) Increase public access to professional psychological services by allowing for
2 telepsychological practice across state lines as well as temporary in-person,
3 face-to-face services into a state which the psychologist is not licensed to
4 practice psychology.
5 (2) Enhance the states' ability to protect the public's health and safety, especially
6 client/patient safety.
7 (3) Encourage the cooperation of Compact States in the areas of psychology
8 licensure and regulation.
9 (4) Facilitate the exchange of information between Compact States regarding
10 psychologist licensure, adverse actions, and disciplinary history.
11 (5) Promote compliance with the laws governing psychological practice in each
12 Compact State.
13 (6) Invest all Compact States with the authority to hold licensed psychologists
14 accountable through the mutual recognition of Compact State licenses.
15 "§ 90-270.161. Definitions.
16 (1) Adverse action. – Any action taken by a State Psychology Regulatory
17 Authority which finds a violation of a statute or regulation that is identified
18 by the State Psychology Regulatory Authority as discipline and is a matter of
19 public record.
20 (2) Association of State and Provincial Psychology Boards (ASPPB). – The
21 recognized membership organization composed of State and Provincial
22 Psychology Regulatory Authorities responsible for the licensure and
23 registration of psychologists throughout the United States and Canada.
24 (3) Authority to Practice Interjurisdictional Telepsychology. – A licensed
25 psychologist's authority to practice telepsychology, within the limits
26 authorized under this Compact, in another Compact State.
27 (4) Bylaws. – Those Bylaws established by the Psychology Interjurisdictional
28 Compact Commission pursuant to G.S. 90-270.169 for its governance or for
29 directing and controlling its actions and conduct.
30 (5) Client/patient. – The recipient of psychological services, whether
31 psychological services are delivered in the context of health care, corporate,
32 supervision, and/or consulting services.
33 (6) Commissioner. – The voting representative appointed by each State
34 Psychology Regulatory Authority pursuant to G.S. 90-270.169.
35 (7) Compact State. – A state, the District of Columbia, or United States territory
36 that has enacted this Compact legislation and which has not withdrawn
37 pursuant to G.S. 90-270.172(c) or been terminated pursuant to
38 G.S. 90-270.171(b).
39 (8) Confidentiality. – The principle that data or information is not made available
40 or disclosed to unauthorized persons and/or processes.
41 (9) Coordinated Licensure Information System or Coordinated Database. – An
42 integrated process for collecting, storing, and sharing information on
43 psychologists' licensure and enforcement activities related to psychology
44 licensure laws, which is administered by the recognized membership
45 organization composed of State and Provincial Psychology Regulatory
46 Authorities.
47 (10) Day. – Any part of a day in which psychological work is performed.
48 (11) Distant State. – The Compact State where a psychologist is physically present
49 (not through the use of telecommunications technologies) to provide
50 temporary in-person, face-to-face psychological services.
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1 (12) E.Passport. – A certificate issued by the Association of State and Provincial
2 Psychology Boards (ASPPB) that promotes the standardization in the criteria
3 of interjurisdictional telepsychology practice and facilitates the process for
4 licensed psychologists to provide telepsychological services across state lines.
5 (13) Executive Board. – A group of directors elected or appointed to act on behalf
6 of, and within the powers granted to them by, the Commission.
7 (14) Home State. – A Compact State where a psychologist is licensed to practice
8 psychology. If the psychologist is licensed in more than one Compact State
9 and is practicing under the Authority to Practice Interjurisdictional
10 Telepsychology, the Home State is the Compact State where the psychologist
11 is physically present when the telepsychological services are delivered. If the
12 psychologist is licensed in more than one Compact State and is practicing
13 under the Temporary Authorization to Practice, the Home State is any
14 Compact State where the psychologist is licensed.
15 (15) Identity History Summary. – A summary of information retained by the FBI,
16 or other designee with similar authority, in connection with arrests and, in
17 some instances, federal em