GENERAL ASSEMBLY OF NORTH CAROLINA
SENATE DRS35118-MG-47B (02/23)
Short Title: Repeal CON and COPA Laws.
Senator Apodaca (Primary Sponsor).
A BILL TO BE ENTITLED
AN ACT REPEALING north carolina's CERTIFICATE OF NEED and certificate of public advantage LAWS.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 6‑19.1(a) reads as rewritten:
"(a) In any civil action, other than an adjudication for the purpose of establishing or fixing a rate, or a disciplinary action by a licensing board, brought by the State or brought by a party who is contesting State action pursuant to G.S. 150B‑43 or any other appropriate provisions of law, unless the prevailing party is the State, the court may, in its discretion, allow the prevailing party to recover reasonable attorney's fees, including attorney's fees applicable to the administrative review portion of the case, in contested cases arising under Article 3 of Chapter 150B, to be taxed as court costs against the appropriate agency if:
(1) The court finds that the agency acted without substantial justification in pressing its claim against the party; and
(2) The court finds that there are no special circumstances that would make the award of attorney's fees unjust. The party shall petition for the attorney's fees within 30 days following final disposition of the case. The petition shall be supported by an affidavit setting forth the basis for the request.
Nothing in this section shall be deemed to authorize the
assessment of attorney's fees for the administrative review portion of the case
in contested cases arising under Article 9 of Chapter 131E of the General
Nothing in this section grants permission to bring an action against an agency otherwise immune from suit or gives a right to bring an action to a party who otherwise lacks standing to bring the action.
Any attorney's fees assessed against an agency under this section shall be charged against the operating expenses of the agency and shall not be reimbursed from any other source."
SECTION 1.(b) Subsection (a) of this section applies to contested cases arising on or after January 1, 2017.
SECTION 2. G.S. 58‑50‑61 reads as rewritten:
"§ 58‑50‑61. Utilization review.
(a) Definitions. – As used in this section, in G.S. 58‑50‑62, and in Part 4 of this Article, the term:
(7a) "Health service facility" means a hospital; long‑term care hospital; psychiatric facility; rehabilitation facility; nursing home facility; adult care home; kidney disease treatment center, including freestanding hemodialysis units; intermediate care facility for the mentally retarded; home health agency office; chemical dependency treatment facility; diagnostic center; hospice office, hospice inpatient facility, and hospice residential care facility; and ambulatory surgical facility.
(8) "Health care provider" means any person
who is licensed, registered, or certified under Chapter 90 of the General
Statutes or the laws of another state to provide health care services in the
ordinary care of business or practice or a profession or in an approved
education or training program; a health care facility as defined in
this section or the laws of another state to operate as a health
care facility; or a pharmacy.
SECTION 3. G.S. 58‑55‑35 reads as rewritten:
"§ 58‑55‑35. Facilities, services, and conditions defined.
(a) Whenever long‑term care insurance provides coverage for the facilities, services, or physical or mental conditions listed below, unless otherwise defined in the policy and certificate, and approved by the Commissioner, such facilities, services, or conditions are defined as follows:
shall be defined in
accordance with the terms of G.S. 131E‑176(13a).means any
coordinated program of home care with provision for inpatient care for
terminally ill patients and their families. This care is provided by a
medically directed interdisciplinary team, directly or through an agreement under
the direction of an identifiable hospice administration. A hospice program of
care provides palliative and supportive medical and other health services to
meet the physical, psychological, social, spiritual, and special needs of
patients and their families, which are experienced during the final stages of
terminal illness and during dying and bereavement.
(11) "Intermediate care facility for the mentally
shall be defined in accordance with the terms of G.S. 131E‑176(14a).means
facilities licensed pursuant to Article 2 of Chapter 122C of the General
Statutes for the purpose of providing health and habilitative services based on
the developmental model and principles of normalization for persons with mental
retardation, autism, cerebral palsy, epilepsym, or related conditions.
SECTION 4. G.S. 90‑21.36(b) reads as rewritten:
"(b) Nothing in this Article shall exempt
physicians or others from compliance with
State or federal laws
governing certificate of need, licensure, or other regulatory requirements."
SECTION 5. G.S. 122C‑23.1(e) reads as rewritten:
"(e) As used in this section, "residential
treatment facility" means a "residential facility" as defined in
and licensed under this
Chapter, but not subject to Certificate of Need
requirements under Article 9 of Chapter 131E of the General Statutes.Chapter."
SECTION 6. G.S. 131E‑13(a)(1) reads as rewritten:
"(1) The corporation shall continue to provide the
same or similar clinical hospital services to its patients in medical‑surgery,
obstetrics, pediatrics, outpatient and emergency treatment, including emergency
services for the indigent, that the hospital facility provided prior to the
lease, sale, or conveyance. These services may be terminated only
prescribed by Certificate of Need Law prescribed in Article 9 of Chapter 131E
of the General Statutes, or, if Certificate of Need Law is inapplicable, by
review procedure designed to guarantee public participation pursuant to rules
adopted by the Secretary of the Department of Health and Human Services."
SECTION 7. G.S. 131E‑136(4) reads as rewritten:
"(4) "Home health agency" means a home
care agency which is certified to receive Medicare and Medicaid reimbursement
for providing nursing care, therapy, medical social services, and home health
aide services on a part‑time, intermittent
basis as set out in G.S. 131E‑176(12),
and is thereby also subject to Article 9 of Chapter 131E.basis."
SECTION 8. G.S. 148‑19.1 reads as rewritten:
licensure and certificate of need.licensure. (a) Inpatient chemical dependency or substance
abuse facilities that provide services exclusively to inmates of the Division
of Adult Correction of the Department of Public Safety shall be exempt from
licensure by the Department of Health and Human Services under Chapter 122C of
the General Statutes. If an inpatient chemical dependency or substance abuse
facility provides services both to inmates of the Division of Adult Correction
of the Department of Public Safety and to members of the general public, the
portion of the facility that serves inmates shall be exempt from licensure. (b) Any person who contracts to provide
inpatient chemical dependency or substance abuse services to inmates of the
Division of Adult Correction of the Department of Public Safety may construct
and operate a new chemical dependency or substance abuse facility for that
purpose without first obtaining a certificate of need from the Department of
Health and Human Services pursuant to Article 9 of Chapter 131E of the General
Statutes. However, a new facility or addition developed for that purpose
without a certificate of need shall not be licensed pursuant to Chapter 122C of
the General Statutes and shall not admit anyone other than inmates unless the
owner or operator first obtains a certificate of need."
SECTION 9. Article 1E of Chapter 90 of the General Statutes, Article 9 and Article 9A of Chapter 131E of the General Statutes, G.S. 130A‑45.02(i), 150B‑2(8a)k., 150B‑21.1(6), and 165‑47 are repealed.
SECTION 10. This act becomes effective January 1, 2017.