GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 861 Short Title: Taxpayer Accountability/Pregnancy Centers. (Public) Sponsors: Representatives Cervania, Crawford, and Greenfield (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. Referred to: Rules, Calendar, and Operations of the House April 10, 2025 *H861 -v-1* A BILL TO BE ENTITLED 1 AN ACT ENHANCING TAX PAYER ACCOUNTABILITY BY REQUIRING THE 2 ESTABLISHMENT OF A C OMPETITIVE GRANT PRO CESS, PERFORMANCE 3 STANDARDS, AND ADDIT IONAL REPORTING REQU IREMENTS FOR 4 PREGNANCY CENTERS. 5 The General Assembly of North Carolina enacts: 6 SECTION 1. Funds appropriated from the General Fund to the Department of Health 7 and Human Services, Division of Public Health, for each year of the 2025-2027 fiscal biennium 8 for Carolina Pregnancy Care Fellowship (CPCF), a nonprofit corporation, are subject to the 9 following requirements: 10 (1) The CPCF shall establish a competitive grant process for awarding the grants 11 authorized by subdivisions (a)(1) through (a)(3) of Section 9H.11 of S.L. 12 2023-134. The plan for administering the competitive grant process shall 13 include all of the following: 14 a. A request for application (RFA) process to allow pregnancy centers 15 located in this State to apply for and receive a grant authorized by this 16 section on a competitive basis. The RFA application shall include at 17 least all of the following components: 18 1. An explanation of the applicant's operations and staff, 19 including all of the following: 20 I. The hours of operation. 21 II. The full name, official position, credentials, specialties, 22 and salaries of all staff and volunteers. 23 III. Required qualifications, trainings, and credentials for 24 all employees, volunteers, contractors, and consultants. 25 IV. An explanation of the application process for 26 employees, volunteers, and consultants, including 27 whether the application requires a disclosure about 28 religious beliefs and if any answer or failure to answer 29 will disqualify an applicant. 30 V. What vendors and materials are used for training 31 employees, consultants, and volunteers. 32 VI. Whether licensed health care providers are required to 33 be on-site during operating hours and, if so, an 34 General Assembly Of North Carolina Session 2025 Page 2 House Bill 861-First Edition explanation of the requirement and what arrangements 1 are made if the requirement cannot be met. 2 VII. Whether any employees, contractors, or volunteers are 3 unlicensed health care providers. 4 VIII. Whether ultrasounds are performed on-site and, if so, 5 the qualifications of those performing and interpreting 6 the ultrasounds. 7 IX. Whether testing for sexually transmitted diseases is 8 performed on-site and, if so, the names and 9 qualifications of those performing such testing. 10 2. The specific activities, services, and programs provided by the 11 applicant during any part of the year. 12 3. A description of all medical equipment, the purposes of the 13 equipment, and funding sources for all of the equipment. 14 4. An explanation of the applicant's best practices with respect to 15 the use of medical equipment and the provision of any medical 16 testing, medical procedures, or counseling services. 17 5. A description of the applicant's advertising and marketing 18 practices. 19 b. A plan to evaluate the effectiveness, including measurable impact or 20 outcomes, of the activities, services, and programs for which the grant 21 funds are being requested. 22 c. A plan to monitor compliance with applicable law and the grant 23 agreement, with respect to the grantee's expenditure of grant funds. 24 d. A plan to detect fraud and abuse by grantees. 25 (2) No later than July 1 of each year, beginning July 1, 2026, the CPCF shall 26 announce the recipients of the competitive grant awards and allocate funds to 27 the grantees for the respective grant period pursuant to the amounts designated 28 under subsection (a) of this section. After awards have been granted, the CPCF 29 shall submit a report to the Department of Health and Human Services, the 30 Joint Legislative Commission on Governmental Operations, the Joint 31 Legislative Oversight Committee on Health and Human Services, and the 32 Fiscal Research Division on the grant awards that includes at least all of the 33 following information: 34 a. The identity and a brief description of each grantee and each activity, 35 service, and program offered by the grantee. 36 b. The amount of funding awarded to each grantee. 37 c. The number of persons served by each grantee, broken down by 38 activity, service, and program. 39 d. The number of persons served by the Circle of Care Program. 40 e. A copy of each grantee's RFA application. 41 (3) The CPCF may not use more than ten percent (10%) of the total amount of 42 funds allocated by this section for the 2023-2025 fiscal biennium and not more 43 than fifteen percent (15%) of the total amount of funds allocated by this 44 section for subsequent fiscal years for administrative purposes. 45 (4) Funds allocated to CPCF shall be used for nonsectarian, nonreligious purposes 46 only. 47 (5) Annually on July 1, beginning July 1, 2026, the CPCF shall report to the 48 Department of Health and Human Services, the Joint Legislative Commission 49 on Governmental Operations, the Joint Legislative Oversight Committee on 50 Health and Human Services, and the Fiscal Research Division on the use of 51 General Assembly Of North Carolina Session 2025 House Bill 861-First Edition Page 3 funds allocated under this section. The report shall include at least all of the 1 following information for the preceding fiscal year: 2 a. A description of any monitoring activities undertaken by the CPCF to 3 ensure that grant funds awarded under the competitive grant process 4 authorized by this section are being spent for the purposes for which 5 they were requested. 6 b. A description of any technical assistance provided by the CPCF to 7 grant applicants or grantees. 8 c. A detailed breakdown of the funds expended by the CPCF for 9 administrative purposes related to the competitive grant process 10 authorized by this section. 11 (6) Annually on July 1, beginning July 1, 2026, each pregnancy center awarded 12 grant funds pursuant to the competitive grant process authorized by this 13 section shall report to the Department of Health and Human Services, the Joint 14 Legislative Commission on Governmental Operations, the Joint Legislative 15 Oversight Committee on Health and Human Services, and the Fiscal Research 16 Division on its use of the grant funds. The report shall include at least all of 17 the following information for the preceding fiscal year: 18 a. A report of its activities and services, broken down by funding source, 19 that includes the number of clients served by each pregnancy center 20 by county of residence and the following age categories: 21 1. Less than 16 years old. 22 2. 16 years old through 20 years old. 23 3. 21 years old through 25 years old. 24 4. 26 years old through 30 years old. 25 5. 31 years old through 35 years old. 26 6. 36 years old through 40 years old. 27 7. 41 years old through 45 years old. 28 8. 46 years old and older. 29 b. The number of visits by client for each of the previously defined age 30 categories, broken down by type of visit. 31 c. The number of services, supports, and referrals provided to clients for 32 each of the previously defined age categories, broken down by type of 33 service, support, or referral provided, including pregnancy counseling, 34 pregnancy testing, ultrasounds, and testing for sexually transmitted 35 diseases. 36 d. The number of service requests received by the pregnancy center. 37 e. The race and ethnicity data associated with clients receiving services. 38 f. The number of clients that fall under each of the following income 39 ranges: 40 1. Less than $20,000. 41 2. $20,000 to $34,999. 42 3. $35,000 to $49,999. 43 4. $50,000 to $74,999. 44 5. $75,000 to $99,999. 45 6. Over $100,000. 46 g. The total number of unduplicated clients served by the pregnancy 47 center and the total number of unduplicated new clients served during 48 the fiscal year. 49 SECTION 2. Chapter 131E of the General Statutes is amended by adding a new 50 section to read: 51 General Assembly Of North Carolina Session 2025 Page 4 House Bill 861-First Edition "ยง 131E-269.5. Pregnancy centers; performance standards; recovery of State funds for 1 noncompliance. 2 (a) As used in this section, the term "pregnancy center" means any nonprofit organization 3 other than a hospital, ambulatory surgical facility, or clinic that performs abortions, that holds 4 itself out as a facility that provides care for pregnant women, including pregnancy counseling 5 services, pregnancy testing, and other nonmedical pregnancy services. 6 (b) The Department shall adopt rules establishing performance standards for pregnancy 7 centers operating in this State. The rules shall, at a minimum, establish a monitoring mechanism 8 and reporting requirements to facilitate the Department periodically assessing whether pregnancy 9 centers are adhering to the established performance standards. The reporting requirements shall, 10 at a minimum, require pregnancy centers to annually report to the Department at least all of the 11 following information for the preceding five-year period: 12 (1) All contracts and agreements entered into with the State of North Carolina or 13 Carolina Pregnancy Care Fellowship (CPCF), a nonprofit organization, during 14 the preceding five-year period. 15 (2) A list of all monetary transactions between the pregnancy center and State of 16 North Carolina or CPCF. 17 (3) Itemized annual expenditures for all of the following: 18 a. Individual employees, with a breakdown of the number of full-time 19 and part-time staff, the number of hours worked by each full-time and 20 part-time staff member, and the salaries and wages paid to each staff 21 member. 22 b. Administrative supplies and materials, with an explanation of the 23 purposes for these items. 24 c. All supplies and materials provided to individuals served by the 25 pregnancy center, including: 26 1. Pregnancy tests. 27 2. Diapers. 28 3. Medicines. 29 4. Baby food. 30 5. Baby formula. 31 d. Marketing and promotional materials, including all of the following: 32 1. Flyers. 33 2. Print advertisements. 34 3. Broadcast advertisements. 35 4. Digital and social media advertisements. 36 5. Promotions for fundraisers. 37 e. Educational materials for clients or patients, including pamphlets and 38 audiovisual seminars. 39 f. Travel expenses. 40 g. Medical equipment, including ultrasound machines. 41 h. Events sponsored by the pregnancy center. 42 i. Medical training and medical equipment training offered by the 43 pregnancy center. 44 j. Contracted services, including staffing services, event services, 45 information technology services, and cleaning services. 46 k. Rent or mortgage and utilities. 47 (4) Documentation of applications for employment and applications for 48 volunteers. 49 (5) Copies of Internal Revenue Service Form 990. 50 General Assembly Of North Carolina Session 2025 House Bill 861-First Edition Page 5 (c) The Department shall take appropriate administrative action to recover any amount 1 of grant funds or State appropriations disbursed to a pregnancy center for any fiscal year in which 2 the Department determines that the pregnancy center is out of compliance with the performance 3 standards adopted under this section. A pregnancy center aggrieved by a final determination of 4 the Department pursuant to this subsection may appeal the decision as provided under Article 3 5 of Chapter 150B of the General Statutes." 6 SECTION 3. This act becomes effective July 1, 2025. 7