HB 126 – Amend Certificate of Need Laws

*This bill was transformed into a new bill regarding amending Certificate of Need on June 26, 2019.

HB 126 – Amend Certificate of Need Laws

Bill Summary

This bill increases the monetary threshold for equipment for diagnostic centers (freestanding facility, program, or provider) from $500,000 to $1,500,000 and adjusted annually for medical inflation.

The bill removes kidney dialysis treatment centers, psychiatric beds, intermediate care beds for patients with intellectual and developmental disabilities, and chemical dependency treatment beds from CON requirements.

The bill increases the monetary threshold for equipment for major medical equipment from $750,000 to $2,000,000 and adjusted annually for medical inflation.

This bill increases the monetary threshold for capital expenditures for health facilities from $2 million to $4 million adjusted annually for medical inflation.

The bill also exempts certain home health agencies from certificate of need review.

***The amendment introduced on July 15, 2019 made the following changes in the bill:

  • Requires all initial applications and renewal applications for a facility offering surgical procedures to state the number of procedure rooms, and the number and type of procedures performed at the premises named in the application.
  • Establishes that a certificate of need that has not been used in 12 months will expire.
  • Requires projects over $50 million to start within 4 years. Projects $50 million or less will be required to start within 2 years.
  • Relaxes the requirement for rural health facilities receiving assistance for development of inpatient behavioral health beds to earmark space for state and LME/MCO patients (lowering that requirement from 50 percent to 25 percent).
  • Broadens the CON exemption for psychiatric beds.
  • Exempts kidney dialysis treatment centers, including hemodialysis units, from CON requirements if the facility is located within a county that has greater than 300,000 people (i.eMecklenburg, Wake, Guilford, Forsyth, Cumberland, Durham)
  • Exempts from CON requirements the renovation, replacement, or relocation of services or facilities that already have a CON.
  • Establishes that specific elements of the bill would become effective immediately, some in 18 months, and some 3 years after the bill becomes law.

*This bill was amended by Sen. Joyce Krawiec (R-Forsyth) on the Senate floor on July 23, 2019 to state that the Department of Health and Human Services can exempt CON review from any conversion of existing acute beds to psychiatric beds.

*The bill was amended by Sen. Ralph Hise (R-Mitchell) on the Senate floor on July 23, 2019 to remove kidney dialysis centers from any CON changes.

 

Bill Movement

HB 126 / SB 210 – Organ & Tissue Donation/Heart Heroes

Primary House Sponsors: Rep. Greg Murphy (R-Pitt), Rep. Josh Dobson (R-Avery), Rep. Larry Potts (R-Davidson), Rep. Wayne Sasser (R-Stanly)

Primary Senate Sponsors: Sen. Joyce Krawiec (R-Forsyth), Sen. Floyd McKissick (D-Durham) Sen. Rick Horner (R-Nash)

Bill Summary

This bill would amend the anatomical gift designation on driver’s licenses to include tissue donation as a part of that designation.

Bill Movement 

House

This bill was filed on February 20, 2019.

This bill passed in the House Health Committee on March 5, 2019.

This bill passed in the House Transportation Committee on April 2, 2019.

This bill passed in the House Rules Committee on April 11, 2019.

This bill passed on the House floor on April 16, 2019.

The House version of the bill was referred to the following Senate Committees:

  • Health Care
    • This bill was transformed into a new bill regarding Certificate of Need Laws on June 26, 2019.
  • Rules
    • This bill passed on July 2, 2019, and will now move to the Senate floor.

Senate

This bill was filed on March 7, 2019.

This bill was referred to the following Senate Committees:

  • Health Care – passed March 20, 2019.
  • Transportation – passed March 27, 2019.
  • Rules – passed April 2, 2019.

This bill was withdrawn from the Senate Calendar on July 8, 2019.

This bill was reclaendared to be heard in the Senate on July 9, 2019.

This bill was withdrawn from the Senate calendar on July 10, 2019.

This bill was was rereferred to the Senate Health Committee on July 10, 2019.

  • An amendment was introduced to
  • passed on July 15, 2019.

This bill passed the Senate Rules Committee on July 16, 2019.

This bill was removed from the Senate calendar on July 22, 2019.

This bill was amended and passed second in the Senate on July 23, 2019.

The bill was objected to third reading and will remain on the Senate calendar.

This bill passed the Senate with a vote of 24-18 on July 24, 2019.

This bill will now be sent back to House for a concurrence vote.

 
 

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