2009 Legislative Session

These bills are the result of the 2009 Legislative Session.

Bill Number and Title Description Affected Section(s)
H436 Fairness CON Determination/Quality of Life Improvements Exempts from Certificate of Need (CON) review certain capital expenditures for Nursing Homes, Adult Care Homes, and Intermediate Care Facilities for the mentally retarded that entail innovative renovations and expansions to improve the quality of life. CON
H456 Technical & Organizational Changes/Certain DHHS Licensed Facilities Makes technical and organizational changes to the law regarding the licensure and inspection of facilities for aged and disabled individuals. Adult Care
H878 EMS Personnel/Recovery Rehabilitation/N.C. Physicians Health Program Authorizes the Secretary of DHHS to identify programs for aiding in the recovery and rehabilitation of Emergency Medical Services (EMS) personnel with chemical addiction or abuse and to make changes to the North Carolina Physicians Health Program. EMS
H994 Wilson Housing Authority-Aging in Place Directs DHHS to advise the Housing Authority of the city of Wilson on the requirements for registration as a multiunit assisted housing with services program and on the requirements for licensure as a home care agency in order to assist the Housing Authority with their efforts to help individuals age in place. Adult Care
H1186 DHHS/ Update Current Inspection Practices Authorizes county Departments of Social Services to conduct follow-up monitoring of adult care homes. Adult Care
H1297 Provider Credentials/Insurer/
Provider Contract
Clarifies a CON exemption criterion; and modifies inspection practices of certain hospital outpatient locations. CON
H1309 Traumatic Brain Injury (TBI) Residential Treatment Facilities/TBI Council Directs the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (MH/DD/SAS) to adopt rules providing for the licensure and accreditation of residential treatment facilities for people with traumatic brain injury and to make changes to the North Carolina Traumatic Brain Injury Advisory Council. Mental Health
S804 CON Changes Makes changes to CON law with respect to time lines for issuance of a certificate of need; to modify bond requirements for appeals; to prohibit the approval of a CON for certain types of Emergency Departments for a specified time period; and to require DHHS to study the licensure of hospital-based off-site Emergency Departments. CON
Health Planning
Acute and Home Care
S884 Amend Cigarette Safety Standard/DHHS Electronic Supervision Directs DHHS, DHSR, to establish a pilot program to study alternative staffing requirements for facilities that use electronic supervision devices and to direct the commission for MH/DD/SAS to adopt rules establishing acceptable electronic supervision standards and related personnel requirements at facilities for children and adolescents who have a primary diagnosis of mental illness and/or emotional disturbance. Mental Health Licensure
S633 Stipulation for final decision by Office of Administrative Hearings Allows an administrative law judge to make the final decision in a contested case when the disposition of the case has been agreed upon by the parties. Adult Care
Mental Health
S202 Appropriations Act of 2009 Base budget appropriations for current operations of state departments, institutions, and agencies, and for other purposes. Increases license renewal fees, creates fees for initial licenses and provides for the Institute of Medicine to study mixed populations in adult care homes. All Sections
H996 Replace DHHS with UNC Poverty-Adult Care Home/Public Housing Study Repeals a requirement that DHHS study the feasibility of operating a licensed Adult Care Home in a public housing facility and to direct the UNC Center on Poverty, Work and Opportunity to conduct the study. Adult Care
H945 The Studies Act of 2009 Provides for studies by the Legislative Research Commission, Statutory Oversight Committees and Commissions, and other agencies, committees, and commissions. Two studies identified related to DHSR are the study of the statewide trauma system and the study of requiring long-term care facilities to require drug testing of all applicants for employment and employees. EMS
Adult Care
Mental Health
Nursing Homes