North Carolina 2019-2020 Session Status: Passed House Bipartisan · 9 D · 2 I cosponsors

HB 822 — Comprehensive Behavioral Health Plan.

Last action — Special Message Sent To Senate

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

168 added · 155 removed

Plain-language change summary

The amendments to Bill HB 822 clarify the responsibilities of the Department of Health and Human Services regarding the publicly funded behavioral health system. The bill now emphasizes the need for a comprehensive plan to ensure transparency, cooperation among state agencies, and a unified approach to behavioral health services, which includes mental health, developmental disabilities, substance abuse, and traumatic brain injury services. This change matters because it establishes a clearer framework for accountability and collaboration, which aims to enhance the quality of care for individuals in need of these services throughout North Carolina.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 822 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 822 Committee Substitute Favorable 7/31/19 Short Title:
Representatives Insko, Ball, and Quick (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Health, if favorable, Rules, Calendar, and Operations of the House April 18, 2019 A BILL TO BE ENTITLED AN ACT TO REVISE THE STATE PLAN FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE TO ENSURE THE STATE DEVELOPS A COMPREHENSIVE PLAN THAT PROVIDES A MISSION, A VISION, GOALS, OBJECTIVES, OVERSIGHT, AND ACCOUNTABILITY FOR THE BEHAVIORAL HEALTH CARE SYSTEM IN THIS STATE.
April 18, 2019 A BILL TO BE ENTITLED AN ACT TO REVISE THE STATE PLAN FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND SUBSTANCE ABUSE TO ENSURE THE STATE DEVELOPS A COMPREHENSIVE PLAN THAT PROVIDES A MISSION, A VISION, GOALS, OBJECTIVES, OVERSIGHT, AND ACCOUNTABILITY FOR THE BEHAVIORAL HEALTH CARE SYSTEM IN THIS STATE.
COMPREHENSIVE PLAN FOR BEHAVIORAL HEALTH SERVICES SECTION 1.(a) The General Assembly finds that the Department of Health and Human Services (Department) has the responsibility to provide a framework, direction, oversight, and accountability for the State-funded behavioral health care system.
COMPREHENSIVE PLAN FOR THE PUBLICLY FUNDED BEHAVIORAL HEALTH SYSTEM SECTION 1.(a) The General Assembly finds that the Department of Health and Human Services (Department) has the responsibility to provide direction, oversight, and accountability for the publicly funded behavioral health care system that operates as a structured and unified system designed to meet the needs and expectations of the people of this State, and that a Comprehensive Plan is needed to ensure transparency, board understanding, and that the needs of covered populations and expectations of the State are met.
The General Assembly further finds that without clearly articulated goals as a basis for accountability, the State-and locallyfunded behavioral health caresystem cannot operateas a structured andunified system designed to meet the needs and expectations of the people of this State, and that a Comprehensive Plan is needed to ensure those needs and expectations are met.
The General Assembly further finds that work across State agencies and with external partners will unify goals and coordinate the delivery of care and will support improved behavioral health and wellness for North Carolinians.
Finally, in order to promote transparency and collaboration, the General Assembly directs the Department to produce a Comprehensive Plan for the Publicly Funded Behavioral Health System.
Comprehensive Plan for Behavioral Health Services.
Comprehensive Plan for the Publicly Funded Behavioral Health System.
– The Department shall develop and implement aStateComprehensivePlanfor Behavioral HealthServices in this State.Forpurposes of the Comprehensive Plan, behavioral health services shall include mental health, developmental disabilities, substance abuse, and traumatic brain injury services.
– The Department shall develop and implement a State Comprehensive Plan for the Publicly Funded Behavioral Health System.
The purpose of the State Comprehensive Plan is to provide a framework to ensure the Department can oversee and monitor Medicaid, NC Health Choice, and other State-funded behavioral health services, managed by LME/MCOs and health care providers.
For purposes of the Comprehensive Plan, behavioral health services shall include mental health, developmental disabilities, substance abuse, and traumatic brain injury services.
The Comprehensive Plan shall be submitted to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Medicaid and NC Health Choice no later than January 31 of each year.
The purpose of the Comprehensive Plan is to provide a framework to ensure the Department can oversee and monitor publicly funded behavioral health services, including Medicaid and NC Health Choice, county-funded programs, and federally funded programs.
The Department shall ensure the Comprehensive Plan is implementable and shall facilitate cooperation and support from LME/MCOs, county programs, behavioral health service providers, and consumers in developing the mission, vision, goals, and objectives of the Comprehensive Plan.
The initial Comprehensive Plan shall be submitted for review to the Joint Legislative Oversight Committee on Health and Human Services no later than January 31, 2020.
In order to increase the ability of the State, LME/MCOs, county programs, and behavioral health providers, to successfully implement the Comprehensive Plan, the *H822-v-1* General Assembly Of North Carolina Session 2019 Department shall not adopt or implement policies that are inconsistent with the Comprehensive Plan.
No later than January 31 of each subsequent year, the Department shall submit updates to the Comprehensive Plan, in accordance with this section.
The Department shall ensure the Comprehensive Plan is implementable and that all stakeholders, including LME/MCOs, prepaid health plans, county programs, and behavioral *H822-v-2* General Assembly Of North Carolina Session 2019 health service providers and consumers, are fully engaged in developing the mission, vision, goals, and objectives of the Comprehensive Plan.
In order to successfully implement the Comprehensive Plan, the Department shall only adopt or implement policies that are consistent with the Comprehensive Plan.
– The Comprehensive Plan shall include all of the following:
– The Comprehensive Plan shall include all of the following, to be developed by the Department with input from stakeholders:
(1) A mission, developed by the Department, that clearly states the purpose and priorities of Medicaid, NC Health Choice, and other State-funded behavioral health services.
(1) A mission that clearly states the purpose and priorities of the publicly funded behavioral health system, including Medicaid and NC Health Choice.
(2) A 10-year vision of the future, developed by the Department, as it pertains to the State behavioral health system and the individuals served by that system if the mission of the Comprehensive Plan is achieved.
(2) A 10-year vision of a future State behavioral health system if the mission of the Comprehensive Plan is achieved.
(3) Three-year goals, developed by the Department in collaboration with LME/MCOs, that identify the areas where results will be achieved relative to the mission and vision of the Comprehensive Plan.
The vision shall be reviewed, at a minimum, every three years and updated as appropriate to meet the then-currentneedsofthecoveredpopulationsandtheexpectationsof theState for the publicly funded behavioral health system.
(3) Three-year goals that identifythe areas where results will be achieved relative to the mission and vision of the Comprehensive Plan over the corresponding three years.
Goal statements shall be reviewed annually in conjunction with a review of the Comprehensive Plan objectives and updated as appropriate based on then-current needs of the covered populations and the expectations of the State for the publicly funded behavioral health system.
(5) Activities to be undertaken to attain the objectives outlined in the Comprehensive Plan.
The Department shall submit updated objectives as part of the annual updates submitted pursuant to subsection (a) of this section.
Each should identify at least the following specifics:
a.
The activity to be undertaken.
b.
The person or parties responsible for undertaking the activity.
c.
A time line for completing the activity.
d.
Identification of the end of the activityand indications for determining that the activity has been accomplished.
(1) Staffing levels, training, and competency in the Division of MH/DD/SAS, the Division of Health Benefits, the LME/MCOs, prepaid health plans, and relevant behavioral health providers.
(2) Access to behavioral health services provided by specific standards that may include:
Staffing levels, training, and competency in the Division of MH/DD/SA, the Division of Health Benefits, the LME/MCOs, and relevant behavioral health providers.
b.
Access to behavioral health services provided by the most appropriate provider measured by at least all of the following standards:
1.
2.
b.
3.
Wait time for appointments.
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4.
Emergency department hold times.
Solvency, financial management, and financial performance of the LME/MCOs, including strategic and operational plans, and reinvestment plans approved by the Department.
Wait time for appointments.
Need and utilization of behavioral health services broken down by covered population and service type.
Emergency department hold times.
Coordination and integration of behavioral health care services, including communication with, from, and between providers.
Reduction in the waiting lists for services.
Appropriateness of services and treatment effectiveness.
Engagement in social determinants of health.
g.
Other standards, as determined by the Department.
(3) Solvency, financial management, and financial performance of the LME/MCOs, including strategic and operational plans, and reinvestment plans approved by the Department.
(4) Need and utilization of the behavioral health system broken down by covered population, service type, and funding source.
(5) Coordination and integration of behavioral health care services, including communication with, from, and between providers, LME/MCOs, and prepaid health plans.
(6) Appropriateness of services and treatment effectiveness.
a.
Page 2 House Bill 822-Second Edition General Assembly Of North Carolina Session 2019 (1) Employment.
Employment.
(2) Education.
b.
(3) Homelessness.
Education.
(4) Imprisonment.
c.
(5) Social determinants of health." SECTION 2.
Homelessness.
If, by December 1 of the year before which the Comprehensive Plan is due, the Department identifies that the Comprehensive Plan (i) will not be submitted to the Joint LegislativeOversightCommitteeonHealthandHumanServicesbytheJanuary31deadline or (ii) will not complywith the requirement of G.S.
d.
122C-10A, then the Department shall engage the services of a pre-identified third-party vendor to complete the Comprehensive Plan and provide the completed Comprehensive Plan to the Department in time for the Department to report to the Joint Legislative Oversight Committee on Health and Human Services no later than January 31, 2020.
Imprisonment.
The Department shall report to the Joint Legislative Oversight Committee on Health and Human Services that the vendor will be completing the Comprehensive Plan.
e.
Social determinants of health." Page 2 House Bill 822-First Edition General Assembly Of North Carolina Session 2019 SECTION 2.
The Department of Health and Human Services shall identify a third-party vendor to assist with the completion of the Comprehensive Plan, enacted in Section 1 of this act, in the event that the Department is unable to complete the Comprehensive Plan in a timely manner.
If, by January 1 of the year in which the Comprehensive Plan is due, the Department identifies that the Comprehensive Plan (i) will not be submitted to the Joint Legislative Oversight on Health and Human Services and the Joint Legislative Oversight Committeeon Medicaid and NC HealthChoicebytheJanuary31deadlineor(ii)will not comply with the requirement of G.S.
122C-10A, then the Department shall engage the services of the identified third-party vendor to complete the Comprehensive Plan.
The Department shall report to the Joint Legislative Oversight on Health and Human Services and the Joint Legislative Oversight Committee on Medicaid and NC Health Choice that the vendor will be completing the Comprehensive Plan and the anticipated deadline for completion.
"(8b) "Comprehensive Plan" means the Comprehensive Plan for Behavioral Health Services under G.S.
"(8b) Comprehensive Plan.
– The Comprehensive Plan for the Publicly Funded Behavioral Health System under G.S.
122C-3(38) reads as rewritten:
122C-3(38), as amended by Section 1 of S.L.
"(38) "Targeted population" means those individuals who are given service priority under the State Comprehensive Plan." SECTION 3.(e) G.S.
2019-76, reads as rewritten:
"(38) Targeted population.
– Those individuals who are given service priorityunder the State Comprehensive Plan." SECTION 3.(e) G.S.
SECTION 3.(f) G.S.
SECTION3.(f) G.S.
122C-55(a4) reads as rewritten:
122C-55(a4),as amendedbySection9AofS.L.
"(a4) An area authority or county program may share confidential information regarding any client with any area facility, and any area facility may share confidential information regarding any client of that facility with the area authority or county program, when the area authorityor countyprogram determines the disclosure is necessaryto develop, manage, monitor, or evaluate the area authority's or county program's network of qualified providers as provided in G.S.
2019-81,reads as rewritten:
"(a4) Anarea authorityor prepaid healthplanmayshare confidential information regarding any client with any area facility, and any area facility may share confidential information regarding any client of that facility with the area authority or prepaid health plan, when the area authority or prepaid health plan determines the disclosure is necessary to develop, manage, monitor, or evaluate the area authority's or prepaid health plan's network of qualified providers as provided in G.S.
122C-141(a), the State Comprehensive Plan, and rules of the Secretary.
122C-141(a), Article 3 of Chapter 108D of the General Statutes, the State Comprehensive Plan, rules of the Secretary, and contracts between the facility and the Department.
For the purposes of this subsection, the purposes or activities for which confidential informationmaybedisclosedinclude,butarenotlimitedto,qualityassessmentandimprovement activities, provider accreditation and staff credentialing, developing contracts and negotiating rates, investigating and responding to client grievances and complaints, evaluating practitioner and provider performance, auditing functions, on-site monitoring, conducting consumer satisfaction studies, and collecting and analyzing performance data." SECTION 3.(g) G.S.
For the purposes of this subsection, the purposes or activities for which confidential information may be disclosed include, but are not limited to, quality assessment and improvement activities, provider accreditation and staff credentialing, developing contracts and negotiating rates, investigating and responding to client grievances and complaints, evaluating practitioner and provider performance, auditing functions, on-site monitoring, conducting consumer satisfaction studies, and collecting and analyzing performance data." SECTION 3.(g) G.S.
(1) Oversee development and implementation of the State Comprehensive Plan for Mental Health, Developmental Disabilities, and Substance Abuse Behavioral Health Services.
(1) Oversee development and implementation of the State Comprehensive Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services.the Publicly Funded Behavioral Health System.
… (9) Provide ongoing and focused technical assistance to area authorities and county programs in the implementation of the LME functions and the establishment and operation of community-based programs.
… House Bill 822-Second Edition Page 3 General Assembly Of North Carolina Session 2019 (9) Provide ongoing and focused technical assistance to area authorities and county programs in the implementation of the LME functions and the establishment and operation of community-based programs.
The Secretary shall include in the State Comprehensive Plan a mechanism for monitoring House Bill 822-First Edition Page 3 General Assembly Of North Carolina Session 2019 the Department's success in implementing this duty and the progress of area authorities and county programs in achieving these functions.
The Secretary shall include in the State Comprehensive Plan a mechanism for monitoring the Department's success in implementing this duty and the progress of area authorities and county programs in achieving these functions.functions and provide a detailed overview of the monitoring and oversight process to be in place for prepaid health plans as it applies to management of services for individuals with mental illness, intellectual and other developmental disabilities, traumatic brain injury, and substance use disorders.
… (31) Ensure that the State Comprehensive Plan for Mental Health, Developmental Disabilities, and Substance Abuse Behavioral Health Services is coordinated with the Medicaid State Plan and NC Health Choice.
… (31) Ensure that the State Comprehensive Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services the Publicly Funded Behavioral Health System is coordinated with the Medicaid State Plan and NC Health Choice.
(1) Review, comment on, and monitor the implementation of the State Comprehensive Plan for Mental Health, Developmental Disabilities, and Substance Abuse Behavioral Health Services.
(1) Review, comment on, and monitor the implementation of the State Comprehensive Plan for Mental Health, Developmental Disabilities, and Substance Abuse Services.the Publicly Funded Behavioral Health System.
Page 4 House Bill 822-First Edition
Page 4 House Bill 822-Second Edition
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Action History

  1. Special Message Sent To Senate

  2. Special Message Received From House

  3. Passed 1st Reading

  4. Ref To Com On Rules and Operations of the Senate

  5. Passed 2nd Reading

  6. Passed 3rd Reading

  7. Placed On Cal For 08/12/2019

  8. Withdrawn From Cal

  9. Re-ref Com On Rules, Calendar, and Operations of the House

  10. Withdrawn From Com

  11. Cal Pursuant Rule 36(b)

  12. Reptd Fav Com Substitute

  13. Cal Pursuant Rule 36(b)

  14. Withdrawn From Com

  15. Re-ref Com On Rules, Calendar, and Operations of the House

  16. Passed 1st Reading

  17. Ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the House

  18. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 20 co-sponsors · 157 not signed on · 1 voted No

Sponsors (2)

Co-sponsors (20)

Not signed on (157)

157 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Second Reading

Passed 117 Yea · 3 Nay
Party YeaNayPresentNot Voting
Democratic 24000
Republican 34100
Unaffiliated 57200
U 2000
Total 117300
% of votes cast 98%3%0%0%
How each member voted (120)
Member Party Vote
Autry — Yea
Beasley — Yea
Black — Yea
Brewer — Yea
Clemmons — Yea
Farmer-Butterfield — Yea
Fisher — Yea
Floyd — Yea
Gailliard — Yea
Garrison — Yea
Gill — Yea
Graham — Yea
Harris — Yea
Holley — Yea
Hunt — Yea
Hunter — Yea
Insko — Yea
Jackson — Yea
Lucas — Yea
Martin — Yea
Montgomery — Yea
Queen — Yea
Richardson — Yea
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Boles — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Davis — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Horn — Yea
Hurley — Yea
L. Johnson — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Murphy — Yea
Rogers — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Bumgardner — Nay
Presnell — Nay
C. Smith — Yea
K. Smith — Yea
R. Smith — Yea
Allison A. Dahle Democratic Yea
Amos L. Quick, III Democratic Yea
Becky Carney Democratic Yea
Brandon Lofton Democratic Yea
Brian Turner Democratic Yea
Carolyn G. Logan Democratic Yea
Cecil Brockman Democratic Yea
Cynthia Ball Democratic Yea
Dante Pittman Democratic Yea
Deb Butler Democratic Yea
Eric Ager Democratic Yea
Gale Adcock Democratic Yea
Garland E. Pierce Democratic Yea
Graig Meyer Democratic Yea
Joe John Democratic Yea
Marcia Morey Democratic Yea
Mary Belk Democratic Yea
Pricey Harrison Democratic Yea
Robert T. Reives, II Democratic Yea
Shelly Willingham Democratic Yea
Sydney Batch Democratic Yea
Terence Everitt Democratic Yea
Tracy Clark Democratic Yea
Zack Hawkins Democratic Yea
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jake Johnson Republican Yea
Jay Adams Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Nay
Kelly E. Hastings Republican Yea
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Yea
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Yea
William D. Brisson Republican Yea
Carla D. Cunningham U Yea
Nasif Majeed U Yea

Official roll call →

Subjects

healthcare health-insurance
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Frequently asked questions

Who sponsors HB 822?
HB 822 is sponsored by Insko, Cynthia Ball (Democratic), Amos L. Quick, III (Democratic), Mary Belk (Democratic), Carla D. Cunningham (U), Fisher, Garrison, Gill, Pricey Harrison (Democratic), Holley, Hunt, Lucas, Meyer, Marcia Morey (Democratic), Garland E. Pierce (Democratic), Russell, Terry, Nasif Majeed (U), Carolyn G. Logan (Democratic), Joe John (Democratic), Allison A. Dahle (Democratic), and R. Smith.
What is the current status of HB 822?
This bill died with 2019-2020 Session. It reached “Passed House” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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