North Carolina 2023-2024 Session Status: In Committee 2 R cosponsors

SB 459 — Exempt Vascular Access Providers From CON.

Last action — Passed 1st Reading

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

14 added · 15 removed

Plain-language change summary

The recent revision of Senate Bill 459 includes clarifications regarding the verification process for applicants seeking a license to establish an ambulatory surgical facility. Specifically, the new version emphasizes that applicants must provide an affidavit to the Division of Health Service. These changes matter because they are intended to streamline the licensing process and ensure that applicants meet specific criteria before receiving approval, ultimately aiming to enhance the quality and safety of surgical facilities in North Carolina.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA Mar 30, 2023 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2023 S 1 SENATE BILL 459 Short Title:
459 SESSION 2023 PRINCIPAL CLERK S D SENATE BILL DRS45116-MG-93 Short Title:
A BILL TO BE ENTITLED AN ACT EXEMPTING PROVIDERS OF PHYSICIAN OFFICE-BASED VASCULAR ACCESS PROCEDURES FROM CERTIFICATE OF NEED REVIEW.
Rules and Operations of the Senate April 3, 2023 A BILL TO BE ENTITLED AN ACT EXEMPTING PROVIDERS OF PHYSICIAN OFFICE-BASED VASCULAR ACCESS PROCEDURES FROM CERTIFICATE OF NEED REVIEW.
(2) Theapplicant verifies,by affidavit submittedtotheDivision ofHealth Service Regulation within 60 days of the effective date of this act, that the facility was inoperationasoftheeffectivedateofthisactorthatthecompletedapplication for the building permit for the facility was submitted by the effective date of this act;act.
(2) Theapplicant verifies,byaffidavit submittedtotheDivision ofHealthService Regulation within 60 days of the effective date of this act, that the facility was inoperationasoftheeffectivedateofthisactorthatthecompletedapplication for the building permit for the facility was submitted by the effective date of this act;act.
(3) The facility has been accredited by The Accreditation Association for Ambulatory Health Care, The Joint Commission on Accreditation of *DRS45116-MG-93* General Assembly Of North Carolina Session 2023 Healthcare Organizations, The Joint Commission, or The American Association for Accreditation of Ambulatory Surgical Facilities by the time the license application is postmarked for delivery to the Division of Health Service Regulation of the Department;
(3) The facility has been accredited by The Accreditation Association for Ambulatory Health Care, The Joint Commission on Accreditation of *S459-v-1* General Assembly Of North Carolina Session 2023 Healthcare Organizations, The Joint Commission, or The American Association for Accreditation of Ambulatory Surgical Facilities by the time the license application is postmarked for delivery to the Division of Health Service Regulation of the Department;
All other persons proposing to obtain a license to establish an ambulatory surgical facility for the provision of gastrointestinal endoscopy procedures shall be required to obtain a certificate of need.
All other persons proposing to obtain a license to establish an ambulatorysurgical facilityfor the provision of gastrointestinal endoscopy procedures shall be required to obtain a certificate of need.
(a2) No person who provides vascular access for hemodialysis in a physician office-based vascular access center located in a nonlicensed setting shall be required to obtain a certificate of need to license that setting as an ambulatory surgical facility with theexisting number of vascular access procedure rooms, provided that the person meets all of the following criteria:
(a2) No person who provides vascular access for hemodialysis in a physician office-based vascular access center located in a nonlicensed setting shall be required to obtain a certificate of need to license that setting as an ambulatorysurgical facilitywith the existing number of vascular access procedure rooms, provided that the person meets all of the following criteria:
(2) Theapplicant verifies,by affidavit submittedtotheDivision ofHealth Service Regulation within 60 days after the effective date of this act, that the facility was in operation as of the effective date of this act or that the completed application for the building permit for the facility was submitted by the effective date of this act.
(2) Theapplicant verifies,byaffidavit submittedtotheDivision ofHealth Service Regulation within 60 days after the effective date of this act, that the facility was in operation as of the effective date of this act or that the completed application for the building permit for the facility was submitted by the effective date of this act.
(3) The facility has been accredited by the Accreditation Association for AmbulatoryHealthCare, TheJointCommission,ortheAmerican Association for Accreditation of Ambulatory Surgical Facilities by the time the license application is postmarked for delivery to the Division of Health Service Regulation of the Department.
(3) The facility has been accredited by the Accreditation Association for AmbulatoryHealthCare, TheJointCommission,or theAmerican Association for Accreditation of Ambulatory Surgical Facilities by the time the license application is postmarked for delivery to the Division of Health Service Regulation of the Department.
All other persons proposing to obtain a license to establish an ambulatory surgical facility for the provision of vascular access site management shall be required to obtain a certificate of need.
All other persons proposing to obtain a license to establish an ambulatorysurgical facilityfor the provision of vascular access site management shall be required to obtain a certificate of need.
Page 2 DRS45116-MG-93
Page 2 Senate Bill 459-First Edition
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How this bill changes current law

3 changes Share ↗

Compared against the N.C. General Statutes as published AI-generated reading aid — verify against the official bill.

The bill exempts providers of physician office-based vascular access procedures from the certificate of need review process.

  • G.S. 131E-175

    (13) That physicians providing care for vascular access sites in unlicensed settings should be given an opportunity to obtain a license to provide those services to ensure the safety of patients and the provision of quality care. (14) That demand for establishing and maintaining sites for vascular access procedures, which are commonly performed in emergency departments, is increasing at a rapid rate as more North Carolinians are living longer with end-stage renal disease. (15) That continuing to treat vulnerable patients with end-stage renal disease in nonhospital settings lowers costs, reduces overnight hospital stays, and keeps patients healthier.

    This addition establishes new findings emphasizing the importance of vascular access procedures.

  • G.S. 131E-178

    § 131E-178. Activities requiring certificate of need. → § 131E-178. Activities requiring certificate of need; limited exemptions for gastrointestinal endoscopy and vascular access for hemodialysis.

    This change updates the section title to reflect new exemptions for vascular access services.

  • G.S. 131E-178(a2)

    No person who provides vascular access for hemodialysis in a physician office-based vascular access center located in a nonlicensed setting shall be required to obtain a certificate of need to license that setting as an ambulatory surgical facility with the existing number of vascular access procedure rooms, provided that the person meets all of the following criteria: (1) The license application is postmarked for delivery to the Division of Health Service Regulation by December 31, 2023. (2) The applicant verifies, by affidavit submitted to the Division of Health Service Regulation within 60 days after the effective date of this act, that the facility was in operation as of the effective date of this act or that the completed application for the building permit for the facility was submitted by the effective date of this act. (3) The facility has been accredited by the Accreditation Association for Ambulatory Health Care, The Joint Commission, or the American Association for Accreditation of Ambulatory Surgical Facilities by the time the license application is postmarked for delivery to the Division of Health Service Regulation of the Department. (4) The license application includes a commitment to and a plan for serving indigent and medically underserved populations.

    This provision exempts vascular access centers from requiring a certificate of need under certain conditions.

Action History

  1. Passed 1st Reading

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

  3. Filed

Sponsors

Sponsorship breakdown

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1 sponsors · 2 co-sponsors · 176 not signed on

Sponsors (1)

Co-sponsors (2)

Not signed on (176)

176 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.

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Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors SB 459?
SB 459 is sponsored by Ralph Hise (Republican), Krawiec, and Jim Burgin (Republican).
What is the current status of SB 459?
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 459?
Track SB 459 free on One Click Politics — get push/email alerts when it moves.

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