SB 361 – Health Care Expansion Act of 2019

SB 361 – Health Care Expansion Act of 2019

Primary Sponsors: Sen. Ralph Hise (R-Madison), Sen. Joyce Krawiec (R-Forsyth), Sen. Dan Bishop (R-Mecklenburg)

Bill Summary

Increase Innovations Waiver Slots

*This section was removed in the most recent version of the bill.

This bill would increase the NC Innovations waiver to increase the number of slots by 1,000 to be made available on January 1, 2020 with $10,250,000 in recurring funding for the 2019-20 fiscal year.

The bill increases 1,000 more slots to be made available by January 1, 2021 with $30,750,000 in recurring funding for the 2020-21 fiscal year.

CON Laws

(Sen. Krawiec (R-Forsyth) stated in Senate Rules on June 20, 2019 that this entire section would be removed through an amendment on the Senate floor.)

The original version of this bill removed all CON laws.

The bill now exempts the following facilities from CON laws:

  • psychiatric facilities
  • kidney disease treatment centers
  • intermediate care facilities
  • chemical dependency treatment facilities
  • diagnostic centers
  • ambulatory surgical centers

The bill also prevents limiting the number of operating rooms and gastrointestinal endoscopy rooms.

The bill also states that if a CON project is not completed in two years the certificate would expire and certificates issued to facilities that ceased to operate for more than a year would be withdrawn.

The bill states that home health agencies operated by continuing care retirement comunities would be exempt from CON review.

The bill requires ambulatory surgical centers to provide charity care in the amount of 4% collected revenue.

Psychology Licensure Compact

The bill includes the psychology interjurisdictional licensure compact. This portion also includes provisions relating to the practice of telepsychology.

Involuntary Commitment

The bill allows licensed marriage and family therapists to conduct first level examinations for involuntary commitment.

All Inclusive Care for Elderly

This bill exempt an entity for licensure if home care services are provided to a participant of the Program for All Inclusive Care for the Elderly through an organization that has an agreement with the Centers for Medicare and Medicaid Services.

Adult Care Home Inspections

This bill states that if an adult care home inspection is conducted separately from the required every 2 year inspection, the Division of Health Service Regulation shall not cite any violation that overlaps with an area addressed by the physical plant and life safety inspection unless failure to address the violation poses a risk to resident health or safety.

Bill Movement

This bill was filed on March 26, 2019.

This bill was referred to the following Committees:

  • Health Care
    • This bill was heard for discussion only on April 11, 2019.
    • This bill was calendared for May 2, 2019 but was removed.
    • A proposed committee substitute (PCS) was introduced in this committee on June 5, 2019 for discussion only.
      • The PCS removed the IDD slots language, includes more detailed language on the Certificate of Need provisions to specify what types of facilities would be exempt.
    • This bill passed on June 12, 2019.
  • Finance
    • This bill passed on June 13 2019.
  • Appropriations/Base Budget
    • This bill was withdrawn from this committee on June, 12, 2019.
  • Rules
    • Sen. Joyce Krawiec (R-Forsyth) stated that the entire section regarding CON would be removed on the Senate floor.
    • This bill passed on June 19, 2019, and will now move to the Senate floor.

This bill is calendared to be heard on the Senate floor on June 25, 2019.

House Committee Referrals:

  • Health
  • Rules

This bill passed the House with a vote of 115-2 on second reading on August 8, 2018. There was an objection to third reading and the bill will remain on the calendar.



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