HB 1037 — COVID-19 Health Care Working Group Policy Rec.

3 HEALTH CARE PROVIDER LIABILITY PROTECTION FOR EMERGENCY OR DISASTER TREATMENT SECTION 4.7.(a) Chapter 90 of the General Statutes is amended by adding a new Article to read:

(a) It is the purpose of this section to promote the public health, safety, and welfare of all citizens bybroadlyprotectingtheby healthcarefacilitiesandhealthcareprovidersinthisStatefromliabilitybroadly protecting the health care facilities and health care providers in this State from liability that may result from treatment of individuals during the COVID-19 public health emergency under conditions resulting from circumstances associated with the COVID-19 public health emergency.

A public health emergency that occurs on a statewide basis requires an enormous response from state,State, federal, and local governments working in concert with private and public health care providers in the community.

– Any executive order, declaration, directive, request, or other state or federal authorization, policy statement, rule making, House Bill 1037-Second Edition Page 7 General Assembly Of North Carolina Session 2019 or regulation that waives, suspends, or modifies applicable State or federal law regarding scope of practice, including modifications authorizing health care providers licensed in another state to practice in this State, or the delivery of care, including those regarding the facility space in which care is delivered and which equipment which is used during the COVID-19 emergency declaration.

– AnyA entityhospital; licensed pursuant to Chapter 122C, 131D, or 131E of the General Statutes or Article 64 of Chapter 58 of the General Statutes.

psychiatric facility;

rehabilitation facility;

long-term care facility;

home health agency;

intermediate care facility for individuals with intellectual disabilities;

chemical dependency treatment facility;

and ambulatory surgical facility.

– a.Includes all of the following:

Ana. individual who is licensed, certified, or otherwise authorized under Chapter 90 or 90B of the General Statutes to provide health care services in the ordinary course of business or practice of a profession or in an approved education or training program.

As defined in G.S.

90-21.50.

AIndividuals healthlicensed careunder facilityChapter where90 healthof carethe servicesGeneral areStatutes providedand topracticing patients,under residents,a orwaiver othersin toaccordance whomwith suchG.S. services are provided as allowed by law.

c.

Individuals licensed under Chapter 90 of the General Statutes or practicing under a waiver in accordance with G.S.

d.c.

e.d.

f.House Bill 1037-First Edition Page 7 General Assembly Of North Carolina Session 2019 e.

g.

Anagentoremployeeofahealthcarefacilitythatislicensed,certified, or otherwise authorized to provide health care services.

h.

An officer or director of a health care facility.

i.

An agent or employee of a health care provider who is licensed, certified, or otherwise authorized to provide health care services.

– Treatment,A clinicalcorporate, direction,administrative, supervision,managerial, management,clinical, administrativesupervisory, health, or corporatemedical service,procedure providedor service rendered by a health care facilityprovideror or a health carecarefacilitythatdoes provideranyofthe duringfollowingduring thetheperiod period of the COVID-19 emergency declaration,declaration: regardless of the location in this State where the service is rendered:

ToProvides provide testing, diagnosis, or treatment of a health condition, illness, injury, or disease related to a confirmed or suspected case of COVID-19.

ToDispenses dispense drugs, medical devices, medical appliances, or medical goods for the treatment of a health condition, illness, injury, or disease related to a confirmed or suspected case of COVID-19.

ToProvides provide care to any other individual who presents or otherwise seeks care at or from a health care facility or to a health care provider during the period of the COVID-19 emergency declaration.

Page 8 House Bill 1037-Second Edition General Assembly Of North Carolina Session 2019 "§ 90-21.133.

(a) Notwithstanding any law to the contrary, except as provided in subsection (b) of this section, any health care facility, health care provider, or entity that hasholds legal responsibility for the acts or omissions of a health care providerprofessional shall have immunityimmunityfrom from any civil or criminal liability for anyharmany harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care servicesservices, only if all of the following apply:

(1) The health care facility, health care provider, or entity is arranging for or providing health care services duringpursuant theto perioda of the COVID-19 emergency declaration,rule including,or butotherwise notin limitedaccordance to,with thelaws arrangementapplicable orat provisionthe time of thosethe services pursuant to a COVID-19 emergency rule.declaration.

(2) The arrangementact or provisionomission ofoccurs healthin careone servicesof isthe impacted,following directlyways: or indirectly:

ByIn athe healthcourse careof facility,the health care provider, orhealth entity'scare decisionsfacility, or activitiesentity inarranging responsefor to or asproviding ahealth resultcare ofservices theand COVID-19arrangements. epidemic;

or b.

ByThe thetreatment decisionsof orthe activities,individual inis responseimpacted, todirectly or asindirectly, aby result of the COVID-19decisions epidemic,or activities of a health care facilityfacility, or entity where a health care providerprovider, providesor healthentity. care services.

c.

The decisions or activities of a health care facility or entity where a health care provider provides health care services in response to or as a result of the COVID-19 epidemic.

(b) The immunity from any civil or criminal liability provided in subsection (a) of this section shall notapplyiftheharmordamageswerecausedbyanactoromissionconstitutinggrossnegligence,not apply if the harm or damages were caused by an act or omission constituting willful or intentional criminal misconduct, gross negligence, reckless misconduct, or intentional infliction of harm by the health care facility or health care providerprofessional providing health care services;

provided that the acts, omissions, or decisions resulting from a resource or staffing shortage shall not be considered to be willful or intentional criminal misconduct, gross negligence, reckless misconduct, or intentional infliction of harm.

(c) Notwithstanding any law to the contrary, a volunteer organization shall have immunity from any civil or criminal liability for any harm or damages occurring in or at its facility or facilities arising from the State's response and activities under the COVID-19 emergencyemergencydeclaration declaration and in accordance with any applicable COVID-19 emergencyemergencyrule, rule, unless Page 8 House Bill 1037-First Edition General Assembly Of North Carolina Session 2019 it is established that such harm ordamagesor werecausedbythedamages grossnegligence,were caused by the willful or intentional criminal misconduct, gross negligence, reckless misconduct, or intentional infliction of harm by the volunteer organization.organization." SECTION 4.7.(b) Thisact is effectivewhenit becomeslawandapplies retroactively to all acts, omissions, or decisions on or after March 10, 2020, that serve as a basis to a claim.

"§7 90-21.134.PART V.

Severability.

This Article shall be liberally construed to effectuate its public health emergency purpose as outlined in G.S.

90-121.131.

The provisions of this Article are severable.

If any part of this Article is declared to be invalid bya court, the invaliditydoes not affect other parts of this Article that can be given effect without the invalid provision." SECTION 4.7.(b) This section is effective when it becomes law and applies to acts or omissions occurring during the time of Executive Order No.

116 issued on March 10, 2020, by Governor Roy A.

Cooper, and any subsequent time period during which a state of emergency is declared to be in effect during calendar year 2020 by the Governor in response to COVID-19.

AUTHORIZATION FOR PHARMACISTS TO ADMINISTER COVID-19 TESTS SECTION 4.8.(a) G.S.

90-85.3A is amended by adding a new subsection to read:

"(e) The administration by pharmacists of diagnostic tests and antibody tests for coronavirus disease 2019 to patients only if such tests have been approved or authorized for emergency use by the United States Food and Drug Administration." SECTION 4.8.(b) This section is effective when it becomes law.

DISPENSE AND USE OF CONTROLLED SUBSTANCES TEMPORARILY AT ADDITIONAL PLACES OF BUSINESS House Bill 1037-Second Edition Page 9 General Assembly Of North Carolina Session 2019 SECTION 4.9.(a) Notwithstanding any provision of law to the contrary, for the duration of the COVID-19 emergency, a hospital, nursing home, or clinic holding a valid State registration for controlled substances under Article 5 of Chapter 90 of the General Statutes may temporarily dispense or use controlled substances at additional places of business by completing the registration process developed by the Division of Mental Health, Developmental Disabilities and Substance Abuse Services of the North Carolina Department of Health and Human Services, and providing all information required pursuant to said emergency registration process for any overflow facility or satellite facility that may be established temporarily by the hospital, nursing home, or clinic registrant in response to the COVID-19 emergency, and no registration fee shall be required in connection with any such emergency registration.

SECTION 4.9.(b) This section is effective when it becomes law and expires 60 days after Executive Order No.

116 is rescinded, or December 31, 2020, whichever is earlier.

PRE-PROCEDURE COVID-19 TEST RESULT REPORTING SECTION 4.10.(a) All healthcare providers, as defined under G.S.

130A-476(g), shall receive and report the results, both positive and negative, of any COVID-19 diagnostic test or COVID-19 antibody test performed on an individual prior to any nonemergency surgery or procedure to the Commission for Public Health (Commission) and to the Division of Public Health.

The Department of Health and Human Services shall report pre-procedure test result data on a county-by-county basis and update it daily on its Web site.

SECTION 4.10.(b) This section is effective when it becomes law.

PART V.

Neither the Department of Information Technology, the Department of Health and Human Services, nor the State Health Plan for Teachers and State Employees shall grant an extension of time (i) to any provider or entity that fails to provide this information to both Departments, and the State Health Plan for Teachers and State Employees, (ii) that would result in the provider or entity connecting to the HIE Network and commencing data submission as required by this section later than June 1, 2020,October1, 2021, or (iii) that would result in anyprovider or entityspecifiedinentityspecified in subdivisions (4) and (5) of subsection (a1) of this section connecting to the HIE Network and commencing data submission as required by this section later than June 1, 2022.

The Department of Page 10 House Bill 1037-Second Edition General Assembly Of North Carolina Session 2019 Information Technology shall consult with the Department of Health and Human Services and the State Health Plan for Teachers and State Employees to review and decide upon a request for an extension of time under this section within 30 days after receiving a request for an extension." SECTION 5.1.(c) This section is effective when it becomes law.

6 TEMPORARY WAIVER OF THREE-YEAR FINGERPRINTING REQUIREMENT/CHILD CARE PROVIDERS/ADOPTIONS/FOSTERPROVIDERS CARE SECTION 5.2.(a) Notwithstanding G.S.

110-90.2(b), the Department of Health and Human Services, Division of Child Development and Early Education, shall temporarily waive the requirement that currentall child care providers complete a fingerprint-based criminal history check everyeverythree three years.

SECTIONHowever,the 5.2.(b) In accordance with federal guidance,requirement allforfingerprint-based available State and federal name-based criminal background checks foreveryfive prospectiveyears employeesis seekingstill employmentapplicable. in licensed child care shall be completed.

ProspectiveSECTION employees5.2.(b) willThis besection issuedis aeffective provisionalwhen qualificationit status.becomes law and expires 60 days after Executive Order No.

In situations where only State and federal name-based checks were completed, fingerprint-based criminal history checks shall be completed within 60 days of Executive Order No.

116 being rescinded, in compliance with State law and rules.

If fingerprint- based checks are not completed within 60 days of Executive Order No.

116 being rescinded, the prospective employee will be disqualified until a fingerprint-based check is completed.

SECTION 5.2.(c) Notwithstanding any provision of law or rules to the contrary, the Department of Health and Human Services, Division of Social Services, shall temporarily waive any requirement to complete a fingerprint-based criminal history check pertaining to adoptions, foster care, or child care institutions.

However, in accordance with federal guidance, all available name-based criminal background checks for prospective foster parents, adoptive parents, legal guardians, and adults working in child care institutions shall be completed, and, in situations where only name-based checks were completed, fingerprint-based criminal history checks shall be completed within 60 days of Executive Order No.

116 being rescinded, in compliance with State law and rules.

SECTION 5.2.(d) This section is effective when it becomes law and expires 60 days after Executive Order No.

House Bill 1037-First Edition Page 9 General Assembly Of North Carolina Session 2019 PROVIDE MEDICAID COVERAGE FOR COVID-19 TESTING TO UNINSURED INDIVIDUALS IN NORTH CAROLINA DURING THE NATIONWIDE PUBLIC HEALTH EMERGENCY SECTION 5.3.(a) The Department of Health and Human Services, Division of Health Benefits (DHB), is authorized to provide the Medicaid coverage described in 42 U.S.C.A.

If CMS grants approval for different coverage or a different population than requested in House Bill 1037-Second Edition Page 11 General Assembly Of North Carolina Session 2019 that 1115 waiver application, DHB may implement the approved temporary coverage, provided that all the following criteria are met:

(1) The coverage is onlyprovided for a limited time period related to the declared nationwide public health emergencyasemergency as a result of the 2019 novel coronavirus.

Page 10 House Bill 1037-First Edition General Assembly Of North Carolina Session 2019 (1) The adult is currently entitled to and receives federal Retirement, Survivors, and DisabilityInsurance (RSDI)benefits as adisabledadult childonaparent's record due to the retirement, death, or disability of a parent.

MODIFICATION OF FACILITY INSPECTIONS AND TRAINING TO ADDRESS INFECTION CONTROL MEASURES FOR COVID-19COVID-19. SECTION 5.7.(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, and 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 anyrules adopted under these chapters that pertain to the Department or DHSR Page 12 House Bill 1037-Second Edition General Assembly Of North Carolina Session 2019 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.

SECTION 5.7.(b)5.7.(a) DHSRNotwithstanding shallany reviewprovision theof complianceArticle history2 of allChapter facilities122C, licensedArticles under1 Articleand 23 of Chapter 122C131D, and Chapter 131E of the General StatutesStatutes, 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 inspection and regular monitoring requirements for licensed facilities under Article 12 of Chapter 131D122C of the General StatutesStatutes, thatand wereArticles determined1 toand be3 inof violation,Chapter assessed131D penalties,of orthe placedGeneral onStatutes, probationand withinany therules six-monthadopted periodunder precedingthese thechapters, beginningexcept of(i) theas COVID-19DHSR emergency,deems fornecessary noncomplianceto withavoid rulesserious orinjury, statutesharm, impairment, or Centersdeath forto Diseaseemployees, Controlresidents, andor Preventionpatients guidelinesof regardingthese infectionfacilities control or (ii) as directed by the properCenters usefor ofMedicare personaland protectiveMedicaid equipment.Services.

SECTION 5.7.(b) DHSR shall requirereview employeesthe compliance history of theseall 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 undergobe immediatein trainingviolation, designatedassessed bypenalties, DHSRor aboutplaced on probation within the six-month period preceding the beginning of the COVID-19 emergency, for noncompliance with rules or Centers for Disease Control guidelines regarding infection control andor the proper use of personal protective equipment.

TheDHSR trainingshall requiredrequire byemployees thisof sectionthese mayfacilities beto conductedundergo online,immediate bytraining videoconducted conference,by orDHSR inabout suchinfection mannercontrol asand DHSRthe determinesproper appropriateuse underof thepersonal circumstances.protective equipment.

DHSR may conduct the training required by this section online, by videoconference, or in such manner as DHSR determines appropriate under the circumstances.

House Bill 1037-First Edition Page 11 General Assembly Of North Carolina Session 2019 (1) Commitment examiner.

122C-263 to determine whether the respondent will be involuntarily committed due to mental illness or by G.S.

A commitment examiner who is not so satisfied must note that the examination was not satisfactorily accomplished, and the respondent must be taken for a face-to-faceface-to-faceexamination examination in thethephysical physicalpresenceofapersonauthorizedto presenceperformexaminations of a person authorized to perform examinations under G.S.

House Bill 1037-Second Edition Page 13 General Assembly Of North Carolina Session 2019 SECTION 6.1.(c) Notwithstanding any provision of Chapter 122C of the General Statutes or any other provision of law to the contrary, the second examination of a respondent required by G.S.

Page 12 House Bill 1037-First Edition General Assembly Of North Carolina Session 2019 (2) Telehealth.

(3) Virtual healthhealthcare. care.

Page 14 House Bill 1037-Second Edition General Assembly Of North Carolina Session 2019 (c) All of the following shall apply to all health benefit plans offered in this State:

(3) No health benefit plan may require prior authorization for telehealth services or virtual healthhealthcare care services.

SEVERABILITY House Bill 1037-First Edition Page 13 General Assembly Of North Carolina Session 2019 SECTION 7.1.

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