2013 Legislative Session

These bills are the result of the 2013 Legislative Session.

Bill Number and Title Description Affected Section(s)
S402 Appropriations Act- Certificate of Need (CON) exemption for replacement of previously approved equipment & facilities located on the main campus of a licensed health service facility. Receipts from CON fees will be reduced based on the exemption of hospitals from CON when replacing or improving of capital assets on the main campus.($150,513) R ($150,513) R Certificate of Need
S353 An Act to Modify Certain Laws Pertaining to Abortion The Department of Health and Human Services (Department) shall amend its rules pertaining to clinics certified by the Department to be suitable facilities for the performance of abortions under G.S. 14-45.1. The Department is authorized to apply any requirement for the licensure of ambulatory surgical centers to the standards applicable to clinics certified by the Department to be suitable facilities for the performance of abortions. Acute and Home Care, Construction
S353 An Act to Modify Certain Laws Pertaining to Abortion The Department of Health and Human Services, Division of Health Service Regulations, shall study what resources the Division needs to adequately enforce regulations for clinics certified by the Department to be suitable facilities for the performance of abortions. By April 1, 2014, the Department shall report the findings and any recommendations of this study to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division. Acute and Home Care
H467 An Act Requiring Health Care Facilities that Perform Mammography Examinations to Communicate Mammographic Breast Density Informaiton to Patients and to Make a Correction to a Statute Involving the Cancer Registry. All health care facilities that perform mammography examinations shall include in the summary of the mammography report, required by federal law to be provided to a patient, information that identifies the patient's individual breast density classification based on the Breast Imaging Reporting and Data System established by the American College of Radiology. If the facility determines that a patient has heterogeneously or extremely dense breasts, the summary of the mammography report shall include the following notice: Your mammogram indicates that you may have dense breast tissue. Dense breast tissue is relatively common and is found in more than forty percent (40%) of women. The presence of dense tissue may make it more difficult to detect abnormalities in the breast and may be associated with an increased risk of breast cancer. We are providing this information to raise your awareness of this important factor and to encourage you to talk with your physician about this and other breast cancer risk factors. Together, you can decide which screening options are right for you. A report of your results was sent to your physician. Acute and Home Care, Radiation Protection
H834 Health Care Cost Reduction and Transparency and Fair Health Care Billing and Collections Practices Amends proposed GS 131E-214.6(b), which requires each hospital, beginning with the quarter ending March 31, 2014, to provide DHHS with specified pieces of information about the 100 most frequently reported admissions by DRG for inpatients, clarifying that they must provide information on the five largest health insurers providing payment to the hospital on behalf of teachers and State employees in addition to insureds (previously, only provided for information to be submitted on insureds). Adds new language providing that a hospital is not required to report the information required by GS 131E-214.6(b) when the reporting of such information could reasonably lead to the identification of the people that were admitted to the hospital in violation of HIPAA regulations. Changes the date by which the NC Medical Care Commission (Commission) must adopt rules to ensure implementation of this requirement to March 1, 2014 Acute and Home Care
S402 Appropriations Act of 2013 Provides additional operating funds for 10 additional positions in the Acute and Home Care Licensure Section to investigate complaints, conduct surveys for uncredentialed hospitals and monitor abortion clinics on an annual basis. Total costs in FY 2013-14 are $845,776, with $761,198 in receipts resulting in an increased appropriation of $85,578. In FY 2014-15 total costs are $1,000,000, receipts $900,000 and appropriations $100,000. Acute and Home Care
S240 An Act Directing the Department of Health and Human Services and the North Carolina Medical Board to Develop Rules Governing Requests for and Release of Pathological Materials, as Recommended by the Legislative Research Commission on Pathological Materials. The Division of Health Service Regulation, Department of Health and Human Services (Department), shall adopt rules governing the procedures regarding the request for and release of pathological materials made to clinical laboratories within the jurisdiction of the Department. These rules shall be consistent with the North Carolina Hospital Association Best Practices Principles and the College of American Pathologists 2003 Professional Relations Manual and shall be developed in consultation with the North Carolina Medical Board to ensure consistency in procedures governing pathological materials. Acute and Home Care
S402 Appropriations Act of 2013 Three-year moratorium on special care unit licenses and review of current special care unit staffing requirements. Adult Care, Construction
H492 Direct the Department of Health and Human Services to Adjust Medicaid Personal Care Services (PCS) to Provide Additional Safeguards for Qualified Individuals Expands maximum PCS hours up to 80 for Medicaid eligible residents of adult care homes. Also requires all assessments for personal care services, continuation of service, and change of status reviews shall be performed by an independent assessment entity (IAE). The IAE shall not be an owner of a provider business or provider of personal care services of any type. Adult Care
S542 Require Long-Term Care Facilities to Require Applicants for Employment and Certain Employees to Submit to Drug Testing for Controlled Substances An offer of employment by an adult care home licensed under this Article to an applicant is conditioned on the applicant's consent to an examination and screening for controlled substances. An offer of employment by a nursing home licensed under this Part to an applicantis conditioned on the applicant's consent to an examination and screening for controlled substances. The examination and screening shall be conducted in accordance with Article 20 of Chapter 95 of the General Statutes. Adult Care
S456 Require the Department of Health and Human Services to Designate Qualified Hospitals as Stroke Centers, As Recommended by the Justus-Warren Heart Disease and Stroke Prevention Task Force The Department shall designate as a primary stroke center any hospital licensed under this Article that demonstrates to the Department that the hospital is certified by the Joint Commission or other nationally recognized accrediting body that requires conformance to best practices for stroke care in order to be identified as a primary stroke center. A hospital that is certified by the Joint Commission or other nationally recognized accrediting body that requires conformance to best practices for stroke care in order to be identified as a primary stroke center shall report the certification to the Department within 90 days of receiving that certification. A hospital shall inform the Department of any changes to its certification status within 30 days of any change. OEMS
H532 Make it a Crime to Operate an Ambulance, EMS Vehicle, Firefighting Vehicle, or Law Enforcement Vehicle Upon Any Highway, Street, or Public Vehicular Area Within the State While Consuming Alcohol or While Alcohol Remains in the Person's Body A person commits the offense of operating a school bus, school activity bus, or child care vehicle vehicle, ambulance, other emergency medical services vehicle, firefighting vehicle, or law enforcement vehicle after consuming alcohol if the person drives a school bus, school activity bus, or child care vehicle vehicle, ambulance, other emergency medical services vehicle, firefighting vehicle, or law enforcement vehicle upon any highway, any street, or any public vehicular area within the State while consuming alcohol or while alcohol remains in the person's body. This section does not apply to law enforcement officers acting in the course of, and within the scope of, their official duties." OEMS
S402 Appropriations Act Study/Allow Certified Nurse-Midwives Greater Flexibility in Practice of Midwifery Section 12I.2.(a) The Joint Legislative Oversight Committee on Health and Human Services shall appoint a subcommittee to study whether certified nurse-midwives should be given more flexibility in the practice of midwifery. In conducting the study, the subcommittee shall consider whether a certified nurse-midwife should be allowed to practice midwifery in collaboration with, rather than under the supervision of, a physician licensed to practice medicine under Article 1 of Chapter 90 of the General Statutes who is actively engaged in the practice of obstetrics. Section 12I.2.(b) The subcommittee shall report its findings and recommendations to the Joint Legislative Oversight Committee on Health and Human Services on or before April 1, 2014, at which time it shall terminate. N.C. Medical Care Commission
S402 Appropriations Act Eliminate Comprehensive Report on Medication-Related Errors in Nursing Homes Nursing Home
H74 Regulatory Reform Act of 2013 Improve and streamline the regulatory process in order to stimulate job creation, to eliminate unnecessary regulation All Sections
H892 Act to Amend the Administrative Procedure Act to Eliminate the Requirement that an Agency Prepare a Fiscal Note When Repealing a Rule If an agency proposes the repeal of an existing rule, the agency is not required to prepare a fiscal note on the proposed rule change as provided by this section All Sections