HB 660 — Repeal Certificate of Need/Certain Facilities and Procedures.

GENERAL ASSEMBLY OF NORTH CAROLINA H.B.SESSION 2021 H 1 HOUSE BILL 660 Short Title:

660 Apr 22, 2021 SESSION 2021 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH40372-MG-131 Short Title:

RepresentativeRepresentatives Kidwell.Kidwell, Goodwin, Hanig, and Sasser (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Rules, Calendar, and Operations of the House, if favorable, Rules, Calendar, and Operations of the House April 26, 2021 A BILL TO BE ENTITLED AN ACT REMOVING PSYCHIATRIC FACILITIES, CHEMICAL DEPENDENCY TREATMENT FACILITIES, KIDNEY DISEASE TREATMENT CENTERS, AND CERTAIN OCULAR SURGICAL PROCEDURES FROM CERTIFICATE OF NEED REVIEW.

*H660-v-1* General Assembly Of North Carolina Session 2021 c.

A freestanding facility specializing in treatment of individuals with chemical dependence or substance use disorders that is licensed under *DRH40372-MG-131* General Assembly Of North Carolina Session 2021 Article 1A of former Chapter 122 of the General Statutes or Article 2 ofChapter122C oftheGeneral Statutes.Thefacilitymaybeidentified as "chemical dependency, substance abuse, alcoholism, or drug abuse treatment units," "residential chemical dependency, substance use disorder, alcoholism or drug abuse facilities," or by other names if the purpose is to provide treatment of individuals with chemical dependence or substance use disorders.

(vi) chemical dependency treatment beds;(vii)(v)hospiceinpatientfacilitybeds;(viii)(vi)hospiceresidentialcarebeds;(vii)(v)hospiceinpatientfacilitybeds; facility beds;

(viii)(vi)hospiceresidentialcare facility beds;

… Page 2 House Bill 660-First Edition General Assembly Of North Carolina Session 2021 (21) Psychiatric facility.

– A public or private facility licensed pursuant to Article 2 of Chapter 122C of the General Statutes and which is primarily engaged in Page 2 DRH40372-MG-131 General Assembly Of North Carolina Session 2021 providing to inpatients, by or under the supervision of a physician, psychiatric services for the diagnosis and treatment of individuals with mental illnesses.

(2) Theapplicant verifies,byverifies,byaffidavit affidavit submittedtotheDivision ofHealth Service Regulation within 60 days of the effective date of this act, that the facility is inoperationasoftheeffectivedateofthisactorthatthecompletedapplication for the building permit for the facility was submitted by the effective date of this act;act.

All other persons proposing to obtain a license to establish an ambulatoryambulatorysurgical surgicalfacilityfor facility for the provision of gastrointestinal endoscopy procedures shall be required to obtain a certificate of need.

(a2) No ophthalmologist licensed to practice in this State who provides ocular surgical proceduresinoneormoreocularsurgicalprocedureroomsshallberequiredtoobtainacertificate ofneedtolicensethatsettingasanofneedtolicensethatsettingas an ambulatorysurgicalfacilitywiththeexistingnumberof ocular surgical procedure rooms, provided that the ophthalmologist meets all of the following criteria:

(2) Theapplicant verifies,byverifies,byaffidavit affidavit submittedtotheDivision ofHealth Service Regulation within 60 days after the effective date of this subsection, that the facility is in operation as of the effective date of this subsection or that the completed application for the building permit for the facility was submitted by the effective date of this subsection.

House Bill 660-First Edition Page 3 General Assembly Of North Carolina Session 2021 (4) The license application includes a commitment and plan for serving indigent and medically underserved populations.

DRH40372-MG-131 Page 3 General Assembly Of North Carolina Session 2021 All other persons proposing to obtain a license to establish an ambulatoryambulatorysurgical surgicalfacilityfor facility for the provision of ocular surgical procedures shall be required to obtain a certificate of need.

A kidney disease treatment center, defined as a facilityfacilitythat that is certified as an end stage renal disease facility by the Centers for Medicare and Medicaid Services, Department of Health and Human Services, pursuant to 42 C.F.R.

A psychiatric facility, defined as a public or private facility licensed pursuant to Article 2 of Chapter 122C of the General Statutes and which is primarily engaged in providing to inpatients, by or under the Page 4 House Bill 660-First Edition General Assembly Of North Carolina Session 2021 supervision of a physician, psychiatric services for the diagnosis and treatment of individuals with mental illness.

…." Page 4 DRH40372-MG-131 General Assembly Of North Carolina Session 2021 SECTION 5.

DRH40372-MG-131House Bill 660-First Edition Page 5