Bill Summaries: H83 (2013-2014 Session)

Tracking:
  • Bill H 83 (2013-2014)
    Summary date: May 2 2013 - View summary

    House committee substitute the 2nd edition makes the following changes. Deletes the proposed amendment to GS 131E-176(14o), which increased the threshold amount for major medical equipment requiring CON review from $750,000 to $1.5 million.
    Courts/Judiciary, Department of Health and Human Services, Health Care Facilities and Providers
    GS 131E
  • Bill H 83 (2013-2014)
    Summary date: Mar 19 2013 - View summary

    House Committee Substitute makes the following changes to the 1st edition.

    Deletes the clause that "the proponent proposes to spend $5 million or more" from the list of circumstances that trigger a public hearing from GS 131E-185(a1)(2) for a certificate of need.

    Makes clarifying and technical changes to GS 131E-176(16)b. Excludes the cost of replacement equipment from counting towards capital expenditure threshold.

    Amends GS 131E-176(22a), providing that the term comparable medical equipment is considered as defined by 10A NCAC 14C .0303(c). Also excludes the cost of replacement equipment from consideration as a new institutional health service.

    Amends GS 131E-188(a1) and (b1), making technical corrections and clarifying changes.

    Makes conforming changes to long title.
    Courts/Judiciary, Department of Health and Human Services, Health Care Facilities and Providers
    GS 131E
  • Bill H 83 (2013-2014)
    Summary date: Feb 7 2013 - View summary

    As title indicates. Amends GS 131E-176 in the following ways. Deletes requirement that proposed capital expenditure be less than $5 million for expedited certificate of need (CON) review. Increases threshold amount for major medical equipment requiring CON review from $750,000 to $1.5 million. Increases the capital expenditure threshold amount for new institutional health services requiring CON review from $2 million to $4 million. Exempts replacement equipment from CON review regardless of cost (previously exempted replacement equipment costing less than $2 million).

    Amends GS 131E-188 to require a separate bond for each approved CON application that is the subject of a contested case petition or appeal. Increases the maximum bond amount from $50,000 to $100,000. Requires the court to award the CON applicant attorney fees and costs after finding that the petition for a contested case was frivolous or filed to delay. Grants court of appeals discretion to establish a higher bond amount (previously could not exceed $300,000). Makes technical corrections.

    Makes conforming changes.

    Effective October 1, 2013, and applies to CON applications, contested case petitions, and appeals filed on or after that date. 
    Courts/Judiciary, Department of Health and Human Services, Health Care Facilities and Providers
    GS 131E

© 2022 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.