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 (PDF, 19 KB) 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 (PDF, 73 KB) 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 (PDF, 20 KB) 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 (PDF, 14 KB) 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 (PDF, 17 KB) Authorizes county Departments of Social Services to conduct follow-up monitoring of adult care homes. Adult Care
H1297 Provider Credentials/Insurer/
Provider Contract (PDF, 27 KB)
Clarifies a CON exemption criterion; and modifies inspection practices of certain hospital outpatient locations. CON
Construction
H1309 Traumatic Brain Injury (TBI) Residential Treatment Facilities/TBI Council (PDF, 25 KB) 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 (PDF, 22 KB) 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
Construction
S884 Amend Cigarette Safety Standard/DHHS Electronic Supervision (PDF, 21 KB) 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 (PDF, 15 KB) 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
CON
HCPR
Mental Health
S202 Appropriations Act of 2009 (PDF, 988 KB) 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 (PDF, 15 KB) 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
Construction
H945 The Studies Act of 2009 (PDF, 127 KB) 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

These bills are the result of the 2008 Short Legislative Session.

Bill Number and Title Description Affected Section(s)
H93 - Wheelchair Transportation Study (PDF, 11 KB) Directs the Department of Transportation to study issues relating to individuals being transported in vehicles while seated in wheelchairs. Adult Care
Nursing Home
Mental Health
H964 - Expand the Definition of Home Care Services (PDF, 20 KB) Expands the definition of home care services to include In‑Home Companion, Sitter, and Respite Care services provided to an individual and increases the annual license fee for home care agencies to $400. Fee increase effective January 1, 2009 and service definition effective January 1, 2010. Acute and Home Care
H1113 - Public Duty Doctrine as Affirmative Defense (PDF, 16 KB) The act limits the use of the public duty doctrine as an affirmative defense for claims under the state tort claims act in which the injuries of the claimant are the result of the alleged negligent failure of certain parties to protect claimants from the action of others. All
H2409 - Multiunit Assisted housing with services (PDF, 15 KB) Establishes a registration fee of $350 as well as penalties for failure to register. Act takes effect on January 1, 2010. Adult Care
H2431 - Legislative Study Bill (PDF, 126 KB) Section 2.11. Certificate of Need Process and its Impact on the Availability of Local Health Care Services. CON
Part XIII. Department of Health and Human Services to study the feasibility of operating a licensed adult care home in a public housing facility. Adult Care
Part XIV. Direct the Department of Health and Human Services to study issues relating to respite care. Adult Care
Part XXXI. North Carolina Institute of Medicine to study issues relating to access to health care. CON and Medical Facilities Planning
Part XXXIV. Continue the Joint Legislative Study Committee on Emergency Preparedness and Disaster Management Recovery. OEMS
Session Law 2008-107 Budget Act (PDF, 883 KB) Section 29.5.(a) Increases fees for departmental review of licensed health care facility or Medical Care Commission bond‑financed construction projects. Increase effective July 20, 2008. Construction

These bills are the result of the 2007 Legislative Session.

Bill Number and TitleDescriptionAffected Section(s)
S56 - Adult Care Penalty Review Committee, HCPR Expansion and Adult Care Rating System (PDF, 35 KB) The Bill amends the penalty review committee process, expands the Health Care Personnel Registry and authorizes the Medical Care Commission to adopt rules allowing the issuance of rated certificates to adult care homes. Adult Care
Health Care Personnel Registry
H535 - EMS Criminal Background Reviews (PDF, 16 KB) The Bill authorizes criminal background reviews for current and future EMS personnel. OEMS
H634 - Advance Directives (PDF, 114 KB) The Bill clarifies the right to make advance directives and to designate health care agents; and improves and simplifies the means of making these directives and designations. OEMS
H720 - Name Change for DFS (PDF, 12 KB) The Bill changes the name of the Division of Facility Services and the Commission for Health Services to better reflect the functions and duties performed by the division and the commission. All
S748 - Extend Restriction on Home Care Licenses (PDF, 11 KB) The Bill directs DHHS to extend the restriction on the issuing of licenses for home care agencies by one year (expires January 1, 2009). Acute and Home Care
H772 - Licensure Changes (PDF, 30 KB) The Bill authorizes the Secretary of the Department of Health and Human Services to suspend admissions or services in hospitals as part of taking adverse action against a hospital's license; to allow for the waiver of hospital licensure rules during an emergency; to allow criminal background checks of employees of licensed mental health facilities by private entities; and to require fines to be paid prior to transfer of ownership of adult care homes. Acute and Home Care
Mental Health
Adult Care
H1294 - An act to prohibit smoking inside long-term care facilities. This Bill prohibits the use or possession of any lighted cigarette, cigar, pipe or other lighted smoking product inside adult care homes, nursing homes, skilled nursing facilities and other licensed facilities that provide long-term care services. Acute and Home Care
Adult Care
Nursing Home
Mental Health
Session Law 2007-323 H1473 State Budget Bill (PDF, 1.14 MB) Section 30.4 changes the fee schedule for CON applications effective October 1, 2007.
Section 30.5 changes the fee schedule for Construction Reviews effective October 1, 2007.
CON
Construction