North Carolina 2023-2024 Session Status: In Committee 7 R cosponsors

SB 48 — Repeal Certificate of Need Laws.

Last action — Withdrawn From Com

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

This bill died with 2023-2024 Session. It reached “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

19 added · 20 removed

Plain-language change summary

The revised version of Senate Bill 48 has made some edits to its language but retains its core focus. Key terms and definitions related to home health agencies and the handling of attorney's fees in civil actions have been clarified. These changes are important as they aim to improve the bill's clarity, ensuring that the provisions are easier to understand and implement, particularly for those involved in home health services and legal processes.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Jan 31, 2023 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 1 SENATE BILL 48 Short Title:
48 SESSION 2023 PRINCIPAL CLERK S D SENATE BILL DRS45027-MG-40 Short Title:
A BILL TO BE ENTITLED AN ACT REPEALING NORTH CAROLINA'S CERTIFICATE OF NEED LAWS.
Rules and Operations of the Senate February 1, 2023 A BILL TO BE ENTITLED AN ACT REPEALING NORTH CAROLINA'S CERTIFICATE OF NEED LAWS.
"(a) In any civil action, other than an adjudication for the purpose of establishing or fixing a rate, or a disciplinary action by a licensing board, brought by the State or brought by a party who is contesting State action pursuant to G.S.
"(a) In anycivil action, other than an adjudication for the purpose of establishing or fixing a rate, or a disciplinary action by a licensing board, brought by the State or brought by a party who is contesting State action pursuant to G.S.
Any attorney's fees assessed against an agency under this section shall be charged against the operating expenses of the agency and shall not be reimbursed from any other source." SECTION 1.(b) Subsection (a) of this section applies to contested cases arising on or after January 1, 2024.
Any attorney's fees assessed against an agencyunder this section shall be charged against the operating expenses of the agency and shall not be reimbursed from any other source." SECTION 1.(b) Subsection (a) of this section applies to contested cases arising on or after January 1, 2024.
131E-188(b),theNorth CarolinaIndustrial Commission,theNorth CarolinaStateBarunder G.S.
131E-188(b),theNorth Carolina Industrial Commission,theNorth CarolinaStateBarunder G.S.
130A-293, appeal as of right lies directly to the Court of Appeals." *DRS45027-MG-40* General Assembly Of North Carolina Session 2023 SECTION 2.(b) Subsection (a) of this section applies to appeals arising on or after January 1, 2024.
130A-293, appeal as of right lies directly to the Court of Appeals." *S48-v-1* General Assembly Of North Carolina Session 2023 SECTION 2.(b) Subsection (a) of this section applies to appeals arising on or after January 1, 2024.
131E-176(13a).Any coordinated program of home care with provision for inpatient care for terminally ill patients and their families.
131E-176(13a).Any coordinated program of home care with provision for inpatient care for terminallyill patients and their families.
This care is provided by a medically directed interdisciplinary team directly or through an agreement under the direction of an identifiable hospice administration.
This care is provided by a medically directed interdisciplinary team directlyor through an agreement under the direction of an identifiable hospice administration.
131E-176(13).Hospitals, defined for the purposes of this section as public or private institutions which are primarily engaged in providing to inpatients, by or under supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or Page 2 DRS45027-MG-40 General Assembly Of North Carolina Session 2023 rehabilitation services for the rehabilitation of injured, disabled, or sick persons.
131E-176(13).Hospitals, defined for the purposes of this section as public or private institutions which are primarily engaged in providing to inpatients, by or under supervision of physicians, diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or Page 2 Senate Bill 48-First Edition General Assembly Of North Carolina Session 2023 rehabilitation services for the rehabilitation of injured, disabled, or sick persons.
"(a1) In the event of a declaration of a state of emergency by the Governor in accordance with Article 1A of Chapter 166A of the General Statutes, a declaration of a national emergency by the President of the United States, a declaration of a public health emergency by the Secretary of the United States Department of Health and Human Services;
"(a1) In the event of a declaration of a state of emergency by the Governor in accordance with Article 1A of Chapter 166A of the General Statutes, a declaration of a national emergency by the President of the United States, a declaration of a public health emergencyby the Secretary of the United States Department of Health and Human Services;
or to the extent necessary to allow for consistency with any temporary waiver or modification issued by the Secretary of the United States Department of Health and Human Services or the Centers for Medicare and Medicaid Services under section 1135or1812(f)oftheSocial Security Act;
or to the extent necessary to allow for consistency with any temporary waiver or modification issued by the Secretary of the United States Department of Health and Human Services or the Centers for Medicare and Medicaid Services under section 1135or1812(f)oftheSocialSecurityAct;
DRS45027-MG-40 Page 3 General Assembly Of North Carolina Session 2023 (1) Temporarily temporarily waive any rules of the Commission pertaining to hospitals.
Senate Bill 48-First Edition Page 3 General Assembly Of North Carolina Session 2023 (1) Temporarily temporarily waive any rules of the Commission pertaining to hospitals.
"(4) "Home health agency" means a home care agency which is certified to receive Medicare and Medicaid reimbursement for providing nursing care, therapy, medical social services, and home health aide services on a part-time, intermittent basis as set out in G.S.
"(4) "Home health agency" means a home care agencywhich is certified to receive Medicare and Medicaid reimbursement for providing nursing care, therapy, medical social services, and home health aide services on a part-time, intermittent basis as set out in G.S.
(b) Any person who contracts to provide inpatient chemical dependency or substance abuse services to inmates of the Department of Adult Correction or to offenders under the supervision of the Division of Community Supervision and Reentry of the Department of Adult Correction may construct and operate a new chemical dependency or substance abuse facility for that purpose without first obtaining a certificate of need from the Department of Health and Human Services pursuant to Article 9 of Chapter 131E of the General Statutes.
(b) Any person who contracts to provide inpatient chemical dependency or substance abuse services to inmates of the Department of Adult Correction or to offenders under the supervision of the Division of Community Supervision and Reentry of the Department of Adult Correction mayconstruct and operate a new chemical dependency or substance abuse facilityfor that purpose without first obtaining a certificate of need from the Department of Health and Human Services pursuant to Article 9 of Chapter 131E of the General Statutes.
Page 4 DRS45027-MG-40
Page 4 Senate Bill 48-First Edition
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Action History

  1. Withdrawn From Com

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

  3. Passed 1st Reading

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

  5. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 6 co-sponsors · 171 not signed on

Sponsors (2)

Co-sponsors (6)

Not signed on (171)

171 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

Subjects

public-safety healthcare
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 SB 48?
SB 48 is sponsored by Krawiec, Jim Burgin (Republican), Kevin Corbin (Republican), Carl Ford (Republican), Bobby Hanig (Republican), Ralph Hise (Republican), Steve Jarvis (Republican), and Norman W. Sanderson (Republican).
What is the current status of SB 48?
This bill died with 2023-2024 Session. It reached “In Committee” 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.
Where can I track SB 48?
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