State Budget Summary

SB 105 – 2021 Appropriations Act was signed into law by Governor Cooper on November 19, 2021. Highlights from the budget are included below, and additional information can also be found in the budget conference report released earlier last week.

In addition to the specific provisions summarized below, it is also important to note many of the changes NCMS opposed earlier this session, such as the SAVE Act and erosion of existing tort reform measures, were not included. The budget’s revisions to the Emergency Management Act also ensure the COVID-19 immunity provisions included in the COVID-19 Recovery Act remain in place.

 

State Budget Summary

 

Highlights of policy-related provisions include:

Joint Legislative Committee on Access to Healthcare and Medicaid Expansion

  • Creates a joint legislative committee tasked with considering ways access to health care and health insurance can be improved for North Carolinians.

Continue Medicaid Coverage for Pregnant Women for Twelve Months Postpartum

  • Allows pregnant women to remain eligible for coverage for 12 months postpartum effective April 1, 2022. This change will expire March 31, 2027.

Medicaid Reimbursement Contract for Residential Schools

  • Requires the Department of Public Instruction to enter into a contract with a third-party entity for any administrative services necessary to receive maximum reimbursement for medically necessary health care services for which payment is available under the NC Medicaid Program provided to eligible students attending the Governor Morehead School for the Blind, the Eastern North Carolina School for the Deaf, and the North Carolina School for the Deaf.

The North Carolina Collaboratory

  • Establishes the North Carolina Collaboratory to facilitate the dissemination of the policy and research expertise of The University of North Carolina and other higher education institutions within the State for practical use by the State and local governments.
  • Specifies the Collaboratory’s duties and powers.
  • Requires the Collaboratory to develop and deploy technologies to mitigate exposure to PFAS, including GenX, and health impacts from such exposure.

Virtual Behavioral Health Services Grant Program

  • Requires the Office of Rural Health to use certain funds to award competitive grants to hospitals to fund expanded telepsychiatry capabilities to respond to the COVID-19 public health emergency by allowing patients begin served in primary care settings to access hospital-based virtual psychiatric assessments and consultations.

Creation of the HCBS Fund

  • Establishes the HCBS Fund as a nonreverting special fund in the Division of Health Benefits consisting of the savings realized by DHB as a result of federal receipts arising from the enhanced federal medical assistance percentage for home and community-based services available to the State under the American Rescue Plan Act of 2021.

Waive Medicaid Provider Enrollment and Revalidation Fees

  • States that providers revalidating enrollment or enrolling in the NC Medicaid program or the NC Health Choice program shall not be charged the $100 fee above the federally required fee for the enrollment or revalidation.

Expand North Carolina Innovations Waiver Slots

  • Requires the Division of Health Benefits to amend the NC Innovations waiver to increase the number of slots by 1,000.

Modification of CON Exemption for Legacy Medical Care Facilities

  • Modifies the CON exemption for Legacy Medical Care Facilities by allowing a person seeking to operate a Legacy Medical Care Facility to request an additional extension of time by which the facility must be operational in order to be exempt from CON review and provides the procedure for making that request.

Temporary CON Exemption

  • Provides a temporary CON exemption a new general acute hospital in counties that meet certain specified criteria.

Adult Care Home Infection Prevention Requirements

  • Revises the requirements for adult care homes’ written infection prevention and control policy including certain specified standard and transmission-based precautions, reporting requirements, and strategies for addressing potential staffing issues.

Use of Opioid Settlement Funds

  • Establishes the Opioid Abatement Reserve in the General Fund to maintain funds received by the State as a beneficiary of the final consent judgment resolving the lawsuit against McKinsey and Company, Inc. and specifies how the funds shall be used to respond to the negative impacts of the opioid epidemic.

Emergency Management

  • Revises the Emergency Management Act to require a vote by the Council of State to extend a statewide emergency beyond 30 days by the Governor effective January 1, 2023.

 

Highlights of budget-related provisions organized by category include:

Aging and Adult Services

  • Provides $15M in NR funds from the State Fiscal Recovery Fund for rapid rehousing services, activities to increase local capacity for services to prevent homelessness, and home improvements and home repairs for vulnerable seniors ages 60 and older.
  • Provides $3,585,000 in NR funds from the State Fiscal Recovery Fund for nutrition services for older adults in response to the COVID-19 pandemic.
  • Provides $125K in NR funds from the State Fiscal Recovery Fund for Hospice of Davidson County, North Carolina, Inc.
  • Provides $9.36M in recurring funds for the Home and Community Care Block Grant, which provides in-home and community-based services for older adults and their unpaid primary caregivers.
  • Provides $300K to Memory & Movement Charlotte to support individuals with Alzheimer’s Parkinson’s, and other forms of memory and movement disorder.
  • Provides $4M in recurring funds to increase support for the Key Rental Assistance Program to provide rental subsidies for eligible low-income, disabled individuals.

Central Management and Support

  • Provides $7.5M in NR funds for mobile units to support service delivery for the Camino Community Development Corporation, Inc., a nonprofit in Mecklenburg County that serves low-income families through primary care, behavioral health, and wellness services.
  • Provides $500K in NR funds for the city of Winston-Salem to create a hospital-based violence intervention program in response to the COVID-19 pandemic.
  • Provides $375,232 in NR funds for the Duke University Hospital-Based Violence Intervention Program in response to the COVID-19 pandemic.
  • Provides $250K in NR funds from the state fiscal recovery fund for Trellis Supportive Care, a nonprofit with offices in Davie, Forsyth, Stokes, and Rowan counties, to provide hospice and palliative care period.
  • Provides $15M in NR funds for a directed grant to the North Carolina Association of Free and Charitable Clinics to respond to the public health emergency by supporting member clinics.
  • Provides $10M in NR funds to the Office of Rural Health to establish a competitive grant program to support virtual behavioral health services.
  • Provides $1M in NR funds to Atrium Health, Inc., to respond to the public health emergency by providing school-based virtual health services to classrooms in Anson County and Winston-Salem/Forsyth County school districts.
  • Provides $1.5M in NR funds to the NC Statewide Telepsychiatry Program to respond to the public health emergency by providing virtual psychiatric assessments and consultations to patients using telemedicine technologies.
  • Provides $4,909,144 in NR funds for FY 2021-22 by budgeting receipts made available through the American Rescue Plan Act of 2021 for the federal Small Rural Hospital Improvement Program to support small rural hospitals in NC with COVID-19 testing and mitigation.
  • Provides $1.2M in NR funds for NC MedAssist for additional prescription assistance services for indigent and uninsured persons.
  • Provides $4M in NR funds for loan repayment incentives to recruit doctors, physician assistants, dentists, nurse practitioners, and certified nurse midwives to rural areas.
  • Provides $125K in NR funds to Ashe Memorial Hospital.
  • Provides $150K in NR funds to Cabarrus Public Health Interest.
  • Provides $250K in NR funds to Cumberland HealthNET, a collaborative network of community organizations with a primary focus of improving the health outcomes for the uninsured by linking them with a medical home and other needed health and community services.
  • Provides $250K in NR funds to the Free Clinic of Rockingham County, Inc.
  • Provides $300K to Davidson Medical Ministries, Inc., to support continued operations and facilitate healthcare services to those who are uninsured and/or unable to pay for medical services.
  • Provides $5M in NR funds to Atrium Health to support the development of a FQHC or FQHC look-alike in Cleveland County.
  • Provides $5M in NR funds to Healthreach Community Clinic, a free clinic that provides health services in Iredell County.
  • Provides $500K in NR funds to the Stedman-Wade Health Services Inc., a community health center in Cumberland County.
  • Provides $300K in NR funds to Surry Medical Ministries Foundation, Inc., in Mount Airy to support continued operations and facilitate healthcare services to those who are uninsured and/or unable to pay for medical services.
  • Provides $750K in NR funds to develop and implement a two-year pilot program in Cumberland County to provide health care and job training services to veterans.
  • Provides $1.5M in NR funds to the NCMS for the Foundation for Children with Neuroimmune Disorders to create a continuing medical education program for NC physicians for Pediatric Acute-onset Neuropsychiatric Syndrome and Pediatric Autoimmune Neuropsychiatric Disorders Associated with Streptococcal Infections.
  • Provides $300K in NR funds to the North Carolina Healthcare Quality Alliance, Inc., a nonprofit that promotes and facilitates the improvement of health care delivery across the State.

Child Development and Early Education

  • Provides $1,208,000 in NR funds to Ready for School, Ready for Life, a nonprofit in Guilford County that provides children and their families with resources for healthy development.
  • Provides $500K in NR funds to Child Development Center, Inc., a nonprofit in New Hanover County that provides services to preschool age children with special needs.
  • Provides $500K in NR funds to Reach Out and Read, a nonprofit that works with pediatricians to provide books to children.

Health Benefits

  • Provides funding for an additional 1,000 individuals with intellectual and developmental disabilities to access services through the State’s Medicaid Innovations waiver. The State share of costs, $3.9M in FY 2021-22 and $25.9M in FY 2022-23, will be paid from the HCBS Fund.
  • Provides funding for at least 114 additional slots in the Community Alternatives Program for Disabled Adults Medicaid waiver. The State share of funding, $500K in FY 2021-22 and $1M in FY 2022-23 will be transferred from the HCBS Fund.
  • Provides funding to add more slots to the following Medicaid waiver programs as determined by DHBL Innovations, Community Alternatives Programs, and Traumatic Brain Injury.
  • Provides funding to increase the Medicaid reimbursement rates to HCBS providers for the purpose of increase direct care worker wages.
  • Increases the Medicaid reimbursement rate for private duty nursing services to $11.25 per 15 minutes.
  • Provides funding for approximately 1,900 new Medicaid recipients eligible due to State-County Special Assistance In-Home program changes.
  • Increases funding for the Transitions to Community Living Initiative, which supports eligible Medicaid beneficiaries with mental illness in transitioning from institutions to community settings.
  • Provides funding for a wage increase for direct care workers employed by intermediate care facilities for individuals with intellectual disabilities.
  • Increases Medicaid beneficiary copayments to $4, effective July 1, 2022.
  • Provides funds for the run out of Medicaid and NC Health Choice fee-for-service claims associated with beneficiaries enrolled in managed care.
  • Provides funding for projected changes in Medicaid enrollment, enrollment mix, utilization, prices, and federal match rate, as well as the transition to managed care on July 1, 2021.
  • Provides funds to support the transition to Medicaid managed care and the Healthy Opportunities pilot program.
  • Provides funds to extend Medicaid benefits for the pregnant women eligibility category from 60 days postpartum to 12 months postpartum, effective April 1, 2022 through March 21, 2027.
  • Provides funds to allow the parents of children temporarily placed into the child welfare system to retain Medicaid eligibility if the parent is making reasonable efforts to comply with the court-reunification plan.
  • Budgets additional requirements and receipts to support the authorization for charter schools to certify public expenditures.

Health Service Regulation

  • Provides $3M in NR funds for an adult care home accreditation pilot program to be administered by the Cecil G. Sheps Center for Health Service Research.
  • Provides $420K in NR funds to New Hanover Regional Medical Center for the Community Paramedicine Program, which brings some medical services directly to the patient in their home, avoiding duplicate services and unnecessary trips to the hospital.

Mental Health/Developmental Disabilities/Substance Abuse Services

  • Provides $12.6M in NR funds for FY 2021-22 from the State Fiscal Recovery Fund to LME/MCOs for temporary funding assistance for intermediate care facilities for individuals with intellectual disabilities services on a per diem basis.
  • Provides $25M in NR funds for FY 2021-22 from the State Fiscal Recovery Fund for Forsyth and Mecklenburg Counties for crisis behavioral health joint partnerships with local hospital systems, local behavioral health crisis centers, local emergency services providers, and LME/MCOS.
  • Provides $25M in NR funds for FY 2021-22 from the State Fiscal Recovery Fund to replace the Incident Response Improvement System.
  • Provides $500K in NR funds for FY 2021-22 from the State Fiscal Recovery Fund for Brynn Marr Hospital, Inc.
  • Provides $3.2M in recurring funds to provide additional funding for TBI services.
  • Provides $1.2M in NR funds to continue specified adult and pediatric TBI pilot programs.
  • Provides $200K in NR funds to Mt. Olive Family Medicine Center, Inc., to support its Concussion Clinic and provide concussion education, baseline testing, and post-concussion assessment and care to schools and adolescent athletes in eastern North Carolina.
  • Provides $3M in NR funds for a behavioral health urgent care pilot program at Dix Crisis Intervention Center in Onslow County.
  • Provides $50M to support technology upgrades and electronic health record system development at State-operated healthcare facilities to enhance services and patient safety.
  • Provides $20M in recurring funds to incentivize the development of Medicaid services to support the needs of recipients living in community-based group homes, to establish new rate models and methodologies, to increase the payments to LME/MCOs to facilitate the transition to a more appropriate and sustainable service funding model, and to continue the existing funding and rate structure to offset loss of bridge funding.
  • Provides $500K in NR funds for Partners Health Management to address the needs of individuals in Surry County struggling with addiction.
  • Provides $10M in NR funds to Hope Alive, Inc., a nonprofit in Robeson County, for substance use disorder treatment and recovery services.
  • Provides $200K in NR funds to Aces for Autism, a nonprofit in Pitt County, to serve individuals with autism spectrum disorder.
  • Provides $50K in NR funds to Anchor Holds, Inc., a nonprofit in Nash County, to provide services to individuals with substance use disorder.
  • Provides $500K in NR funds to Wilkes Recovery Revolution, Inc., to address the needs of individuals struggling with addiction.
  • Provides $100K in NR funds to Fellowship Hall, Inc., a nonprofit drug and alcohol recovery center in Greensboro.
  • Provides $100K in NR funds to Reality Ministries, Inc., a nonprofit in Durham, that serves individuals with developmental disabilities.
  • Provides $112,437 in NR funds to Ground 40 Ministries, a nonprofit in Union County that provides substance abuse treatment services.
  • Provides $200K in NR funds to Dew4Him Ministries, Inc., a nonprofit in Wake County that provides substance abuse treatment and services to women.
  • Provides $21.4K in NR funds to Living Free Ministries, Inc., a nonprofit in Alamance County that provides substance abuse treatment and recovery services.
  • Provides $250K in NR funds to The Enrichment Center, a nonprofit in Winston-Salem that provides services for adults with intellectual and developmental disabilities.
  • Provides funding from the Dorothea Dix Hospital Property Funds to Johnston Health Enterprises, Inc., Good Hope Hospital, and Harnett Health System, Inc., to construct mental health treatment beds.

Public Health

  • Provides funds for health departments to expand communicable disease surveillance, detection, control and prevention activities to address COVID-19 and other communicable disease-related challenges impacted by the pandemic.
  • Provides $150M in NR funds from the State Fiscal Recovery Fund to support lead and asbestos remediation in public schools and child care facilities.
  • Provides $1.2M in NR funds and $1.2M in recurring funds to the Communicable Disease Branch for communicable disease prevention efforts including support for lab testing, connecting patients who test positive for a communicable disease to appropriate health care provider treatment options, and other efforts to prevent Hepatitis C, HIV, and other communicable diseases.
  • Provides $200K in NR funds to Cabarrus Women’s Center for services and to purchase ultrasound equipment.
  • Provides $50K in NR funds for the Pregnancy Resources Center or Cleveland County.
  • Provides $6.4M in NR funds to the Human Coalition for a statewide expansion of the Continuum of Care Pilot Project which provides care coordination and medical support to women experiencing crisis pregnancies.
  • Provides $3M to Nurse-Family Partnership to provide support for first-time parents.
  • Provides $62,340,758 in federal receipts from the COVID-19 Cooperative Agreement for Emergency Response/Public Health Crisis Response to establish, expand, train, and sustain a State and local public health workforce.
  • Budgets $20,230,000 in federal receipts from the American Rescue Plan Act of 2021 to provide resources for confinement facilities to address COVID-19.
  • Budgets $1,439,232 in federal receipts from the American Rescue Plan Act of 2021 to provide resources to support COVID-19 testing and mitigation in homeless service sites, encampments, and other congregate settings.
  • Budgets $14,144,928 in federal receipts from the American Rescue Plan Act of 2021 to provide resources to support the Nursing Home and Long-term Care Facility Strike Team and Infrastructure Project.
  • Budgets $27,361,745 in federal receipts to support Disease Intervention Specialists, training and retention, and technological advances to address COVID-19 and other infectious diseases.
  • Budgets $102,468,748 in federal receipts from the American Rescue Plan COVID-19 Vaccination Supplement to support statewide vaccination efforts.
  • Budgets $142,473 from the federal Epidemiology and Laboratory Capacity for Infectious Diseases Cooperative Agreement to support public health laboratory preparedness.
  • Provides $21M from the North Carolina settlement with Juul Labs, Inc., to the Division of Public Health for tobacco and nicotine dependence prevention and cessation activities targeted at youth and young adults.

Social Services

  • Provides $300K in NR funds to implement a child welfare and behavioral health pilot project to provide easier access to comprehensive health and trauma-related services for children in foster care.
  • Provides $50K in NR funds to the Greater High Point Food Alliance.
  • Provides $250K in NR funds to A Touch of the Father’s Love, Inc., a nonprofit ministry and food pantry in Nash County.
  • Provides $10K in NR funds to The Pastor’s Pantry, a nonprofit in Davidson County that provides monthly groceries for low-income seniors and supplies emergency food for low-income individuals and families.
  • Provides $10K in NR funds to the West Davidson Food Pantry.
  • Budgets $17,105,002 in NR funds from the supplemental Low Income Household Water Assistance Program funding provided by the American Rescue Plan Act.

Vocational Rehabilitation Services

  • Provides $300K in NR funds to the National Multiple Sclerosis Society to provide home modification services and home modification assistance grants to help NC residents with MS to remain in their homes.
  • Provides $800K in NR funds to purchase equipment in order to maintain a statewide inventory of up-to-date assistive technology equipment to be used for assessments, training, and short-term equipment loans.

Capital

  • Provides $75.25M in NR funds for the construction of a new Brody School of Medicine.
  • Provides $46.75M in NR funds for the renovation of Carrington Hall Nursing School.
  • Provides $11.37M in NR funds for the construction of a health science center at UNCP.
  • Provides $4M to Fayetteville Technical Community College to renovate and convert an existing facility into a nursing school.
  • Provides $350K in NR funds to the Alleghany Memorial Hospital Foundation for capital improvements at Alleghany Memorial Hospital.
  • Provides $15M in NR funds to Cape Fear Valley Health System to address rural health disparities through development of the Medical Education & Research Center.
  • Provides $1,129,519 in NR funds to Good Hope Hospital in Harnett County for the construction of mental health treatment beds.
  • Provides $10M in NR funds to Granville Health Center for capital improvements.
  • Provides $6,579,519 in NR funds to Harnett Health System, Inc. for the construction of mental health treatment beds at Betsy Johnson Hospital.
  • Provides $3M in NR funds to Holly Hill hospital for capital improvements.
  • Provides $10M in NR funds to Stokes County for capital improvements to the hospital.
  • Provides $4M in NR funds to the American Healthcare Systems Foundation, Inc. for the construction of mental health treatment beds.
  • Provides $300K in NR funds to UNC Rockingham Healthcare for capital improvements.
  • Provides $3M in NR funds to WakeBrook UNC Healthcare for capital improvements.
  • Provides $3.23M in NR funds to Burke County for the construction of a new substance abuse treatment facility.
  • Provides $30M in NR funds to Cabarrus County for a new regional behavioral health crisis service center.
  • Provides $1M in NR funds to Gateway of Hope Addiction Recovery Center for a new treatment facility.
  • Provides $10.5M in NR funds to Mountain Area Health Education Center for the construction of a new parking deck.
  • Provides $21.6M to Wake Forest Baptist Health for a new regional autopsy center.

Community College System

  • Allocates $15M in NR funds to improve broadband access for 25 rural community colleges.
  • Provides $500K in NR funds for a pilot program to expand career opportunities for students with intellectual and developmental disabilities.

Public Instruction

  • Provides $25M to establish the Children with Disabilities Reserve for the FY 2021-22 school year.
  • Reflects the transfer of 362 school psychologist positions from the Instructional Support Allotment and provides funding sufficient to hire an additional 115 school psychologist positions.
  • Provides $13,175,727 in recurring funds to support an increase in the funding cap for the Children with Disabilities Allotment.
  • Provides $2,824,616 in recurring funds for FY 2021-22 and FY 2022-23 and $175,384 in NR funds for FY 2021-22 for the new Transportation Reserve Fund for Homeless and Foster Children.
  • Provides $250K in NR funds for FY 2021-22 to fund grants to schools for feminine hygiene products for students.

University of North Carolina

  • Provides $6M in recurring funds to the Wake Forest Institute for Regenerative Medicine.
  • Allocates $30M in NR funds to the North Carolina Policy Collaboratory to award research grants to monitor, assess, and address the public health and economic impacts of the COVID-19 pandemic.
  • Allocates $20M in NR funds to the Collaboratory for a water and sewer project that establishes the Innovative Highly Treated Wastewater Pilot Program.
  • Allocated $18M in NR funds to the Vice Chancellor for Research at UNC Chapel Hill for the Rapidly Emerging Antiviral Drug Development Initiative to advance development of therapeutics for the COVID-19 pandemic.
  • Provides $9.2M in recurring funds for the UNC School of Medicine’s Asheville Campus.
  • Allocates $1.5M in NR funds from DHHS for an adult care home accreditation pilot program to be administered by the Cecil G. Sheps Center for Health Services Research.
  • Provides $9.6M in recurring funds to SR AHEC to support additional residencies in the SR AHEC service areas.
  • Provides $5.9M in recurring funds to support the residency program at the Brody School of Medicine at ECU.
  • Provides $500K in NR funds to Appalachian State University for the Rural Medical Resource Initiative.
  • Allocated $500K in NR funds to the University of North Carolina at Pembroke for the operation of mobile medical units in rural and at-risk communities to respond to the impacts of the COVID-19 pandemic.

Agriculture, Natural, and Economic Resources

  • Provides $40M in NR funds to be distributed equally to the six food banks in the State to meet the increased demand caused by the COVID-19 pandemic.
  • Provides $10M in NR funds to Golden L.E.A.F. to grant funds to assist nonprofit organizations in becoming partner agencies with food banks and serving food security needs in their communities.
  • Provides $5M in NR funds to Reinvestment Partners for its Produce Prescription Program.
  • Provides $2M in NR funds to the Division of Workforce Solutions for a program that helps individuals battling substance abuse enter and stay in the workforce.
  • Provides $487,275 in recurring funds to establish an Emerging Compounds Unit within the Division of Water Resources.
  • Provides $400K in NR funds for the Waste Detection Elimination Program to identify and remediate groundwater contamination caused by straight pipes and failing septic systems.

Justice and Public Safety

  • Provides $4M in recurring funds to support competitive grants to sheriffs’ offices to assist in expanding, maintaining, or establishing medication-assisted treatment of non-opioid, long-acting, injectable medication regimes as treatment for alcohol and/or opioid dependence as part of reentry programming in county jails.
  • Provides $500K in NR funds to the Alamance County Sherriff’s Office to support the Stepping Up Initiative in developing a diversion center where nonviolent suspects with mental illness can receive necessary services.
  • Provides $750K in NR funds to continue the implementation of a pilot project to establish a Quick Response Team to address the needs of opiate and heroin overdose victims.
  • Budgets $8M of receipts from the Substance Abuse Prevention and Treatment Block Grant to expand the MAT Community Supervision pilot program to at least 5 tier one or tier two counties with the highest need.

General Government

  • Provides $11.7M in NR funds for the North Carolina Pandemic Recovery Office to continue operations through the end of FY 2022-23.
  • Provides $400K in NR funds for outreach, training, and other suicide prevention activities to veterans and active duty military personnel.
  • Provides $29,995,000 in NR funds to match a potential federal grant to construct a new nursing facility in Wake County.
  • Budgets patient receipts to provide funds for the opening of a new veterans nursing facility in Kernersville, NC.

Information Technology

  • Provides federal broadband funds for competitive grants to providers to expand broadband availability in rural areas.
  • Provides funds from the Coronavirus Capital Projects Fund for competitive grants to expand broadband availability in rural areas.
  • Provides federal broadband funds to issue targeted grants addressing local infrastructure needs and connective unserved and underserved households.
  • Provides funds for an awareness and digital literacy campaign.
  • Provides funds for the preparation of statewide broadband maps.
  • Provides $8.5M for the hardware and infrastructure costs associated with the growth of the HealthConnex system.

Senate Budget Summary

The Senate introduced its $25.7 billion budget proposal on June 21, 2021. A summary of key provisions from the proposal follows below, and the complete Bill Text and Committee Report are also available if more detail is desired.

Highlights from provisions related to Health and Human Services include:

AGING AND ADULT SERVICES

Rapid Rehousing for Individuals and Families at Risk of Homelessness

Appropriates $15M in nonrecurring funds for the 2021-2022 fiscal year to be allocated for rapid rehousing services to assist individuals and families at risk of homelessness due to COVID-19.

Key Rental Assistance Program

Provides $2M in fiscal year 2021-2022 and fiscal year 2022-2023 to increase funding of the Key Rental Assistance Program to provide rental subsidies for eligible low-income, disabled individuals.

CENTRAL MANAGEMENT

NC Association of Free & Charitable Clinics

Provides $8.5M in nonrecurring funds for fiscal year 2021-2022 to respond to the public health emergency by supporting member clinics.

Community Health Grant Program

Appropriates funds to the Office of Rural Health for each year of the 2021-2023 fiscal biennium to administer the Community Health Grant Program.

Atrium Health Virtual Behavioral Health Services

Provides $1.5M in nonrecurring funds for the 2021-2022 fiscal year to respond to the public health emergency by extending primary care provider access to the virtual behavioral health integration network.

Veterans Health Care Pilot Program

Appropriates $400K in nonrecurring funds for the 2021-2022 fiscal year and $350K in nonrecurring funds for the 2022-2023 fiscal year to be used to support the development and implementation of a two-year pilot program to provide health care services to veterans.

Funds for the Statewide Telepsychiatry Program

Appropriates $1.5M in nonrecurring funds to the Office of Rural Health for the 2021-2022 fiscal year to be allocated as a grant to the ECU Center for Telepsychiatry and e-Behavioral Health for the statewide telepsychiatry program known as NC-SteP to be used to respond to COVID-19 by providing virtual psychiatric assessments and consultations to patients utilizing telepsychiatry.

Competitive Grant/Nonprofit Organizations

Allocates $1,625,000 for each year of the 2021-2023 fiscal biennium and $1,600,000 in Substance Abuse Prevention and Treatment Block Grant funds in each year of the 2021-2023 fiscal biennium to Triangle Residential Options for Substance Abusers, Inc. for the purpose of assisting individuals with substance abuse addiction.

Cumberland HealthNET

Provides $250K in nonrecurring funds for the 2021-2022 fiscal year to support Cumberland HealthNET, a collaborative network of community organizations with a primary focus of improving the health outcomes for the uninsured by linking them with a medical home and other needed health and community services.

Rural Health Loan Assistance Repayment Program

Provides $1.5M in nonrecurring funds for the 2021-2022 fiscal year and the 2022-2023 fiscal year to provide funding for loan repayment incentives to recruit doctors, physician assistants, dentists, nurse practitioners, and certified nurse midwives to rural areas.

HEALTH BENEFITS

Volume Purchase Plans and Single Source Procurement

Permits the Division of Health Benefits to contract for services, medical equipment, supplies, and appliances by implementation of volume purchase plans, single source procurement, or other contracting processes in order to improve cost containment.

Waive Medicaid Provider Enrollment and Revalidation Fees

States that providers revalidating enrollment or enrolling in the NC Medicaid program or the NC health Choice program shall not be charged the fee of one hundred dollars above the federally required fee for the enrollment or revalidation.

Copayments for Medicaid Services

Increases the copayments for Medicaid services to $4.00.

Expand Community Alternatives Program for Disabled Adults Waiver Slots

Requires $650,000 in recurring funds for the 2021-2022 fiscal year and $1M in recurring funds for the 2022-2023 fiscal year of the funds appropriated to the Division of Health Benefits to be used to increase the number of Community Alternatives Program for Disabled Adults waiver slots.

Expand North Carolina Innovations Waiver Slots

Requires $7,110,600 in recurring funds for the 2021-2022 fiscal year and $25,880,000 in recurring funds for the 2022-2023 fiscal year of the funds appropriated to the Division of Health Benefits to be used to increase the number of NC Innovations Waiver slots by 1,000.

Continue Medicaid Coverage for Pregnant Women

Permits pregnant women to remain eligible for Medicaid coverage for 12 months postpartum.

Allow a Parent to Retain Medicaid Eligibility

Permits parents to retain Medicaid eligibility while their child is temporarily serviced by the foster care system if certain specified conditions are met.

Increase Rates to ICFS for Direct Care Worker Wage Increases

Requires $17.5M in recurring funds for the 2022-2023 fiscal year of the funds appropriated to the Division of Health Benefits to be used to provide a rate increase to intermediate care facilities for individuals with intellectual disabilities effective July 1, 2022, and upon approval by CMS. Any provider receiving a rate increase under this section must use at least 80% of the funding that results from the rate increase to increase the rate of pay paid to its direct care employees.

Use of Medicaid Transformation Fund for Medicaid Transformation Needs

Allows funds from the Medicaid Transformation Fund to be transferred to DHB for the 2021-2023 fiscal biennium as needed to pay claims related to services billed under the fee-for-service payment model for recipients who are being transitioned to managed care.

Permits the transfer of $133,078,000 in nonrecurring funds for the 2021-2022 fiscal year and $119,004,000 in nonrecurring funds for the 2022-2023 fiscal year from the Medicaid Transformation Fund to DHB to provide the State share for certain specified qualifying needs directly related to Medicaid Transformation.

Choice in Accreditation for LME/MCOs Operating BH IDD Tailored Plans

Prohibits DHHS from requiring any LME/MCO awarded a BH IDD tailored plan contract to be accredited by any one specific accreditation organization and requires DHB to create a process for approval of the accreditation organization selected by the LME/MCO.

Evaluate DHB Needs in Managed Care Environment

Requires DHHS to conduct an evaluation of current staffing and administrative needs and functions for the Medicaid and NC Health Choice programs and how those staffing needs and administrative functions will change was the programs transition to a managed care service delivery environment.

Reimburse DME Prescribed by Podiatrists

Requires certain specified Medicaid clinical coverage policies to provide coverage for orthotic devices, prosthetic devices, and other durable medical equipment when there is a documented medical necessity for the equipment and the equipment is prescribed by a beneficiary’s treating podiatrist acting within that podiatrist’s scope of practice.

HEALTH SERVICE REGULATION

Modification of CON Laws

Modifies the definition of “diagnostic center”, “major medical equipment”, and “new institutional health services” by increasing the cost threshold amounts applicable to each term. Note this language mirrors SB 462 – CON/Threshold Amendments & Certificate Expirations previously summarized here.

Provides that a certificate of need issued for the construction of a health service facility issued on or after October 1, 2021, expires if the certificate’s holder fails to execute or commit to a contract for design services for the project authorized by the certificate within certain specified time frames. Note this language mirrors SB 462 – CON/Threshold Amendments & Certificate Expirations previously summarized here.

Impact of Prior Violations on Adult Care Home Licensure

Prohibits the issuance of a new license for any adult care home to an applicant responsible for the operation of a facility that had its license downgraded to provision status or had its admissions suspended as a result of violations until the earlier of the following: (1) 6 months from the date of restoration from provisional to full licensure, termination of the provisional license, or lifting or termination of the suspension of admissions, as applicable, or (2) until the home has substantially complied with the correction plan established by DHHS and substantial compliance has been certified by the Department.

Access to Patient Data Under the Medical Care Data Act

Requires the State to make available to any person or organization under contract with DHHS to provide medical care quality improvement services the same reports of compiled patient data prepared for release or dissemination by a statewide data processor to DHHS and prohibits any person/organization that receives patient data from using it for any purpose other than to fulfill its performance under the contract with DHHS.

MENTAL HEALTH/DEVELOPMENTAL DISABILITIES/SUBSTANCE ABUSE SERVICES

Use of Opioid Settlement Funds

Establishes the Opioid Abatement Fund and requires that all funds received by the State as a beneficiary of the final consent judgment resolving the case, State of North Carolina, ex rel. Joshua Stein, Plaintiff v. McKinsey and Company, Inc., to be deposited into the fund.

Requires that all moneys in the fund be used to (1) cover the costs incurred by the State in investigating and pursuing the claims in this case and (2) remediate the harms caused to the State and its citizens by the opioid epidemic.

Contract to Implement Electronic Health Records at State Psychiatric Hospitals

Directs DHHS, in coordination with the Department of Information Technology, to execute a contract providing for the implementation of a standard, uniform platform for electronic health records that most closely resembles the platform utilized by The University of North Carolina System within each of the State psychiatric hospitals under DHHS’ jurisdiction.

Local Inpatient Psychiatric Beds or Bed Days

Requires funds appropriated to the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to continue to be sued for the purchase of local inpatient psychiatric beds, provides requirements related to the distribution and management of beds or bed days, and permits DHHS to contract with another LME/MCO to manage the beds or bed days if DHHS determines that LME/MCO is not effectively managing the beds or bed days or has failed to comply with prompt payment provisions.

Funds for Overdose Medications

Appropriates $100K in recurring funds for each fiscal year of the 2021-2023 fiscal biennium to the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to be used to purchase opioid antagonists to be distributed to the NC Harm Reduction Coalition and to NC law enforcement agencies.

Youth Tobacco Enforcement Funding

Requires $300K in recurring funds for each year of the 2021-2023 fiscal biennium to be transferred to the Alcohol Law Enforcement Division of the Department of Public Safety to fund statewide compliance checks to enforce the State’s youth tobacco access law.

Resume Funding for the Adult and Pediatric Traumatic Brain Injury Pilot Program

Requires DHHS to resume its adult and pediatric traumatic brain injury pilot program, appropriates $600K in nonrecurring funds for the 2021-2022 fiscal year to be used to pay currently unfunded costs associated with the pilot program, and appropriates $300K in nonrecurring funds for the 2021-2022 fiscal year and $300K in nonrecurring funds for the 2022-2023 fiscal year to be used for the pilot program.

Funds for Student Athlete Concussion and Traumatic Brain Injury Prevention and Care

Provides $100K in nonrecurring funds for the 2021-2022 fiscal year and $100K in nonrecurring funds for the 2022-2023 fiscal year to be allocated to Mount Olive Family Medicine Center, Inc., to be used to support its Concussion Clinic and provide concussion education, baseline testing, and postconcussion assessment and care to schools and adolescent athletes in eastern NC.

Use of Dorothea Dix Hospital Property Funds for New Licensed Inpatient Behavioral Health Beds

Appropriates $4,261,444 in nonrecurring funds for the 2021-2022 fiscal year to be used to pay for any renovation or building costs associated with (1) the construction of new licensed inpatient behavioral health beds, (2) the conversion of existing inpatient acute care beds into licensed inpatient behavioral health beds, or (3) a combination of the following options:

  1. $2,550,000 in nonrecurring funds to be used to pay for the construction of new licensed inpatient behavioral health beds at Good Hope Hospital in Harnett County.
  2. $1,711,444 in nonrecurring funds to be used to create a new behavioral health unit in Betsy Johnson Hospital.

Behavioral Health Urgent Care Pilot Program

Provides $500K in nonrecurring funds for the 2021-2022 fiscal year and $1.5M in nonrecurring funds for the 2022-2023 fiscal year to be allocated to RI International for the Dix Crisis Intervention Center in Onslow County to be used for a behavioral health urgent care pilot program.

PUBLIC HEALTH

Local Health Departments/Competitive Grant Process to Improve Maternal and Child Health

Requires funds appropriated to the Division of Public Health for each year of the 2021-2023 fiscal biennium to award competitive grants to local health departments for the improvement of maternal and child health to be used to continue the administration of a competitive grant process for local health departments designed to (1) improve NC’s birth outcomes, (2) improve the overall health of children from birth to age 5, and (3) lower NC’s infant mortality rate.

Specifies required components of the plan for administering the grant process and establishes reporting requirements.

Report of Premium Assistance Program within AIDS Drug Assistance Program

Requires the Division of Public Health to adhere to specified reporting requirements upon the determination that, in 6 months or less, it will no longer be feasible to operate the health insurance premium assistance program implemented within the NC AIDS Drug Assistance Program on a cost-neutral basis or in a manner that achieves savings to the State.

Carolina Pregnancy Care Fellowship Funds

Limits the amount of funds that may be used for administrative purposes of those appropriated to the Division of Public Health for the Carolina Pregnancy Care Fellowship to no more than 15% of the funds allocated for the 2021-2022 fiscal year and for the 2022-2023 fiscal year.

Mountain Area Pregnancy Services Funds

Limits the amount of funds that may be used for administrative purposes of those appropriated to the Division of Public Health for Mountain Area Pregnancy Services to no more than 15% of the funds allocated for the 2021-2022 fiscal year and for the 2022-2023 fiscal year.

Statewide Expansion of the Continuum of Care Pilot Program

Appropriates $1.2M in nonrecurring funds for the 2021-2022 fiscal year and $1.2M in nonrecurring funds for the 2022-2023 fiscal year to the Human Coalition, a nonprofit organization, to expand the continuum of care pilot program.

Specifies that the purpose of the statewide continuum of care program is to (1) encourage healthy childbirth, (2) support childbirth as an alternative to abortion, (3) promote family formation, (4) assist in establishing successful parenting techniques, and (5) increase the economic self-sufficiency of families.

Requires all providers rendering services under the program to be physically located in NC.

Specifics eligibility requirements to receive services under the program.

Lead and Asbestos Remediation in Public School Units and Child Care Facilities

Appropriates $32,812,500 in nonrecurring funds to the Division of Public Health to be used to fund a program for the testing and remediation of lead levels in drinking water at public school units and child care facilities.

Appropriates $117,187,500 in nonrecurring funds to the Division of Public Health to be used to fund a program for lead paint abatement and asbestos abatement in public school units and child care facilities.

Statewide COVID-19 Vaccination Efforts

Provides $10,468,748 in nonrecurring funds for fiscal year 2021-2022 to support Statewide vaccination efforts.

Crisis Response Workforce Fund

Provides $62,340,758 in nonrecurring funds for fiscal year 2021-2022 to establish, expand, train, and sustain a State and local public health workforce to support jurisdictional COVID-19 prevention, preparedness, response, and recovery initiatives.

Disease Intervention Workforce

Provides $27,361,745 in nonrecurring funds for fiscal year 2021-2022 to support Disease Intervention Specialists and DIS-related training and retention and related technological advances to address COVID-19 and other infectious diseases.

SOCIAL SERVICES

Child Welfare/Behavioral Health Pilot Program

Requires the Division of Social Services, in collaboration with the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to establish a two-year child welfare and behavioral health pilot program designed to provide easier access to comprehensive health services for children in foster care.

HHS MISCELLANEOUS

Medical Billing Transparency

Includes language requiring contract requirements for limitation on billing by in-network health services facilities. Note that this language mirrors SB 505 – Medical Billing Transparency previously summarized here.

Allow Employers to Offer EPO Benefit Plans

Includes language permitting employers to offer exclusive provider benefit plans. Note that this language mirrors HB 373/SB 228 – Allow Employers to Offer EPO Benefit Plans previously summarized here.

 

Other pertinent provisions include:

 

NC HealthConnex

Appropriates $3.25M in fiscal year 2021-2022 and $3.25M in fiscal year 2022-2023 to provide funding for the hardware and infrastructure costs associated with the growth of the HealthConnex System.

Community College Programs Serving IDD Students

Requires the State Board of Community Colleges to establish a two-year pilot program at two community college campuses for training programs that provide opportunities for a micro-credential or other credentials that lead to increase employment outcomes for individuals with intellectual and developmental disabilities.

Funds for Children with Disabilities

Requires the State Board of Education to allocate additional funds for children with disabilities on the basis of $4,549.88 per child for fiscal years 2021-2022 and 2022-2023.

School Psychologists Allotment

Requires the State Board of Education to establish a funding allotment for school psychologist positions and requires local boards of education to ensure that each local school administrative unit employs at least one full-time, permanent school psychologist.

Provides $40,862,520 in fiscal year 2021-2022 and fiscal year 2022-2023 to hire an addition 115 school psychologists and to reflect the transfer of 362 school psychologist positions to a new School Psychologist Allotment.

Transportation Reserve Fund for Homeless and Foster Children

Provides $3M to establish a fund that will be used to support the extraordinary transportation costs of qualifying students.

School Health Support Personnel Professional Entry Report

Requires the State Board of Education to study and report policies and practices related to school health support personnel (including school psychologists, school counselors, school nurses, and school social workers), barriers persons face when entering each school health support profession.

School Safety Grants Program

Provides up to $350K in each year of the 2021-2023 fiscal biennium for the Superintendent of Public Instruction, in consultation with DHHS, to award grants to public school units to contract with community partners to address school safety by providing training to help students develop healthy responses to trauma and stress.

Feminine Hygiene Products Grant Program

Requires the Department of Public Instruction to establish a Feminine Hygiene Products Grant Program for the 2021-2022 fiscal year to provide grants of up to $5K to publish school units to provide feminine hygiene products for students and provides $250K in nonrecurring funds for fiscal year 2021-2022 to support the program.

Wake Forest Institute for Regenerative Medicine

Provides $7M in nonrecurring funds for fiscal year 2021-2022 to support the Institute’s “Body of a Chip” research project to accelerate the development of treatments to harmful chemical and biological agents.

Western School of Medicine – Asheville

Provides $4.6M in fiscal year 2021-2022 and fiscal year 2022-2023 to provide additional funds for the UNC School of Medicine’s Asheville Campus.

Southern Regional AHEC

Provides $4.8M in fiscal year 2021-2022 and fiscal year 2022-2023 to support additional residencies.

ECU Residency Program

Provides $2.3M in fiscal year 2021-2022 and $3.6M in fiscal year 2022-2023 to support the residency program at the Brody School of Medicine.

Codify NC Collaboratory

Establishes the NC Collaboratory to facilitate the dissemination of the policy and research expertise of The University of North Carolina and other institutions of higher education within NC for practical use by State and local governments.

Collaboratory/2021 Water Safety Act/Firefighting Foam Registry

Requires the Collaboratory to conduct targeted and nontargeted analysis for PFAS, conduct statewide water sampling, testing, and monitoring, and develop and deploy technologies to mitigate exposure to PFAS.

Allocates $15M in nonrecurring funds for the 2021-2022 fiscal year to the University of North Carolina at Chapel Hill for the Collaboratory and requires a minimum of $10M be directed to development within UNC of a technology that utilizes water filtration or other chemical or physical technologies to remove or mitigate the presence of PFAS from water supplies where it is present.

Collaboratory/COVID-19 Research Initiatives

Requires the Collaboratory to facilitate various research activities related to monitoring, assessing, and addressing the public health and economic impacts of COVID-19, including best practices and strategies to maximize resources and achieve a comprehensive research response to COVID-19.

Permits up to $18M of funds allocated to the Collaboratory to be used to advance development of therapeutics for COVID-19 and other viruses that pose a pandemic threat.

Food Bank and Food Assistance Program Funds

Appropriates $40M to the Department of Agriculture and Consumer Services to be distributed to NC food banks to be used for the purchase and distribution of food, infrastructure and equipment, capacity-building for the food banks and their partner agencies, benefits counseling, and partnerships with community workforce development organizations.

Appropriates $8M to the Department of Agriculture and Consumer Services to be distributed to Golden LEAF, a nonprofit corporation, to provide grants to nonprofit organizations to assist those organization in becoming partner agencies to any NC food bank.

Appropriates $2M to the Department of Agriculture and Consumer Services to be distributed to Golden LEAF to provide grants to nonprofit organizations that are not NC food bank partner agencies for school-based weekend food assistance programs for students.

Create Division of Juvenile Justice

Requires the Department of Public Safety to reimburse providers and facilities providing approved medical services to juvenile offenders outside the juvenile facility the lesser amount of either a rate of 70% of the provider’s then-current prevailing charge or two times the then-current Medicaid rate for any given service.

Authorizes the Department of Public Safety to audit providers as needed to ensure compliance.

Assessment of and Long-Term Care Planning for Veterans

Appropriates $250K in nonrecurring funds for the 2021-2022 fiscal year to the Department of Military and Veterans Affairs to be used to assess, in consultation with DHHS, the long-term care needs of veterans across the State for the purpose of developing a plan to guide the State in enhancing long-term care and other services for veterans.

State Recovery Funds/NC GREAT Grant – Federal Broadband Funds/Coronavirus Capital Projects Fund/Broadband Stopgap Solutions

Provides $330M in nonrecurring funds for the 2021-2022 fiscal year for competitive grants to private providers of broadband service for expanding broadband availability in rural areas.

Provides $277,060,855 in nonrecurring funds for the 2021-2022 fiscal year for competitive grants to private providers of broadband service for expanding broadband availability in rural areas.

Provides $90M in nonrecurring funds for the 2021-2022 fiscal year to issue targeted grants addressing local infrastructure needs and connecting underserved households.

Capital Improvements

Appropriates $1.6M for the2021-2022 fiscal year to DHHS for a new Broughton Hospital.

Appropriates $21.5M for the 2021-2022 fiscal year and $53.7530M for the 2022-2023 fiscal year to ECU for the Brody School of Medicine.

Appropriates $9.1M for the 2021-2022 fiscal year and $22.75 for the 2022-2023 fiscal year to UNC Pembroke for the Health Sciences Center.

Provides $15M for the 2021-2022 fiscal year to Cape Fear Valley Health System to address rural health disparities through development of the Medical Education and Research Center.

Provides $10.5M for the 2021-2022 fiscal year to Mountain Area Health Education Center for the construction of a new parking deck.

Provides a $5M grant to Healing Transitions for the construction of a recovery center and purchase of recovery beds.

Provides a $6,288,556 grant to Harnett Health Systems for the construction of mental health treatment beds at Betsy Johnson Hospital.

Provides a $3M grant to Washington County for the construction of a new EMS facility.

Provides a $3.25M grant to Burke County for the construction of a new substance abuse treatment facility.

 


HB 567 – 2021 Youth END Act

HB 567 – 2021 Youth END Act

Primary House Sponsors: Rep. Gale Adcock (D-Wake); Rep. Donny Lambeth (R-Forsyth); Rep. Becky Carney (D-Mecklenburg); Rep. Cynthia Ball (D-Wake)

Summary

This bill establishes the Tobacco Use Prevention Fund as an interest-bearing special fund in the Chronic Disease and Injury Section of the Division of Public Health with the purpose of preventing the use of new and emerging tobacco products, especially among youth and people of childbearing age.

This bill also specifies when DHHS is authorized to expend moneys in the Fund.

Movement

Filed – 4/14/2021


HB 568 – Youth Mentoring Services Act

HB 568 – Youth Mentoring Services Act

Primary House Sponsors: Rep. Graig Meyer (D-Caswell, Orange); Rep. Jon Hardister (R-Guilford); Rep. Ricky Hurtado (D-Alamance)

Summary

This bill establishes the Youth Mentoring Grant Program within DHHS and states the program’s purpose is to (1) address the essential need for youth mentoring services in communities that lack existing mentoring programs and (2) sustain current community-based youth mentoring programs, with the goal of reducing substance use disorders, decreasing the incident of delinquent and violent activity, and fostering positive connections.

This bill also appropriates $1.5M in nonrecurring funds for each year of the 2021-2023 fiscal biennium to DHHS to be used to award grants to nonprofit organizations as required by the Program.

Movement

Filed – 4/14/2021


HB 573 – NC Medicaid & SNAP Program Integrity Reform

HB 573 – NC Medicaid & SNAP Program Integrity Reform

Primary House Sponsors: Rep. Sarah Stevens (R-Alleghany, Surry, Wilkes); Rep. Jerry Carter (R-Rockingham); Rep. Harry Warren (R-Rowan); Rep. Edward Goodwin (R-Bertie, Camden, Chowan, Perquimans, Tyrrell, Washington)

Summary

This bill:

  • Requires DHHS to review information concerning changes in circumstances that may affect medical assistance beneficiaries’ eligibility to receive medical assistance benefits on a monthly basis (was quarterly).
  • Requires DHHS to direct county departments of social services to do the following if the State receives federal funding for medical assistance that is contingent upon temporary maintenance of effort restrictions or that in any way limits the ability of the State to disenroll individuals from the program: (1) continue to conduct monthly redeterminations of eligibility in the same manner in which redeterminations were conducted prior to the restrictions or limitations; and (2) act on redeterminations to the fullest extent permissible under the law.
  • Specifies hospital responsibilities when making a presumptive eligibility determination.
  • Requires DHHS to establish standards to ensure accurate presumptive eligibility determinations are made by each qualified hospital.
  • Requires DHHS to require applicants for electronic food and nutrition benefits cooperate with the Child Support Enforcement Program as a condition of eligibility for benefits.
  • Requires any person eligible to receive electronic food and nutrition benefits to report to DHHS any change in circumstances, such as changes in income or residency, within 10 days from the date of the change to allow DHHS to re-verify the person’s eligibility.

Movement

Filed – 4/14/2021


HB 576/SB 646 – Marijuana Justice and Reinvestment Act

HB 576/SB 646 – Marijuana Justice and Reinvestment Act

Primary House Sponsors: Rep. Graig Meyer (D-Caswell, Orange); Rep. Raymond Smith, Jr. (D-Sampson, Wayne); Rep. John Ager (D-Buncombe); Rep. Terry Brown, Jr. (D-Mecklenburg)

Primary Senate Sponsors: Sen. Jay Chaudhuri (D-Wake); Sen. Mike Woodard (D-Durham, Granville, Person); Sen. Valerie Foushee (D-Chatham, Orange)

Summary

This bill:

  • Sets out a series of definitions related to cannabis.
  • Establishes the Office of Social Equity and several funds within the Department of Public Safety, including the Social Equity Fund and the Cannabis Education and Technical Assistance Fund.
  • Establishes duties of the Office of Social Equity.
  • Authorizes the personal use and possession of cannabis for persons 21 years of age or older.
  • Establishes certain restrictions on the personal cultivation of cannabis plants.
  • Prohibits public smoking of cannabis.
  • Prohibits the consumption of cannabis while operating a moving vehicle.
  • Establishes the North Carolina Medical Cannabis Act.
  • Provides protections for patients and caregivers related to the possession or purchase of cannabis for medical use by the patient in specified circumstances.
  • Requires DHHS issue a registry identification card to patients or designated caregivers who meet specified criteria.
  • Requires the Medical Care Commission to define what constitutes a qualifying medical condition and an adequate supply of medical cannabis, establish requirements for the issuance of registry identification cards to patients and caregivers, and other rules as necessary.
  • Requires a written certification of a statement in a patient’s medical records or a statement signed by a physician indicating that, in the physician’s professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat or alleviate the patient’s qualifying medical condition or symptoms associated with the qualifying medical condition.

Movement

HB 576

Filed – 4/14/2021

SB 646

Filed – 4/6/2021

This bill was referred to the following Senate Committees:

-Rules and Operations


HB 579 – School Self-Defense Act

HB 579 – School Self-Defense Act

Primary House Sponsors: Rep. Larry Pittman (R-Cabarrus); Rep. Mark Brody (R-Anson, Union); Rep. Keith Kidwell (R-Beaufort, Craven)

Summary

This bill adds exceptions to the prohibition against weapons on campus or other educational property for volunteer school faculty guardians who (1) successfully complete 16 hours of active shooter training in the School Faculty Guardian program developed by the NC Criminal Justice Education and Training Commission, (2) annually submit written notice confirming possession of a valid concealed handgun permit to the school’s chief administrator, (3) annually provide evidence demonstrating handgun proficiency, (4) only possess the handgun during the performance of his or her duties when on school grounds, (5) keep the handgun concealed at all times while on campus except when responding to violence or an imminent threat of violence, and (6) submit to annual drug testing.

Movement

Filed – 4/14/2021


HB 538/SB 475 – Transparence in Evidence Standards

HB 538/SB 475 – Transparence in Evidence Standards

Primary House Sponsors: Rep. Sarah Stevens (R-Alleghany, Surry, Wilkes)

Summary

This bill states that the term “insurance” as used in Rule 411 of the NC Rules of Evidence prohibits parties from introducing evidence of any payments made by insurance under the collateral source rule, but that the rule should not be construed to infer that evidence of health insurance, disability insurance, or other forms of benefits that may be characterized as insurance is prohibited by the rule.

This bill also revises Rule 411 of the NC Rules of Evidence to state that the rule does not require the exclusion of evidence of insurance against liability or coverage limits when offered for a purpose for a purpose other than the issue of whether a person acted negligently.

Movement

Filed – 4/13/2021


HB 539 – Protecting Properly Insured Individual

HB 539 – Protecting Properly Insured Individual

Primary House Sponsors: Rep. Sarah Stevens (R-Alleghany, Surry, Wilkes)

Summary

This bill modifies the evidence that may be used to establish the amount of recoverable medical expenses for a personal injury claim. This bill specifically:

  • Limits the evidence offered to prove past medical expenses to the amount paid by health insurance, amounts paid by Medicare or Medicaid, amounts paid by any source, lien amounts, and amounts remaining unpaid.
  • Requires providers to timely submit a claim to an injured party’s health insurer or health plan within the allotted time requirements of the insurer or plan to assert a valid lien.
  • States that calculating an injured party’s provider/medical charges by using any method other than described by statute amounts to an unfair claim settlement practice.

Movement

Filed – 4/13/2021


HB 541 – Amendments to Schedule VI of the CSA

HB 541 – Amendments to Schedule VI of the CSA

Primary House Sponsors: Rep. Wayne Sasser (R-Cabarrus, Rowan, Stanly); Rep. Larry Potts (R-Davidson); Rep. Pat McElraft (R-Carteret, Jones); Rep. Jason Saine (R-Lincoln)

Summary

This bill allows any prescription drug approved by the FDA that has also been designated, rescheduled, or deleted as a controlled substance under federal law by the DEA to be excluded from Schedule VI, unless the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services objects.

Movement

Filed – 4/13/2021


HB 553 – Traumatic Brain Injury Advisory Council/Funds

HB 553 – Traumatic Brain Injury Advisory Council/Funds

Primary House Sponsors: Rep. Carla Cunningham (D-Mecklenburg)

Summary

This bill appropriates $1M in recurring funds for the 2021-2022 fiscal year and $1M in recurring funds for the 2022-2023 fiscal year to the Division of Mental Health to be used to support the NC Traumatic Brain Injury Advisory Council.

Movement

Filed – 4/13/2021


HB 555/SB 622 – 2021 Governor’s Budget

HB 555/SB 622 – 2021 Governor’s Budget

Primary House Sponsors: Rep. Jason Saine (R-Lincoln); Rep. Donny Lambeth (R-Forsyth); Rep. Dean Arp (R-Union); Rep. John Faircloth (R-Guilford)

Primary Senate Sponsors: Sen. Brent Jackson (R-Duplin, Johnston, Sampson); Sen. Kathy Harrington (R-Gaston); Sen. Ralph Hise (R-Madison, McDowell, Mitchell, Polk, Rutherford, Yancey)

Summary

This bill includes the Governor’s budget proposal.

Movement

HB 555

Filed – 4/13/2021

SB 622

Filed – 4/6/2021

This bill was re-referred to the following Senate Committees:

Appropriations/Base Budget

Rules and Operations


HB 558 – Prohibit Mandatory CV19 Vaccinations

HB 558 – Prohibit Mandatory CV19 Vaccinations

Primary House Sponsors: Rep. Larry Pittman (R-Cabarrus); Rep. Keith Kidwell (R-Beaufort, Craven)

 

Summary

This bill:

  • States that whether an individual determines if the individual or the individual’s children will receive a vaccine must remain a protected private matter.
  • Prohibits the question of whether an individual has received an immunization to be asked as a condition of attending any college, university, public or private school, or child care facility.
  • States that the above prohibition applies to any vaccination requirement imposed upon an adult or child by a college, university, public or private school, or child care facility.
  • Prohibits the Governor from requiring or mandating that any person receive a vaccination by executive order.
  • Provides civil and criminal immunity to anyone who refuses to receive a vaccination.
  • Prohibits public health authorities from issuing an order requiring a person to receive a COVID-19 vaccination or series of vaccinations if such action is medically contradicted for the individual or is inconsistent with the individual’s religious or philosophical beliefs.
  • Prohibits public health authorities from issuing an order requiring a minor to receive a COVID-19 vaccination or series of vaccinations if the minor’s parent/guardian holds religious or philosophical beliefs against the vaccination.
  • Requires systems used to track or record information about residents who have received specific vaccinations to provide written informed consent from each adult or minor’s parent whose vaccination records and information are added to the system regarding the individual’s participation and disclosure of information concerning the individual’s vaccine record.
  • Prohibits licensed hospitals from refusing to provide health care services to a patient on the basis of the patient’s vaccination history.
  • Prohibits licensed hospitals from denying, terminating, or suspending a physician’s hospital privileges on the basis of the physician’s vaccination history.
  • Prohibits licensed adult care homes and nursing homes from refusing to admit an applicant or provide services to a resident on the basis of the applicant or resident’s vaccination history.
  • States that an employer’s refusal to hire, discharge, penalize, or otherwise discriminate against an individual due to the individual’s vaccination history amounts to an unlawful employment practice.
  • Prohibits an insurer from refusing to insure or continue to insure an individual, to limit coverage, or to charge an individual a different rate due to the individual’s vaccination status.
  • Prohibits a health benefit plan from using the status of any patients of a provider as a (1) qualification or requirement for entering into a contract with the provider, (2) basis for terminating a contract with the provider, (3) factor in the provision of financial incentives for a provider, or (4) factor in the imposition of penalties on a provider.

Movement

Filed – 4/13/2021


HB 532 – Criminal Justice Equality Act of 2021

HB 532 – Criminal Justice Equality Act of 2021

Primary House Sponsors: Rep. Marcia Morey (D-Durham); Rep. James Gailliard (D-Nash); Rep. Amos Quick, III (D-Guilford)

Summary

This bill seeks to make a series of changes related to criminal justice, policing, and juvenile justice. Specifically, this bill:

  • States that strangleholds, chokeholds, lateral vascular neck restraints, carotid restraints, or any other tactics that restrict oxygen or blood flow to the head or neck will be considered the use of deadly force as used in statutes governing the use of force during arrest.
  • Requires state troopers, company police officers, campus police officers, SBI law enforcement officers, county law enforcement officers, and city law enforcement officers to render medical assistance to persons in custody under certain specified circumstances.
  • Appropriates $500K to the Department of Justice in recurring funds for each year of the 2021-2023 fiscal biennium to be used to provide grant funds to organizations that provide and promote violence prevention programs that treat violence as a public health program or that provide and promote services such a mentoring and counseling to vulnerable populations.
  • Appropriates $4.2M to the Administrative Office of the Courts in recurring funds for each year of the 2021-2023 fiscal biennium to be used to support the NC Drug Treatment Court Program.
  • Appropriates $4.2M to the Administrative Office of the Courts in recurring funds for each year of the 2021-2023 fiscal biennium to be used to facilitate the creation and funding of new and existing mental health court programs.

Movement

Filed – 4/12/2021


HB 534/SB 577 – Funds/Est. Black Women & Girls Task Force

HB 534/SB 577 – Funds/Est. Black Women & Girls Task Force

Primary House Sponsors: Rep. Amber Baker (D-Forsyth); Rep. Kandie Smith (D-Pitt)

Primary Senate Sponsors: Sen. Natalie Murdock (D-Durham) Sen. Joyce Waddell (D-Mecklenburg); Sen. Ernestine Bazemore (D-Beaufort, Bertie, Martin, Northampton, Vance, Warren)

Summary

This bill establishes the North Carolina Black Women and Girls Task Force, an advisory committee with the following duties: (1) study the health and wealth disparities of black women and their impact; (2) review educational justice principles for black girls and the impact of trauma to learning; (3) research all forms of violence to and on black women and girls; (4) consider the impact of the criminal and juvenile justice system on black women and girls; (5) examine the effect of political advocacy and engagement, employment, and health care, especially in the context of disparate impacts of COVID-19, cancer, stress disorders, high blood pressure, maternal morbidity and infant mortality, reproduction and other disparate health factors.

This bill also appropriates $500K in recurring funds for each year of the 2021-2023 fiscal biennium to the Department of Administration in recurring funds for the operation of the Task Force.

Movement

HB 534

Filed – 4/12/2021

SB 577

Filed – 4/6/2021

This bill was referred to the following Senate Committees:

-Appropriations/Base Budget

-Rules and Operations


HB 535 – Firefighters Fighting Cancer Act of 2021

HB 535 – Firefighters Fighting Cancer Act of 2021

Primary House Sponsors: Rep. Destin Hall (R-Caldwell); Rep. John Bell, IV (R-Greene, Johnston, Wayne); Rep. Jason Saine (R-Lincoln); Rep. John Hardister (R-Guilford)

Summary

This bill establishes the North Carolina Firefighter Cancer Health Care Benefit Plan to serve as a supplemental insurance policy providing certain specified benefits to eligible firefighters newly diagnosed with cancer.

Movement

Filed – 4/12/2021


HB 501/SB 638 – PFAS Manufacture/Use/Sale Ban

HB 501/SB 638 – PFAS Manufacture/Use/Sale Ban

Primary House Sponsors: Rep. Pricey Harrison (D-Guilford); Rep. Deb Butler (D-New Hanover); Rep. John Autry (D-Mecklenburg); Rep. Marcia Morey (D-Durham)

Primary Senate Sponsors: Sen. Michael Garrett (D-Guilford); Sen. Mike Woodard (D-Durham, Granville, Person); Sen. Julie Mayfield (D-Buncombe)

Summary

This bill prohibits any person from knowingly manufacturing, using, processing, or distributing any PFAS and PFAS-containing products within the State, establishes civil penalties for the violation of the prohibition, and appropriates $100K in nonrecurring funds for the 2021-2022 fiscal year to the Department of Environmental Quality to fund additional monitoring and enforcement activities to address PFAS contamination in the State.

Movement

HB 501

Filed – 4/8/2021

SB 638

Filed – 4/6/2021

This bill was referred to the following Senate Committees:

Rules and Operations


HB 502 – Contamination Mitigation Measures

HB 502 – Contamination Mitigation Measures

Primary House Sponsors: Rep. Pricey Harrison (D-Guilford); Rep. Deb Butler (D-New Hanover); Rep. Rachel Hunt (D-Mecklenburg); Rep. Julie von Haefen (D-Wake)

Summary

This bill:

  • Directs the Department of Environmental Quality to require applicants for a new or renewed individual National Pollutant Discharge Elimination System permit to disclose each pollutant reasonably expected to be at or above the pollutant’s practical quantitation limit.
  • Requires the Department to study the presence of PFAS in land-applied biosolids.
  • Directs the Environmental Management Commission to adopt rules to prevent PFAS migration or accumulation off-site from land application sites if the Department finds PFAS are likely to migrate and accumulate at detectable levels in soil and water.
  • Makes a series of appropriations to fund research and monitoring efforts related to PFAS.

Movement

Filed – 4/8/2021


HB 503 – PFAS Studies

HB 503 – PFAS Studies

Primary House Sponsors: Rep. Pricey Harrison (D-Guilford); Rep. Ricky Hurtado (D-Alamance); Rep. Brandon Lofton (D-Mecklenburg); Rep. Robert Reives, II (D-Chatham, Durham)

Summary

This bill directs various entities to conduct research related to PFAS contamination, including DHHS, the Wildlife Resources Commission, the Office of State Budget and Management, the Department of Environmental Quality, the NC Policy Collaboratory, and the Environmental Review Commission.

This bill also provides a series of appropriations to the above-referenced entities to fund the required studies.

Movement

Filed – 4/8/2021


HB 505/SB 633 – NC Healthy Pregnancy Act

HB 505/SB 633 – NC Healthy Pregnancy Act

Primary House Sponsors: Rep. Carolyn Logan (D-Mecklenburg); Rep. Susan Fisher (D-Buncombe); Rep. Cooper-Suggs (D-Wilson); Rep. Amber Baker (D-Forsyth)

Primary Senate Sponsors: Sen. Natalie Murdock (D-Durham); Sen. Sydney Batch (D-Wake); Sen. Natasha Marcus (D-Mecklenburg)

Summary

This bill includes a series of provisions addressing pregnancy-related discrimination and workplace accommodations. Specifically, this bill:

  • Establishes the NC Healthy Pregnancy Act
  • Requires employers to investigate whether there are reasonable accommodations that can be made and to make reasonable accommodations as statutorily defined upon request by a qualified pregnant person.
  • Prohibits certain specified discriminatory practices by employers related to a pregnant person.
  • Permits a pregnant person aggrieved by a prohibited discriminatory practice to bring a civil action against any person/entity alleged to have committed the discriminatory practice.

Movement

HB 505

Filed – 4/8/2021

SB 633

Filed – 4/6/2021

This bill was referred to the following Senate Committees:

-Rules and Operations

 


HB 507/SB 632 – North Carolina Momnibus Act

HB 507/SB 632 – North Carolina Momnibus Act

Primary House Sponsors: Rep. Julie von Haefen (D-Wake); Rep. Zack Hawkins (D-Durham); Rep. Carla Cunningham (D-Mecklenburg); Rep. Vernetta Alston (D-Durham)

Primary Senate Sponsors: Sen. Natalie Murdock (D-Durham); Sen. Sydney Batch (D-Wake); Sen. Deandrea Salvador (D-Mecklenburg)

Summary

This bill:

  • Establishes the Social Determinants of Maternal Health Task Force within DHHS to develop a strategy to coordinate efforts between State agencies to address social determinants of maternal health with respect to pregnant and postpartum individuals.
  • Establishes the Maternal Mortality Prevention Grant Program to award competitive grants to eligible entities to establish or expand programs for the prevention of maternal mortality and severe maternal morbidity among black women.
  • Requires DHHS, in collaboration with community-based organizations led by black women that serve primarily black birthing people and a historically black college or university that primarily serves minority populations, to create or identify an evidence-based implicit bias training program for health care professionals involved in perinatal care.
  • Establishes certain specified rights of perinatal care patients.
  • Makes a series of appropriations to DHHS to support data collection, surveillance, and research on maternal health as a result of the COVID-19 public health emergency.
  • Requires DHHS to provide the public with evidence-based public health information and education about COVID-19 and pregnancy.
  • Establishes the Task Force on Birthing Experience and Safe Maternity Care During a Public Health Emergency within DHHS to develop recommendations on respectful maternity care during the COVID-19 public health emergency and other public health emergencies.

Movement

HB 507

Filed – 4/8/2021

SB 632

Filed – 4/6/2021

This bill was referred to the following Senate Committees:

-Rules and Operations


HB 510 – Born-Alive Abortion Survivors Protection Act

HB 510 – Born-Alive Abortion Survivors Protection Act

Primary House Sponsors: Rep. Keith Kidwell (R-Beaufort, Craven); Rep. Erin Pare (R-Wake); Rep. Bobby Hanig (R-Currituck, Dare, Hyde, Pamlico); Rep. Pat Hurley (R-Randolph)

Summary

This bill establishes the Born Alive Abortion Survivors Protection Act. This bill:

  • Defines the term “born alive”.
  • Requires any healthcare provider present at the time a child is born alive following an abortion or an attempt to perform an abortion to: (1) exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to any child born alive at the same gestational age, and (2) ensure that the child born alive is immediately transported and admitted to a hospital.
  • Requires a health care practitioner or any hospital, physician office, or abortion clinic employee with knowledge of noncompliance to immediately report the noncompliance to an appropriate state or federal law enforcement agency.
  • Makes any person who intentionally performs or attempts to perform an overt act that kills a child born alive punishable for murder under a Class A felony.

Movement

Filed – 4/8/2021


HB 512/SB 575 – Pharmacists Improve Public Health Needs

HB 512/SB 575 – Pharmacists Improve Public Health Needs

Primary House Sponsors: Rep. Wayne Sasser

Primary Senate Sponsors: Sen. Jim Burgin (R-Harnett, Johnston, Lee); Sen. Joyce Krawiec (R-Davie, Forsyth); Sen. Jim Perry (R-Lenoir, Wayne)

Summary

This bill:

  • Adds immunizing pharmacists and clinical pharmacist practitioners to the categories of individuals who can prescribe an opioid antagonist in certain specified situations.
  • Allows an immunizing pharmacist to administer vaccinations approved by the FDA in accordance with the protocols established by the advisory committee on immunization practices to individuals at least six years of age pursuant to a specific prescription order initiated by a prescriber following a physical examination of the patient by the prescriber.
  • Allows immunizing pharmacists and clinical pharmacist practitioners to prescribe and dispense certain specified medications including Naloxone, tobacco cessation medications, epinephrine, glucagon, short-acting bronchodilators, hormonal contraceptives, prenatal vitamins, controlled substances for the prevention of HIV, dietary fluoride supplements, and prescription medications not requiring a diagnosis that are recommended by the CDC for individuals traveling outside the United States.
  • Requires immunizing pharmacists to maintain a record of any vaccine, immunization, or medication administered to the patient, notify the patient’s primary care provider within 72 hours of the administration, furnish patient records to the patient or the primary care provider upon request, and to provide counseling to the patient in certain circumstances.
  • Requires immunizing pharmacists and clinical pharmacist practitioners who prescribe and dispense certain medication to comply with specified conditions and rules adopted by the Medical Board and the Board of Pharmacy.
  • Requires the Medical Board and the Board of Pharmacy Joint Subcommittee to develop certain specified statewide written protocols.

Movement

HB 512

Filed – 4/8/2021

SB 575

Filed – 4/7/2021

This bill was referred to the following Senate Committees

-Rules and Operations


HB 514/SB 633 – NC Healthy Pregnancy Act

HB 514/SB 633 – NC Healthy Pregnancy Act

Primary House Sponsors: Rep. Julie von Haefen (D-Wake); Rep. Zack Hawkins (D-Durham); Rep. Carla Cunningham (D-Mecklenburg); Rep. Vernetta Alston (D-Durham)

Primary Senate Sponsors: Sen. Natalie Murdock (D-Durham); Sen. Sydney Batch (D-Wake); Sen. Natasha Marcus (D-Mecklenburg)

Summary

This bill includes a series of provisions addressing pregnancy-related discrimination and workplace accommodations. Specifically, this bill:

  • Establishes the NC Healthy Pregnancy Act
  • Requires employers to investigate whether there are reasonable accommodations that can be made and to make reasonable accommodations as statutorily defined upon request by a qualified pregnant person.
  • Prohibits certain specified discriminatory practices by employers related to a pregnant person.
  • Permits a pregnant person aggrieved by a prohibited discriminatory practice to bring a civil action against any person/entity alleged to have committed the discriminatory practice.

Movement

HB 514

Filed – 4/8/2021

SB 633

Filed – 4/6/2021

This bill was referred to the following Senate Committees:

-Rules and Operations


HB 521 – 2021 Safe Drinking Water Act

HB 521 – 2021 Safe Drinking Water Act

Primary House Sponsors: Rep. Ashton Clemmons (D-Guilford); Rep. Graig Meyer (D-Caswell, Orange); Rep. Robert Reives, II (D-Chatham, Durham); Rep. Marvin Lucas (D-Cumberland)

Summary

This bill requires the Commission for Public Health to commence rulemaking to establish the maximum contaminant levels for specified contaminants, including PFAS, PFOA, PFOS, Hexavalent chromium, and 1,4-Dioxane.

Movement

Filed – 4/8/2021


HB 524 – Oral Chemo Treatment Access During Pandemic

HB 524 – Oral Chemo Treatment Access During Pandemic

Primary House Sponsors: Rep. Carla Cunningham (D-Mecklenburg); Rep. Gale Adcock (D-Wake); Rep. Wayne Sasser (R-Cabarrus, Rowan, Stanly)

Summary

This bill requires health benefit plans that provide coverage for prescribed, orally administered anticancer drugs and for intravenously administered or injected anticancer drugs to: (1) provide coverage for prescribed, orally administered anticancer drugs on a basis no less favorable than the coverage the plan provides for intravenously administered; and (2) provide coverage for orally administered anticancer drugs that is not subject to any prior authorization, dollar limit, copayment, coinsurance, or deductible provision or to any other out-of-pocket expense that does not apply to intravenously administered or injected anticancer drugs.

This bill also prohibits health benefit plans from achieving compliance with these requirements by reclassifying anticancer drugs or by increasing patient cost-sharing imposed on anticancer drugs.

Movement

Filed – 4/8/2021


HB 525 – Allow ERPOs to Prevent Suicides & Save Lives

HB 525 – Allow ERPOs to Prevent Suicides & Save Lives

Primary House Sponsors: Rep. Marcia Morey (D-Durham); Rep. John Autry (D-Mecklenburg); Rep. Rosa Gill (D-Wake); Rep. Grier Martin (D-Wake)

Summary

This bill establishes a process for family members, law enforcement, and/or health care providers to obtain an Extreme Risk Protection Order, a court order temporarily restricting a person’s access to firearms if the person poses a significant danger of harming themselves or other by possessing a firearm.

Movement

Filed – 4/8/2021


HB 373/SB 228 – Allow Employers to Offer EPO Benefit Plans

HB 373/SB 228 – Allow Employers to Offer EPO Benefit Plans

Primary Senate Sponsors: Sen. Chuck Edwards (R-Buncombe, Henderson, Transylvania); Sen. Joyce Krawiec (R-Davie, Forsyth); Sen. Jim Burgin (R-Harnett, Johnston, Lee)

Primary House Sponsors: Rep. Dana Bumgardner (R-Gaston); Rep. Kyle Hall (R-Rockingham, Stokes, Surry); Rep. Jason Saine (R-Lincoln)

Summary

This bill:

  • Revises GS 58-50-56(i) to permit any person enrolled in a preferred provider benefit plans, other than an exclusive provider benefit plan, to obtain covered health services from a provider who does not participate in the plan.
  • Defines an exclusive provider benefit plan as “a preferred provider benefit plan in which enrollees must receive covered services from health care providers who are under contract with the insurer and under which there is no requirement of coverage for care received from a health care provider who is not under contract with the insurer except for certain emergency services and certain medically covered services.
  • Requires certain actions to take place upon the termination of a contract offering an exclusive provider benefit plan by the provider or by the insurer or when the insurer or benefits/coverage provided by the insurer are terminated due to a change in the terms of provider participation if the insured is undergoing treatment from the provider for an ongoing special condition on the date of the termination including:
    1. The insurer must notify the insured on a timely basis of the provider’s termination of the contract and of the insured’s right to elect continuation of coverage of treatment by the provider if the insured has a claim with the insurer for services provided by the terminated provider or if the insurer knows the insured is a patient of the terminated provider.
    2. The insurer must permit an insured to elect to continue to be covered with respect to the treatment by the terminated provider for the ongoing special condition during a transitional period.
  • Defines “ongoing special condition” to include certain categories of acute and chronic illness, terminal illness for which an individual has a medical prognosis of a life expectancy of 6 months or less, and pregnancy from the start of the second trimester.
  • States that the length of a general transition period should be determined by the treating health care provider so long as it does not exceed 90 days after the date of the notice of termination or the date of enrollment in a new plan.
  • Provides for specific extensions of the general transition period for (1) individuals who had scheduled or who were on a waiting list to schedule surgery, organ transplant, or inpatient care, (2) individuals entering the second trimester of pregnancy, and (3) terminally ill individuals.
  • Requires exclusive provider benefit plans to provide transition coverage to individuals who are (1) newly covered because the individual’s employer has changed benefit plans and (2) are undergoing treatment from a provider for an ongoing special condition.
  • Identifies 6 terms and conditions upon which an insurer can condition coverage of continued treatment by a provider following termination of a provider or to a newly covered insured including:
  1. When care is provided following termination of a provider, the provider must agree to accept reimbursement form the insurer and, with respect to cost-sharing, from the insured at the rates applicable before the start of the transitional period as payment in full.
  2. When care is provided to a newly covered insured, the provider must agree to accept the prevailing rate based on contracts the insurer has with the same or similar providers in the same or similar geographic area, plus the applicable copayment.
  3. The provider must agree to comply with the quality assurance programs of the insurer responsible for payment and to provide the insurer with necessary medical information related to the care provided.
  4. The provider agrees to the insurer’s established policies and procedures for participating providers.
  5. The receipt of notification from the insured within 45 days of the date of the notice of termination of the contract by the insured or the new enrollment of a newly covered insured that insured elects to continue receiving treatment by the provider.
  6. The provider must agree to discontinue providing services at the end of the transition period and to assist the insured in an orderly transition to a network provider.
  • States that an insurer is not required to offer a transitional period when the insurer terminates a provider’s contract for reasons relating to quality of care or fraud.

Movement

SB 228

Filed – 3/10/2021

This bill was referred to Rules and Operations on 3/11/2021, but it was withdrawn from Committee on 3/18/2021.

This bill was referred to the following Senate Committees:

-Commerce and Insurance

-Health Care

-Rules and Operations

HB 373

Filed 3/23/2021

This bill was referred to the following House Committees:

-Insurance

-Rules, Calendar, and Operations


HB 492 – WC/Psych. Trauma-Related Injuries

HB 492 – WC/Psych. Trauma-Related Injuries

Primary House Sponsors: Rep. Donna White (R-Johnston); Rep. Kristin Baker, MD (R-Cabarrus); Rep. Carla Cunningham (D-Mecklenburg)

 

Summary

This bill allows first responders to receive workers’ compensation benefits for PTSD if the disorder resulted from the responder acting within the course of his or her employment and the responder has been examined and diagnosed by a licensed psychiatrist or psychologist who establishes that the disorder is a result of employment activities.

Movement

Filed – 4/5/2021


SB 547 – FIBER NC Act

SB 547 – FIBER NC Act

Primary Senate Sponsors: Sen. Michael Lazzara (R-Jones, Onslow); Sen. Kevin Corbin (Cherokee, Clay, Graham, Haywood, Jackson, Macon, Swain); Sen. Kirk deViere (D-Cumberland)

Summary

This bill:

  • Authorizes counties and cities to build facilities or equipment of broadband services for the purpose of leasing the facilities or equipment to one or more lessees who are not a governmental unit.
  • Requires counties and cities to conduct a feasibility study to determine needs and available resources and perform other specified activities prior to beginning construction of facilities or equipment of broadband services.
  • Requires any lease by a city for facilities and equipment of a broadband service to comply with a list of specified requirements.

Movement

Filed – 4/5/2021


SB 545 – Universal Licensure Recognition Act

SB 545 – Universal Licensure Recognition Act

Primary Senate Sponsors: Sen. Chuck Edwards (R-Buncombe, Henderson, Transylvania); Sen. Norman Sanderson (R-Carteret, Craven, Pamlico)

Summary

This bill permits an occupational licensing board or a state agency licensing board to issue a license, certification, or registration to any applicant who establishes residence in NC and satisfies all of the following: (1) the applicant is currently licensed/certified in at least one other jurisdiction in the discipline applied for in NC at the same or substantially equivalent practice level; (2) the applicant has been licensed/certified for at least one year; (3) the applicant has passed an examination required for the license/certification in the jurisdiction in which the applicant holds a current license/certification; (4) the applicant is in good standing in all jurisdictions in which the applicant holds a license/certification; (5) the applicant has not voluntarily surrendered a license/certification or had a license/certification revoked as a result of unprofessional conduct; (6) the applicant has met all minimum education, clinical supervision, or work experience requirements in all state that the applicant holds a license/certification; (7) the applicant does not have any active or pending disciplinary actions; (8) the applicant does not have a disqualifying criminal history record; and (9) the applicant has paid all applicable fees.

Movement

Filed – 4/5/2021

 


SB 544 – 2021 Water Safety Act

SB 544 – 2021 Water Safety Act

Primary Senate Sponsors: Sen. Michael Lee (R-New Hanover); Sen. Deanna Ballard (R-Alleghany, Ashe, Surry, Watauga, Wilkes); Sen. Chuck Edwards (R-Buncombe, Henderson, Transylvania)

Summary

This bill:

  • Requires the NC Policy Collaboratory to continue to identify faculty, expertise, technology, and instrumentation located within institutions of higher education in the State to: (1) conduct targeted and nontargeted analysis for PFAS through a continuation of the NC PFAS Testing Network; (2) conduct statewide water and air sampling, testing, and monitoring; (3) develop and deploy technologies to mitigate exposure to PFAS; and (4) evaluate and pursue other research opportunities with respect to PFAS.
  • Requires the Collaboratory to continue to report sampling results to the public and other specified entities.
  • Appropriates $15M in nonrecurring funds for the 2021-2022 fiscal year to the Board of Governors of The University of North Carolina to be allocated to the Collaboratory, a minimum of $10M of which must be directed to development of a technology that utilizes water filtration or other chemical or physical technologies to remove or mitigate the presence of PFAS from water supplies.

Movement

Filed – 4/5/2021


SB 542 – SHP Combat Fraud and Abuse Incentives

SB 542 – SHP Combat Fraud and Abuse Incentives

Primary Senate Sponsors: Sen. Jim Burgin (R-Harnett, Johnston, Lee)

Summary

This bill allows the State Treasurer to adopt rules, including authorizing the State Health Plan to expend State funds to offer an incentive to Plan members, to assist in the identification and investigation of fraudulent, wasteful, and/or illegal activities undertaken by a health care provider that provides services to Plan members.

Movement

Filed – 4/5/2021


SB 538 – DHHS Contract/EPIC at State Psych. Hospitals

SB 538 – DHHS Contract/EPIC at State Psych. Hospitals

Primary Senate Sponsors: Sen. Joyce Krawiec (R-Davie, Forsyth); Sen. Jim Burgin (R-Harnett, Johnston, Lee); Sen. Jim Perry (R-Lenoir, Wayne)

Summary

This bill directs DHHS, in coordination with the Department of Information Technology, to execute a contract providing for the implementation of Epic software as the standard platform for electronic health records within each of the State psychiatric hospitals under DHHS’ jurisdiction.

This bill also appropriates $10.9M in nonrecurring funds for the 2021-2022 fiscal year and $20M in nonrecurring funds for the 2022-2023 fiscal year to cover the contract’s costs.

Movement

Filed – 4/5/2021


SB 537 – Expand NC Infant Safe Sleep Program/Funds

SB 537 – Expand NC Infant Safe Sleep Program/Funds

Primary Senate Sponsors: Sen. Joyce Krawiec (R-Davie, Forsyth); Sen. Jim Burgin (R-Harnett, Johnston, Lee)

Summary

This bill appropriates $85K in recurring funds for the 2021-2022 fiscal year and $85K in recurring funds for the 2022-2023 fiscal year to the Division of Public Health to expand the NC Infant Safe Sleep Program.

Movement

Filed – 4/5/2021

 


SB 535 – Safe Surrender Infants

SB 535 – Safe Surrender Infants

Primary Senate Sponsors: Sen. Joyce Krawiec (R-Davie, Forsyth); Sen. Jim Burgin (R-Harnett, Johnston, Lee)

Summary

This bill:

  • Identifies the categories of individuals, including a health care provider who is on duty or at a hospital, local/district health department, or nonprofit community health center, who must take into temporary custody an infant reasonably believed to be under 7 days of age that is voluntarily delivered to the individual by the infant’s parent who does not express an intent to return.
  • Requires any individual who takes an infant into temporary custody to perform any act necessary to protect the physical health and well-being of the infant and notify the department of social services in the county where the infant is surrendered.
  • Provides immunity for any individual to whom an infant was surrendered from any civil or criminal liability.
  • Identifies certain information related to the infant as confidential.
  • Describes the required response of any director of a department of social services who receives a safely surrendered infant.
  • States the rights of the surrendering parent.
  • Requires DHHS to create and distribute information about infant safe surrender and the rights of parents.

Movement

Filed – 4/5/2021


SB 530 – Medicaid for Twelve Months Postpartum

SB 530 – Medicaid for Twelve Months Postpartum

Primary Senate Sponsors: Sen. Joyce Krawiec (R-Davie, Forsyth); Sen. Jim Burgin (R-Harnett, Johnston, Lee); Sen. Kevin Corbin (R-Cherokee, Clay, Graham, Haywood, Jackson, Macon, Swain)

Summary

This bill directs DHHS to implement the continued Medicaid eligibility of pregnant women for 12 months postpartum as allowed by the American Rescue Plan Act of 2021 and appropriates $12,344,000 in recurring funds for the 2021-2022 fiscal year and $50,816,000 in recurring funds for the 2022-2023 fiscal year to the Division of Health Benefits to implement the change.

This bill also states the General Assembly’s intent to provide a tuition and registration fee waiver for women eligible for Medicaid under this law under a future program.

Movement

Filed – 4/5/2021


SB 523 – Broadband Affordability Program/Digital Equity

SB 523 – Broadband Affordability Program/Digital Equity

Primary Senate Sponsors: Sen. Kirk deVire (D-Cumberland); Sen. Jay Chaudhuri (D-Wake); Sen. Valerie Foushee (D-Chatham, Orange)

Summary

This bill establishes the North Carolina Broadband Assistance Program, a program within the Department of Commerce charged with ensuring the affordability of broadband service to low-income families. This bill also appropriates $250M in nonrecurring funds for the 2021-2022 fiscal year to the Department to be used for the program.

Movement

Filed – 4/5/2021


SB  520 – Respiratory Care Modernization Act

SB  520 – Respiratory Care Modernization Act

Primary Senate Sponsors: Sen. Jim Perry (R-Lenoir, Wayne); Sen. Joyce Krawiec (R-Davie, Forsyth); Sen. Jim Burgin (R-Harnett, Johnston, Lee)

Summary

This bill:

  • Defines the practice of advanced practice respiratory therapy.
  • Creates the NC Respiratory Care Board and establishes the Board’s membership and powers and duties.
  • Permits the Board to waive certain statutory requirements during a declared state of emergency in order to permit the provision of drugs, devices, and professional services to the public.
  • Sets out the requirements for licensure as an advanced respiratory care practitioner.
  • Requires a subcommittee of the Respiratory Care Board to work with a subcommittee of the NC Medical Board to develop rules to govern the performance of medical acts by advanced respiratory care practitioners.
  • Authorizes advanced respiratory care practitioners to practice advanced respiratory care under the supervision of a physician under certain specified conditions.
  • Authorizes advanced respiratory care practitioners with prescriptive and dispensing authorization to order medications, tests, and treatments under certain specified conditions, including that the practitioner’s supervising physician has provided the practitioner written instructions for ordering, procuring, dispensing, changing, or substituting drugs.

Movement

Filed – 4/5/2021


SB 518 – Protecting and Supporting NC’s Children

SB 518 – Protecting and Supporting NC’s Children

Primary Senate Sponsors: Sen. Sydney Batch (D-Wake); Sen. Jim Burgin (R-Harnett, Johnston, Lee); Sen. Chuck Edwards (R-Buncombe, Henderson, Transylvania)

Summary

This bill makes a series of amendments to various abuse, neglect, and dependency laws, including a provision appropriating $250K in recurring funds for the 2021-2023 fiscal biennium to DHHS to create 7 regional abuse and medical specialists to provide specialized guidance to the child welfare workforce in the management of high-risk child welfare cases that overlap with medical issues. The bill requires DHHS to collaborate with the NC Child Medical Evaluation Program in the University of North Carolina School of Medicine to hire, train, and oversee these positions.

Movement

Filed – 4/5/2021

 


SB 517 – Innovative Statewide Broadband Infrastructure

SB 517 – Innovative Statewide Broadband Infrastructure

Primary Senate Sponsors: Sen. Paul Newton (R-Cabarrus, Union); Sen. Jay Chaudhuri (D-Wake)

 

 

Summary

This bill:

  • Requires the Department of Information Technology to prepare and maintain statewide broadband maps to identify the capabilities and needs related to broadband access and to serve as the sole provider of broadband mapping for State agencies.
  • Appropriates $1M in nonrecurring funds for the 2021-2021 fiscal year to DIT to be used for broadband mapping.
  • Appropriates $25K for the 2020-2021 fiscal year to NC State University to be allocated to the Institute for Emerging Issues to host a structured stakeholder process to ascertain ways to relieve regulatory burdens to expedite broadband expansion.

Movement

Filed – 4/5/2021


SB 516 – Extended Group Coverage/Employee Deceased

SB 516 – Extended Group Coverage/Employee Deceased

Primary Senate Sponsors: Sen. Jay Chaudhuri (D-Wake); Sen. Sarah Crawford (D-Franklin, Wake)

Summary

This bill allows continuation of insurance under a group health insurance policy for 36 months after the date the employee’s/member’s insurance under the policy would have otherwise terminated due to the death of the covered employee.

Movement

Filed – 4/5/2021


SB 515 – Health Care Heroes Conscience Protection Act

SB 515 – Health Care Heroes Conscience Protection Act

Primary Senate Sponsors: Sen. Ralph Hise (R-Madison, McDowell, Mitchell, Polk, Rutherford, Yancey); Sen. Warren Daniel (R-Avery, Burke, Caldwell); Sen. Norman Sanderson (R-Carteret, Craven, Pamlico)

Summary

This bill:

  • Defines “conscience” as “the religious, moral, or ethical beliefs or principles held by any medical practitioner, health care institution, or health care payer” and/or “any published religious, moral, or ethical guidelines or directives, mission statements, articles of incorporation, bylaws, policies, or regulations published or created by institutional entities or corporate bodies.
  • States that all medical providers, health care institutions, and health care payers have the right not to participate in or pay for any health care service which violates his, her, or its conscience.
  • Provides civil, criminal, and administrative immunity for any provider, institution, or payer exercising his, her, or its right of conscience not to participate in or pay for a health care service.
  • Prohibits discrimination against any provider, institution, or payer for refusing to participate in or pay for a health care service on the basis of conscience.
  • Provides an exemption allowing any provider, institution, or payer that holds itself out to the public as religious, states in its governing documents that it has a religious purpose or mission and has internal operating policies and procedures that implement its religious beliefs to have the right to make employment, staffing, contracting, and admitting privilege decisions consistent with its religious beliefs.

Movement

Filed – 4/5/2021

 


SB 514 – Youth Health Protection Act

SB 514 – Youth Health Protection Act

Primary Senate Sponsors: Sen. Ralph Hise (R-Madison, McDowell, Mitchell, Polk, Rutherford, Yancey); Sen. Warren Daniel (R-Avery, Burke, Caldwell); Sen. Norman Sanderson (R-Carteret, Craven, Pamlico)

Summary

This bill:

  • Prohibits any individual from engaging in any of the following practice upon a minor to facilitate the minor’s desire to present or appear in a manner that is inconsistent with the minor’s sex: (1) performing surgeries that sterilize; (2) performing a mastectomy; (3) administering or supplying certain specified medications; and (4) removing any otherwise healthy or nondiseased body part or tissue.
  • States that any medical professional who engages in any of the prohibited acts will be considered to have engaged in unprofessional conduct and will be subject to licensure revocation and other appropriate discipline and will also be subject to a civil penalty of up to $1K per occurrence.
  • States that it is unlawful for any health care provider that receives State funds to furnish, provide, or perform any health care service that constitutes the performance of or preparation for a gender transition procedure to a minor.
  • Permits parents, guardians, and/or custodians to withhold consent for any treatment, activity, or mental health services designed and intended to form their child’s conceptions of sex and gender or to treat gender dysphoria or gender nonconformity.
  • Prohibits the use of State funds for the performance of gender transition procedures or to support the administration of any governmental health plan or government-offered insurance policy offering gender transition procedures.

Movement

Filed – 4/5/2021


SB 505 – Medical Billing Transparency

SB 505 – Medical Billing Transparency

Primary Senate Sponsors: Sen. Joyce Krawiec (R-Davie, Forsyth); Sen. Jim Burgin (R-Harnett, Johnston, Lee); Sen. Jim Perry (R-Lenoir, Wayne)

Summary

This bill:

  • Requires all contracts for participation as an in-network health services facility between an insurer offering health benefit plans and a health services facility at which there are out-of-network providers who may be part of the provision of services to an insured to require the facility to provide at least 72 hours’ advanced written notification to an insured that has scheduled an appointment at the facility of any out-of-network provider who will provide health care services to the insured.
  • Requires facilities to provide written notice to the insured on the day the appointment is scheduled if there is not at least 72 hours between the scheduling of the appointment and the appointment.
  • Requires the facility to provide written notice to the insured as soon as reasonably possible in the case of emergency services.
  • Requires the written notice to provide an estimated cost to the insured of the services being rendered by out-of-network providers.
  • Allows an insurer to recover related overpayments made to any provider/facility by making demands for refunds from the insured, the provider, or the facility.

Movement

Filed – 4/5/2021


SB 655 – State Implicit Bias Training Initiative

SB 655 – State Implicit Bias Training Initiative

Primary Senate Sponsors: Sen. Joyce Waddell (D-Mecklenburg)

Summary

This bill requires the Legislative Services Commission and the State Human Resources Commission to establish an annual training program on implicit bias for legislators, legislative employees, and state employees.

Movement

Filed – 4/6/2021


SB 648 – State Employees/Paid Parental Leave

SB 648 – State Employees/Paid Parental Leave

Primary Senate Sponsors: Sen. Jay Chaudhuri (D-Wake); Sen. Sydney Batch (D-Wake); Sen. Danny Earl Britt, Jr. (R-Columbus, Robeson)

Summary

This bill provides up to 8 weeks of fully paid parental leave for state employees.

Movement

Filed – 4/6/2021


SB 646 – Marijuana Justice Reinvestment Act

SB 646 – Marijuana Justice Reinvestment Act

Primary Senate Sponsors: Sen. Jay Chaudhuri (D-Wake); Sen. Mike Woodard (D-Durham, Granville, Person); Sen. Valerie Foushee (D-Chatham, Orange)

Summary

This bill:

  • Sets out a series of definitions related to cannabis.
  • Establishes the Office of Social Equity and several funds within the Department of Public Safety, including the Social Equity Fund and the Cannabis Education and Technical Assistance Fund.
  • Establishes duties of the Office of Social Equity.
  • Authorizes the personal use and possession of cannabis for persons 21 years of age or older.
  • Establishes certain restrictions on the personal cultivation of cannabis plants.
  • Prohibits public smoking of cannabis.
  • Prohibits the consumption of cannabis while operating a moving vehicle.
  • Establishes the Normal Carolina Medical Cannabis Act.
  • Provides protections for patients and caregivers related to the possession or purchase of cannabis for medical use by the patient in specified circumstances.
  • Requires DHHS to issue a registry identification card to patients or designated caregiver who meets specified criteria.
  • Requires the Medical Care Commission to define what constitutes a qualifying medical condition and an adequate supply of medical cannabis, establish requirements for the issuance of registry identification cards to patients and caregivers, and other rules as necessary.
  • Requires a written certification of a statement in a patient’s medical records or a statement signed by a physician indicating that, in the physician’s professional opinion, the patient is likely to receive therapeutic or palliative benefit from the medical use of cannabis to treat of alleviate the patient’s qualifying medical condition or symptoms associated with the qualifying medical condition.

Movement

Filed – 4/6/2021

 


SB 638 – PFAS Manufacture/Use/Sale Ban

SB 638 – PFAS Manufacture/Use/Sale Ban

Primary Senate Sponsors: Sen. Michael Garrett (D-Guilford); Sen. Mike Woodard (D-Durham, Granville, Person); Sen. Julie Mayfield (D-Buncombe)

Summary

This bill prohibits any person from knowingly manufacturing, using, processing, or distributing any PFAS and PFAS-containing products within the State, establishes civil penalties for the violation of the prohibition, and appropriates $100K in nonrecurring funds for the 2021-2022 fiscal year to the Department of Environmental Quality to fund additional monitoring and enforcement activities to address PFAS contamination in the State.

Movement

Filed – 4/6/2021


SB 637 – Guilford County Mental Health Facility/Funds

SB 637 – Guilford County Mental Health Facility/Funds

Primary Senate Sponsors: Sen. Michael Garrett (D-Guilford); Sen. Gladys Robinson (D-Guilford)

Summary

This bill appropriates $3.85M in nonrecurring funds for the 2021-2022 fiscal year and $3.85 in nonrecurring funds for the 2022-2023 fiscal year to the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services to be used to provide funds to Guilford County for the construction of a facility-based mental health crisis center to serve adults in Guildford County.

Movement

Filed – 4/6/2021