United States: North Carolina General Assembly Week In Review: Health Care Spotlight


Not Running

On Thursday, after six terms serving in the House, Rep. James H. Langdon (R-Johnston) announced that he would not be running for re-election in 2016. Following his announcement, two Republicans announced their intentions to run for the District 28 seat- Johnston County School Board Chairman Larry Strickland and Johnston County Board of Commissioners Chairman Tony Braswell. Rep. Langdon is the second lawmaker from Johnston County to announce that he would not be running again. Republican Rep. Leo Daughtry announced earlier this month that he would not be running, either.


This week Governor McCrory signed H318, Protect NC Workers Act, into law. H318 requires companies doing business with public entities to comply with the E-Verify program, ends the adoption of local government sanctuary city ordinances, forbids the use of certain consulate or embassy documents to determine a person's identification or residency for government and law enforcement purposes, and prohibits the Department of Health & Human Services from seeking certain waivers.

Last Friday Governor McCrory signed H765, Regulatory Reform Act of 2015, into law. H765 makes various administrative changes, including but not limited to exempting small business entities buying or selling entity-owned property, amending the definition of "employee" under the Workers' Compensation Act to exclude volunteers and officers of certain nonprofits, directing the Environmental Review Commission to study open and fair competition with respect to materials used in wastewater, stormwater, and other water projects, amending the definition for "prospective developer" under brownfields redevelopments, and other changes dealing with eliminating certain statutes and regulations and modernizing or simplifying regulations.

Deadline Approaching

Gov. McCrory has until 11:59 p.m. tonight to either sign or veto the 11 remaining bills on his desk. If he does not sign or veto any of the remaining legislation, it will automatically become law without his signature. If Gov. McCrory chooses to veto any of the bills, he will have to call the legislature back for a veto-override special session.


During the past several years, health care policy has played a major role during the legislative sessions. The 2015 legislative session was no different. A common goal of both the legislature and Governor McCrory over the past three years was to figure out how to best transition the state's Medicaid program from fee-for-service to a fully capitated system. After debating several versions this year alone, an agreement finally came to fruition.

Every single health care related bill that became law this year passed on a bi-partisan basis, ranging from changes to the certificate-of-need laws to outlawing the use of tanning beds for persons under the age of 18 years old.

Amend CBD Oil Statute
This amends the exemption for the use or possession of hemp extract, which was originally passed during the 2013-2014 biennium. It permits the use of hemp extract as an alternative treatment for intractable epilepsy without participating in a pilot study, and repeals the Epilepsy Alternative Treatment Act in 2021.

Amend Composition of NC Medical Board
This legislation adds a permanent seat to the NC Medical Board for both one physician assistant (PAs) and one nurse practitioner, increasing the Board membership from 12 to 13. Previously, the PAs and NPs shared one seat on the NC Medical Board. The bill became immediately effective upon signature.

Appropriations Act of 2015
The following policies were included in the budget:

  • Establishes a successor Health Information Exchange (HIE) Network and requires all Medicaid providers to be connected by February 1, 2018. The budget also establishes a state-controlled HIE Authority to oversee the Network, and establishes an advisory board to provide consultation to the Authority.
  • Requires hospitals to publicly post how much charity care they provide each year.
  • Raises the age limit for receiving foster care services to 21.
  • Includes funds for improvements to the medical examiner system.
  • Requires all health care provider occupation licensing boards, such as the NC Medical Board, to require continuing education on controlled substances abuse. The budget also establishes a Prescription Drug Abuse Advisory Committee to establish and implement a statewide strategic plan to combat prescription drug abuse.
  • Increases funding for inpatient psychiatric beds, in order to combat the growing shortages of such beds.
  • Terminates all state appropriations for alcohol and drug abuse treatment centers (ADATCs), and instead appropriates those funds to DHHS in order to allow LME/MCOs to assume those responsibilities of the ADATCs.

Assault Emergency Workers/Hospital Personnel
Under this law, it will now be felony to assault healthcare providers or hospital personnel who are providing or attempting to provide services in a hospital. The bill goes into effect on December 1, 2015 and applies all offenses committee on or after that date.

Baby Carlie Nugent Bill
The Baby Carlie Nugent bill directs the Commission for Public Health to adopt rules and add a screening test for severe combined immunodeficiency (SCIDs) and other t-cell lymphopenias to the Newborn Screening Program. The bill became effective when it became law.

End Marketing/Sale Unborn Children Body Parts
In response to the Planned Parenthood videos that surfaced this summer, this bill now prohibits the sale of any aborted or miscarried material or remains of an unborn child. Additionally, this bill requires informed consent for the donation of the remains of an unborn child, and limits the use state funds for contracts pertaining to teen pregnancy prevention initiatives and programs.

Jim Fulghum Teen Skin Cancer Prevention Act
This bill, named after former Wake County Representative Dr. Jim Fulghum, prohibits any person under the age of 18 from using tanning equipment.

Medicaid Transformation & Reorganization
After several years of debate on how to best reform the state's Medicaid system, the final version of Medicaid reform became law on September 23, 2015. Both provider-led entities (PLEs) and managed care organizations (MCOs) will be responsible for the delivery of capitated contracts on a statewide and regional basis. PLEs will serve patients in regions. The new Dept. of Health Benefits is responsible for dividing the state into six regions. Both PLEs and MCOs will be able to compete for the three statewide contracts, which will be responsible for serving patients statewide.

Legacy Medical Care Facility/CON Exempt
This bill exempts health care facilities that meet the definition of a "legacy medical care facility" from CON regulation under specified circumstances. This bill will become effective as soon as Gov. McCrory signs it into law, it is one of the 11 bills left on his desk.

Right to Try Act for Terminally Ill Patients
This bill enacts a Right to Try Act in order to provide expanded access to investigational drugs, biological products, and devices for patients diagnosed with a terminal illness. Gov. McCrory signed this bill into law in June, and it became effective on October 1, 2015.


Scope of Practice -

Health Insurance Mandates -

Public Health -

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions