SB 370 — Repeal Certificate of Need Laws.

FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA MarSESSION 20, 2025 S.B.S 1 SENATE BILL 370 Short Title:

370 SESSION 2025 PRINCIPAL CLERK S D SENATE BILL DRS45104-MG-90 Short Title:

Rules and Operations of the Senate March 24, 2025 A BILL TO BE ENTITLED AN ACT REPEALING NORTH CAROLINA'S CERTIFICATE OF NEED LAWS.

"(a) In anyanycivil 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.

Any attorney's fees assessed against an agencyagencyunder 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, 2026.

131E-188(b),theNorth CarolinaIndustrialCarolina Industrial Commission,theNorth CarolinaStateBarunder G.S.

130A-293, appeal as of right lies directly to the Court of Appeals." *DRS45104-MG-90**S370-v-1* General Assembly Of North Carolina Session 2025 SECTION 2.(b) Subsection (a) of this section applies to appeals arising on or after January 1, 2026.

131E-176(13a).Any coordinated program of home care with provision for inpatient care for terminallyterminallyill ill patients and their families.

This care is provided by a medically directed interdisciplinary team directlydirectlyor or through an agreement under the direction of an identifiable hospice administration.

Page 2 DRS45104-MG-90Senate Bill 370-First Edition General Assembly Of North Carolina Session 2025 "(1) The following providers of Medicaid services licensed to operate in the State that have an electronic health record system shall begin submitting, at a minimum, demographic and clinical data by June 1, 2018:

"(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 DRS45104-MG-90Senate Bill 370-First Edition Page 3 General Assembly Of North Carolina Session 2025 by the President of the United States, a declaration of a public health emergencyemergencyby by 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)oftheSocialSecurity1135or1812(f)oftheSocialSecurityAct; Act;

orwhenorwhenthe the Division of Health Service Regulation determines the existence of an emergency that poses a risk to the health or safety of patients, the Division of Health Service Regulation may do either or both of the following:

"(4) "Home health agency" means a home care agencyagencywhich 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.

Page 4 DRS45104-MG-90Senate Bill 370-First Edition