HB 250 – Dept. of Health and Human Services Revisions

Primary Sponsors: Rep. Josh Dobson (R-Avery), Rep. Donny Lambeth (R-Forsyth), Rep. Larry Potts (R-Davidson), Rep. Mary Ann Black (D-Durham)

Bill Summary

Medicaid Subrogation Rights

This bill clarifies that a Medicaid beneficiary or beneficiary’s guardian can claim injury or action. If the beneficiary has claims against more than one 3rd party related to the same injury, than the amount received in payment of the claim shall reduce the total balance of the Medicaid claim applicable to subsequent recoveries.

Child Support Program Compliance

The bill adds an electronic communications and internet service providers to the DHHS compliance requirements.

Foster Care/Child Care Compliance

The bill requires criminal history record checks by the NC State Bureau of Investigation for occupational licensing employees of child care institutions. If the position falls into another category, there must be a check of the NC Sex Offender Registry and the NC Responsible Individuals List.

The bill gives DHHS the authority to take action against a child care institution’s license for violation of this section.

Assisted Living Compliance

The bill states that an assisted living administrator must not have any record of neglect, abuse, misappropriation of property, diversion of drugs or fraud listed on the Health Care Personnel Registry.

Security Recordings

The bill states that a state facility would not be required to disclose security recordings to a client or a legally responsible person unless disclosure is required under federal law or compelled by a court.

State Consumer and Family Advisory Committee

The bill makes changes to the number of appointments to the State Consumer and Advisory Committee.

A proposed committee substitute was introduced to the committee on March 12, 2019. The bill made several changes to comply with federal law.

One change in the bill included not allowing nationality to be used in determining foster child care placement.

Bill Movement

This bill was filed on February 28, 2019.

This bill was referred to the following House Committees:

  • Health – passed March 12, 2019 (Committee Substitute)
  • Finance – passed April 3, 2019
  • Rules – passed April 8, 2019

This bill will now move to the House floor.