North Carolina 2019-2020 Session Status: Enacted Bipartisan · 3 R · 3 D · 1 I cosponsors

HB 70 — Delay NC HealthConnex for Certain Providers.

Last action — Signed by Gov. 6/6/2019

Track this bill free

No card. One bill, free forever — alerts when it moves.

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

This bill has been enacted into law. Introduced February 13, 2019. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 13 sponsors

    3 primary, 10 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 3 parties (3 R · 3 D · 1 I) — cross-party backing.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

54 added · 188 removed

Plain-language change summary

The recent changes in House Bill 70 include the addition of a formal introduction noting the session year and the list of sponsors. Additionally, the bill has been streamlined by removing some unnecessary lines that pertained to its previous draft identification. These updates help clarify the bill's purpose and improve its presentation, making it easier for lawmakers and the public to understand its context and the people supporting it.

→
Previous
Latest
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 70 Committee Substitute Favorable 3/12/19 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 70 Short Title:
Representatives Dobson, White, Murphy, and Lambeth (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
February 14, 2019 A BILL TO BE ENTITLED AN ACT EXTENDING THE DEADLINES BY WHICH CERTAIN PROVIDERS ARE REQUIRED TO CONNECT TO AND PARTICIPATE IN NORTH CAROLINA'S HEALTH INFORMATION EXCHANGE NETWORK KNOWN AS NC HEALTHCONNEX AND EXPANDING THE MEMBERSHIP OF THE NORTH CAROLINA HEALTH INFORMATION EXCHANGE ADVISORY BOARD.
Health, if favorable, Rules, Calendar, and Operations of the House February 14, 2019 A BILL TO BE ENTITLED AN ACT EXTENDING THE DEADLINE BY WHICH CERTAIN PROVIDERS ARE REQUIRED TO CONNECT TO AND PARTICIPATE IN NORTH CAROLINA'S HEALTH INFORMATION EXCHANGE NETWORK KNOWN AS NC HEALTHCONNEX.
SECTION 1.
SECTION 1.(a) G.S.
G.S.
90-414.4(a1)(1) reads as rewritten:
90-414.4 reads as rewritten:
"(1) The Except as otherwise provided in this section, the following providers of Medicaid services that have an electronic health record system shall begin submitting demographic and clinical data by June 1, 2018:
"§ 90-414.4.
Required participation in HIE Network for some providers.
(a) Findings.
– The General Assembly makes the following findings:
(1) That controlling escalating health care costs of the Medicaid program and other State-funded health services is of significant importance to the State, its taxpayers, its Medicaid recipients, and other recipients of State-funded health services.
(2) That the State needs and covered entities in North Carolina need timelyaccess to certain demographic and clinical information pertaining to services rendered to Medicaid and other State-funded health care program beneficiaries and paid for with Medicaid or other State-funded health care funds in order to assess performance, improve health care outcomes, pinpoint medical expense trends, identify beneficiary health risks, and evaluate how the State is spending money on Medicaid and other State-funded health services.
(3) That making demographic and clinical information available to the State and covered entities in North Carolina by secure electronic means as set forth in subsection (b) of this section will, with respect to Medicaid and other State-funded health care programs, will improve care coordination within and across health systems, increase care quality for such beneficiaries, enable more effective population health management, reduce duplication of medical services, augment syndromic surveillance, allow more accurate measurement of care services and outcomes, increase strategic knowledge about the health of the population, and facilitate health care cost containment.
(a1) Mandatory Connection to HIE Network.
– Notwithstanding the voluntary nature of the HIE Network under G.S.
90-414.2, the following providers and entities shall be connected to the HIE Network and begin submitting data through the HIE Network pertaining to services rendered to Medicaid beneficiaries and to other State-funded health care program beneficiaries *H70-v-2* General Assembly Of North Carolina Session 2019 and paid for with Medicaid or other State-funded health care funds in accordance with the following time line:
(1) The following providers of Medicaid services licensed to operate in the State thathavean electronichealthrecordsystemshallbegin submittingsubmitting, at a minimum, demographic and clinical data by June 1, 2018:
Physicians licensed to practice under Article 1 of Chapter 90 of the General Statutes.Statutes, except for licensed physicians whose primary area of practice is psychiatry.
Physicians licensed to practice under Article 1 of Chapter 90 of the General Statutes.
Nurse practitioners as defined in 21 NCAC 36.0801.
Nurse practitioners as defined in 21 NCAC 36.0801." SECTION 1.(b) G.S.
(2) Except as provided in subdivisions (3), (4), and (5) (5), and (6) of this subsection, all other providers of Medicaid and State-funded health care services shall begin submitting demographic and clinical data by June 1, 2019.2020.
90-414.4(a1)(3) reads as rewritten:
(3) The following entities shall submit encounter and claims data, as appropriate, in accordance with the following time line:
"(3) The following entities shall submit encounter and claims data, as appropriate, in accordance with the following time line:
(4) The following entities shall begin submitting demographic and clinical data by June 1, 2021:
a.
Ambulatory surgical centers as defined in G.S.
131E-146.
b.
Dentists licensedunderArticle2ofChapter90oftheGeneral Statutes.
Licensed physicians whose primary area of practice is psychiatry.
The following providers by June 1, 2021:
(5) The following entities shall begin submitting claims data by June 1, 2021:
1.
a.
Psychiatrists licensed to practice under Article 1 of Chapter 90 of the General Statutes.
Pharmacies registered with the North Carolina Board of Pharmacy under Article 4A of Chapter 90 of the General Statutes.
2.
b.
Licensed psychologists, as defined in G.S.
Reserved for future codification.
90-270.2(6).
(6) Upon implementation of an electronic health record system or other technology solution enabling connectivity to the HIE Network, the following entities shall begin submitting demographic and clinical data by June 1 of the following fiscal year:
3.
a.
Licensed psychological associates, as defined in G.S.
State health care facilities operated bythe Secretaryof the Department of Health and Human Services, including State psychiatric hospitals, developmental centers, alcohol and drug treatment centers, neuro-medical treatment centers, and the Whitaker Psychiatric Treatment Facility.
90-270.2(7).
b.
4.
The State Laboratory of Public Health operated by the Department of Health and Human Services.
Licensed professional counselors, as defined in G.S.
(a2) Extensions of Time for Establishing Connection to the HIE Network.
90-330(a)(2).
Show all 122 changed rows (82 more)
Previous
Latest
– The Department of Information Technology, in consultation with the Department of Health and Human Services, may establish a process to grant limited extensions of the time for providers and entities to connect to the HIE Network and begin submitting data as required by this section upon the request of a provider or entity that demonstrates an ongoing good-faith effort to take necessary steps to establish such connection and begin data submission as required by this section.
5.
Theprocess for granting an extension oftimemust includea presentation bytheprovider or entityto the Department of Information Technologyand the Department of Health and Human Page 2 House Bill 70-Second Edition General Assembly Of North Carolina Session 2019 Services on the expected time line for connecting to the HIE Network and commencing data submission as required by this section.
Substance abuse professionals, as defined in G.S.
Neither the Department of Information Technology nor the Department of Health and Human Services shall grant an extension of time (i) to anyprovider or entity that fails to provide this information to both Departments, (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, 2021, or (iii) that would result in any provider or entity specified 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, 2021.
90-113.31A(26).
subdivision(6)ofsubsection(a1)ofthissectionconnectingtotheHIENetworkandcommencing data submission later than the date specified in that subdivision.
6.
The Department of Information Technology shall consult with the Department of Health and Human Services 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.
Licensed clinical social workers, as defined in G.S.
(a3) Exemptions from Connecting to the HIE Network.
90B-3(6a).
– The Department of Health and Human Services shall establish a process, in consultation with the Department of Information Technology, for the Department of Health and Human Services to grant exemptions to providers of Medicaid and other State-funded health care services for whom acquiring and implementing an electronic health record system and connecting to the HIE Network as required by this section would constitute an undue hardship.
*H70-v-1* General Assembly Of North Carolina Session 2019 7.
In determining whether to grant a hardship exemption, the Department may consider, without limitation, the following:
Licensed clinical social worker associates, as defined in G.S.
(i) a provider's impending retirement or closure;
90B-3(6b).
(ii) lack of access to affordable broadband capacity adequate to support implementation of electronic health record technology and connection to the HIE Network;
8.
(iii) lack of financial flexibility to acquire and implement health information technology solutions needed to connect to the HIE Network;
Fee-based pastoral counselors, as defined in G.S.
and (iv) whether exclusion of the provider from Medicaid would result in a lack of access to care under the Department's network adequacy standards.
90-382(4).
The process for granting a hardship exception must include a written request by the provider to the Department setting forth the specific bases for, and nature of, the asserted undue hardship.
9.
The Department shall promptly notify the Department of Information Technology of providers granted hardship exemptions under the process established pursuant to this subsection.
Licensed marriage and family therapists, as defined in G.S.
… (e) Connection is Voluntary for Certain Providers.
90-270.47(3).
– Notwithstanding the mandatory connection and data submission requirements in subsections (a1) and (b), respectively, the following providers who provide services to Medicaid and other State-funded health care program beneficiaries and who receive Medicaid or other State funds are not required to connect to the HIE Network or submit data.
10.
They may connect to the HIE Network and submit data voluntarily:
Providers of one or more of the following services for individuals with intellectual or developmental disabilities:
(1) Respiratory, rehabilitative, restorative, assistive technology, and intellectual and developmental disability service providers.
I.
(2) Durable medical equipment providers.
"In-lieu-of" services.
(3) Personal care, community alternatives programs, including CAP/C and Innovations, private duty nursing, and Program of All-Inclusive Care for the Elderly (PACE) service providers.
II.
(4) Home health providers.
1915(b)(3) services.
(5) School-based health providers, Children's Developmental Services Agencies, NC Infant-Toddler Program service providers, and providers of the residential behavioral health program for children operated by the Secretary of the Department of Health and Human Services at Wright School.
III.
(6) Speech, language, and hearing service providers.
North Carolina Innovations Waiver services.
(7) Hospice service providers.
IV.
(8) Respite care service providers.
Services paid for with single-stream funding.
(9) Non-emergency medical transportation services.
11.
House Bill 70-Second Edition Page 3 General Assembly Of North Carolina Session 2019 (10) Occupational and physical therapy service providers.
Adult care homes, as defined in G.S.
(f) Confidentiality of Data.
131D-2.1.
– All data submitted to or through the HIE Network containing protected health information or personally identifying information that are in the possession of the Department of Information Technology or other agency of the State shall be confidential and shall not be public records pursuant to G.S.
12.
132-1." SECTION 2.
Family care homes, as defined in G.S.
G.S.
131D-2.1.
90-414.8 reads as rewritten:
13.
"§ 90-414.8.
Home care agencies, as defined in G.S.
North Carolina Health Information Exchange Advisory Board.
131E-136(2).
(a) Creation and Membership.
14.
– There is hereby established the North Carolina Health Information Exchange Advisory Board within the Department of Information Technology.
Home health agencies, as defined in G.S.
The Advisory Board shall consist of the following 12 14 members:
131E-136(4)." SECTION 2.
(1) The following four five members appointed by the President Pro Tempore of the Senate:
a.
A licensed physician in good standing and actively practicing in a medical specialty in this State.
b.
A patient representative.
c.
An individual with technical expertise in health data analytics.
d.
A representative of a behavioral health provider.
e.
A representative of a payor.
(2) The following four five members appointed by the Speaker of the House of Representatives:
a.
A representative of a critical access hospital.
b.
A representative of a federally qualified health center.
c.
An individual with technical expertise in health information technology.
d.
A representative of a health system or integrated delivery network.
e.
A licensed independent primary care physician in good standing and actively practicing in this State.
(3) The following three four ex officio, nonvoting voting members:
a.
The State Chief Information Officer or a designee.
b.
The Director of GDAC or a designee.
c.
The Secretary of Health and Human Services, or a designee.
d.
TheExecutiveAdministratorofthe StateHealthPlanfor Teachers and State Employees, or a designee.
(4) The following ex officio, voting member:
a.
TheExecutiveAdministratorofthe StateHealthPlanfor Teachers and State Employees, or a designee.
…." SECTION 3.
G.S.
90-414.10 reads as rewritten:
"§ 90-414.10.
Continuing right to opt out;
effect of opt out.
… (d) Except as otherwise permitted in G.S.
90-414.9(a)(3), G.S.
90-414.11(a)(3), or as required by law, the protected health information of an individual who has exercised the right to opt out may not be made accessible or disclosed to covered entities or any other person or entity through the HIE Network for any purpose.
…." SECTION 4.
Page 4 House Bill 70-Second Edition
Page 2 House Bill 70-First Edition
⬇ Download PDF
View plain text versions (10)

Action History

  1. Signed by Gov. 6/6/2019

  2. Ch. SL 2019-23

  3. Concurred In S Com Sub

  4. Ordered Enrolled

  5. Ratified

  6. Pres. To Gov. 6/4/2019

  7. Cal Pursuant 36(b)

  8. Placed On Cal For 06/04/2019

  9. Regular Message Sent To House

  10. Regular Message Received For Concurrence in S Com Sub

  11. Reconsidered 3rd Reading

  12. Placed on Today's Calendar

  13. Amend Adopted A2

  14. Passed 3rd Reading

  15. Engrossed

  16. Amend Adopted A1

  17. Passed 2nd Reading

  18. Passed 3rd Reading

  19. Engrossed

  20. Reptd Fav

  21. Reptd Fav Com Substitute

  22. Com Substitute Adopted

  23. Re-ref Com On Rules and Operations of the Senate

  24. Withdrawn From Com

  25. Re-ref to Health Care. If fav, re-ref to Rules and Operations of the Senate

  26. Regular Message Sent To Senate

  27. Regular Message Received From House

  28. Passed 1st Reading

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

  30. Passed 2nd Reading

  31. Passed 3rd Reading

  32. Withdrawn From Cal

  33. Placed On Cal For 03/27/2019

  34. Reptd Fav

  35. Cal Pursuant Rule 36(b)

  36. Placed On Cal For 03/20/2019

  37. Reptd Fav Com Substitute

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

  39. Passed 1st Reading

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

  41. Filed

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

3 sponsors · 10 co-sponsors · 166 not signed on

Sponsors (3)

Co-sponsors (10)

Not signed on (166)

166 members have not signed on to this bill.

Show all 166 →

"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

M11 Concur

Passed 110 Yea · 0 Nay · 10 Other
Party YeaNayPresentNot Voting
Democratic 25000
Republican 30003
Unaffiliated 54006
U 1001
Total 1100010
% of votes cast 92%0%0%8%
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
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
Russell — Yea
Terry — Yea
vonHaefen — Yea
Wray — Yea
Bumgardner — 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
Presnell — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Gailliard — Not Voting
Boles — Not Voting
Henson — Not Voting
Richardson — Not Voting
Murphy — Not Voting
Rogers — Not Voting
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
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 Not Voting
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Not Voting
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
Jay Adams Republican Not Voting
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 Yea
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 Not Voting
Nasif Majeed U Yea

Official roll call →

Third Reading

Passed 47 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Democratic 8000
Unaffiliated 26003
Republican 13000
Total 47003
% of votes cast 94%0%0%6%
How each member voted (50)
Member Party Vote
deViere — Yea
Fitch — Yea
Marcus — Yea
McKissick — Yea
Nickel — Yea
Peterson — Yea
Searcy — Yea
Smith — Yea
VanDuyn — Yea
Woodard — Yea
Ballard — Yea
Bishop — Yea
Brown — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Tillman — Yea
Wells — Yea
Foushee — Not Voting
J. Davis — Not Voting
Horner — Not Voting
D. Davis — Yea
J. Jackson — Yea
Dan Blue Democratic Yea
Gladys A. Robinson Democratic Yea
Jay J. Chaudhuri Democratic Yea
Joyce Waddell Democratic Yea
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Yea
Paul A. Lowe, Jr. Democratic Yea
Tracy Clark Democratic Yea
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Yea
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

healthcare health-insurance technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 70?
HB 70 is sponsored by Dobson, Murphy, Donny Lambeth (Republican), Adcock, Cynthia Ball (Democratic), William D. Brisson (Republican), Carla D. Cunningham (U), Holley, Insko, Sasser, Shelly Willingham (Democratic), Joe John (Democratic), and Donna McDowell White (Republican).
What is the current status of HB 70?
This bill has been enacted into law. Introduced February 13, 2019. Enacted.
Where can I track HB 70?
Track HB 70 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on HB 70

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of HB 70

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →