North Carolina § 131E-1 - Definitions.

§ 131E-1. Definitions.

As used in this Chapter, unless the context clearly indicates otherwise: "Department" means the Department of Health and Human Services. "Person" means an individual, trust, estate, partnership, or corporation including associations, joint-stock companies, and insurance companies. History (1983, c. 775, s. 1; 1997-443, s. 11A.118(a).) Cross References. - As to criminal provisions for patient abuse and neglect, see G.S. 14-32.2 . Funds for Case Management Pilot Program. - Session Laws 2017-57, s. 11F.5A, provides: "It is the intent of the General Assembly to reduce avoidable emergency department readmissions and emergency department boarding times among individuals with behavioral health needs. To that end, of the funds appropriated to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, the sum of two million dollars ($2,000,000) in nonrecurring funds for the 2017-2018 fiscal year shall be allocated for the development and establishment of a two-year pilot program at a hospital in Wake County to support a hospital-based, comprehensive community case management program. The Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, in consultation with LME/MCOs responsible for the management and provision of mental health, developmental disabilities, and substance abuse disorder services in Wake County under the 1915(b)/(c) Medicaid Waiver, shall oversee the development and establishment of the pilot program to ensure it is designed to reduce avoidable emergency department readmissions and emergency department boarding times among individuals with behavioral health needs. The pilot program shall be conducted at the hospital in Wake County with the largest number of emergency department visits that agrees to participate in the two-year pilot program authorized by this subsection. "By December 1, 2020, the Department shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division evaluating the effectiveness of the pilot program in reducing avoidable emergency department readmissions and emergency department boarding times among individuals with behavioral health needs." Editor's Note. - Session Laws 1983, c. 775, repealed Chapters 131 and 131B and certain sections of Chapter 130 , and enacted in their place a new Chapter 131E . Where appropriate, the historical citations to the repealed sections have been added to corresponding sections in new Chapter 131E . Session Laws 2013-365, s. 9(a)-(e), provides: "(a) Definitions. - 'Electrical Requirements Rule' means 10A NCAC 13B.6227 (Licensing of Hospitals: Electrical Requirements) for purposes of this section and its implementation. "(b) Electrical Requirements Rule. - Until the effective date of the revised permanent rule that the Medical Care Commission is required to adopt pursuant to Section 9(c) of this act, the Commission and the Department of Health and Human Services shall implement the Electrical Requirements Rule, as provided in Section 9(c) of this act. "(c) Implementation. - Notwithstanding subdivision (2) of subsection (f) of the Electrical Requirements Rule, the Commission shall authorize facilities licensed by the Department to use bi-fuel generators that operate with both liquid fuel and natural gas (methane) that is not stored on the site, provided that the natural gas is delivered via pipe or pipeline by a natural gas utility. These bi-fuel generators shall be exempt from liquid fuel capacity standards established by the Commission. Bi-fuel generators that operate on both liquid and other gaseous fuels, including propane and butane, that are stored on the site shall also be authorized, provided that the combined capacity of both liquid and gaseous fuels meet minimum on-site fuel requirements established by the Commission. The Commission may adopt rules to require a licensed facility with a bi-fuel generator to develop a contingency plan for liquid fuel delivery onto the site in the event of a natural gas (methane) supply disruption. "(d) Additional Rule-Making Authority. - The Commission shall adopt a rule to replace the Electrical Requirements Rule. Notwithstanding G.S. 150B-19(4) , the rule adopted by the Commission pursuant to this section shall be substantively identical to the provisions of Section 9(c) of this act. Rules adopted pursuant to this section are not subject to Part 3 of Article 2A of Chapter 150B of the General Statutes. Rules adopted pursuant to this section shall become effective as provided in G.S. 150B-21.3(b1) as though 10 or more written objections had been received as provided by G.S. 150B-21.3(b2) . "(e) Effective Date. - Subsection (b) of this section expires when permanent rules to replace subsection (b) of this section have become effective, as provided by subsection (c) of this section." Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-88, s. 2(a), (b), provides: "(a) The Department of Health and Human Services shall conduct a study to (i) identify rural hospitals that desire to be designated as new teaching hospitals by the Centers for Medicare and Medicaid Services; (ii) determine the technical assistance those hospitals require in order to be designated as new teaching hospitals by the Centers for Medicare and Medicaid Services; and (iii) calculate the expected cost for those hospitals to be designated as new teaching hospitals by the Centers for Medicare and Medicaid Services. In conducting this study, the Department shall engage external professionals with experience and expertise in the establishment of new teaching programs, expanding existing programs, and maximizing the effectiveness of funding for medical education, particularly in rural areas. The study shall examine at least all of the following: "(1) Expansion of graduate medical education payments to outpatient costs and services. "(2) Modifications to cost-finding and reimbursement formulas that incentivize rural hospitals to participate in education programs. "(3) Options in physician reimbursement to incentivize participation, including a graduate medical education or geographic add-on for rural areas of the State. "(4) Any other issues the Department deems appropriate. "(b) The Department shall provide an interim report of its findings to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Medicaid and NC Health Choice by October 1, 2018. The Department shall submit a final report to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Medicaid and NC Health Choice by October 1, 2019." Session Laws 2020-3, s. 3A.1(a), provides: "Unless the context clearly indicates otherwise, the following definitions apply in this Part: "(1) CDC. - The federal Centers for Disease Control and Prevention. "(2) COVID-19. - Coronavirus disease 2019. "(3) COVID-19 diagnostic test. - A test the federal Food and Drug Administration has authorized for emergency use or approved to detect the presence of the severe acute respiratory syndrome coronavirus 2. "(4) COVID-19 emergency. - The period beginning March 10, 2020, and ending on the date the Governor signs an executive order rescinding Executive Order No. 116, Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID-19. "(5) COVID-19 antibody test. - A serological blood test the federal Food and Drug Administration has authorized for emergency use or approved to measure the amount of antibodies or proteins present in the blood when the body is responding to an infection caused by the severe acute respiratory syndrome coronavirus 2." Session Laws 2020-3, s. 3E.3(a)-(c), provides: "(a) Notwithstanding any provision of Article 2 of Chapter 122C , Articles 1 and 3 of Chapter 131D , and Chapter 131E of the General Statutes, or any other provision of law to the contrary, the Department of Health and Human Services, Division of Health Service Regulation, and as applicable, local departments of social services, shall suspend all annual and biennial inspections and regular monitoring requirements for licensed facilities under Article 2 of Chapter 122C of the General Statutes, Articles 1 and 3 of Chapter 131D of the General Statutes, and Articles 5, 6, and 10 of Chapter 131E of the General Statutes, and provisions within any rules adopted under these chapters that pertain to the Department or DHSR monitoring, inspection, or investigative requirements, except (i) as DHSR deems necessary to avoid serious injury, harm, impairment, or death to employees, residents, or patients of these facilities or (ii) as directed by the Centers for Medicare and Medicaid Services. "(b) DHSR shall review the compliance history of all facilities licensed under Article 2 of Chapter 122C of the General Statutes and Article 1 of Chapter 131D of the General Statutes that were determined to be in violation, assessed penalties, or placed on probation within the six-month period preceding the beginning of the COVID-19 emergency, for noncompliance with rules or statutes or Centers for Disease Control and Prevention guidelines regarding infection control or the proper use of personal protective equipment. DHSR shall require employees of these facilities to undergo immediate training designated by DHSR about infection control and the proper use of personal protective equipment. The training required by this section may be conducted online, by video conference, or in such manner as DHSR determines appropriate under the circumstances. "(c) This section is effective when it becomes law [May 4, 2020] and expires 60 days after Executive Order No. 116 is rescinded, or December 31, 2020, whichever is earlier." Session Laws 2020-3, s. 5, is a severability clause. Legal Periodicals. - For note, "Health Care's Other 'Big Deal': Direct Primary Care Regulation in Contemporary American Health Law," see 66 Duke L.J. 1331 (2017).