North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S445 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 2
	3	+	S 1
4	4		SENATE BILL 445
5		-	~~Health Care Committee Substitute Adopted 4/17/25~~
	5	+
6	6
7	7		Short Title: Reg. Relief for Hospitals in Disaster Zones. (Public)
8		-	Sponsors:
9		-	Referred to:
	8	+	Sponsors: Senator Jarvis (Primary Sponsor).
	9	+	Referred to: Rules and Operations of the Senate
10	10		March 25, 2025
11		-	S445 -v-2
	11	+	S445 -v-1
12	12		A BILL TO BE ENTITLED 1
13	13		AN ACT PROVIDING FOR THE AUTOMATIC ADOPT ION OF ANY TEMPORARY 2
14	14		WAIVER OR MODIFICATI ON ISSUED BY THE SEC RETARY OF THE UNITED 3
15	15		STATES DEPARTMENT OF HEALTH AND HUMAN SE RVICES OR THE CENTERS 4
16	16		FOR MEDICARE OR MEDI CAID SERVICES UNDER SECTION 1135 OR 1812(F) OF 5
17	17		THE SOCIAL SECURITY ACT. 6
18	18		The General Assembly of North Carolina enacts: 7
19	19		SECTION 1. G.S. 131E-84 reads as rewritten: 8
20	20		"§ 131E-84. Waiver of rules and increase in bed capacity during an emergency. 9
21		-	… 10
22		-	(a2) Notwithstanding any other provision of this section or the General Statutes, in the 11
23		-	event the Secretary of the United States Department of Health and Human Services or the Centers 12
24		-	for Medicare and Medicaid Services issues a temporary waiver or modification under section 13
25		-	1135 or 1812(f) of the Social Security Act, the corresponding rule or portion of a rule adopted 14
26		-	by the Commission pertaining to hospitals is automatically modified or waived to the extent 15
27		-	necessary to allow for consistency with the federal waiver or modification and shall continue in 16
28		-	place at least until the federal waiver or modification has expired. Nothing in this subsection shall 17
29		-	be construed as preventing the Division of Health Service Regulation from further waiving or 18
30		-	modifying any rules of the Commission. 19
31		-	(b) As used in this section, "emergency management agency" is as defined in 20
32		-	G.S. 166A-19.3." 21
33		-	SECTION 2. This act is effective when it becomes law. 22
	21	+	(a) The Division of Health Service Regulation may temporarily waive, during disasters 10
	22	+	or emergencies declared in accordance with Article 1A of Chapter 166A of the General Statutes, 11
	23	+	any rules of the Commission pertaining to a hospital to the extent necessary to allow the hospital 12
	24	+	to provide temporary shelter and temporary services requested by the emergency management 13
	25	+	agency. The Division may identify, in advance of a declared disaster or emergency, rules that 14
	26	+	may be waived, and the extent to which the rules may be waived, upon a declaration of disaster 15
	27	+	or emergency in accordance with Article 1A of Chapter 166A of the General Statutes. The 16
	28	+	Division may also waive rules under this subsection during a declared disaster or emergency 17
	29	+	upon the request of an emergency management agency and may rescind the waiver if, after 18
	30	+	investigation, the Division determines the waiver poses an unreasonable risk to the health, safety, 19
	31	+	or welfare of any of the persons occupying the hospital. The emergency management agency 20
	32	+	requesting temporary shelter or temporary services shall notify the Division within 72 hours of 21
	33	+	the time the preapproved waivers are deemed by the emergency management agency to apply. 22
	34	+	(a1) In the event of a declaration of a state of emergency by the Governor in accordance 23
	35	+	with Article 1A of Chapter 166A of the General Statutes, a declaration of a national emergency 24
	36	+	by the President of the United States, a declaration of a public health emergency by the Secretary 25
	37	+	of the United States Department of Health and Human Services; or to the extent necessary to 26
	38	+	allow for consistency with any temporary waiver or modification issued by the Secretary of the 27
	39	+	United States Department of Health and Human Services or the Centers for Medicare and 28
	40	+	Medicaid Services under section 1135 or 1812(f) of the Social Security Act; or when the Division 29
	41	+	of Health Service Regulation determines the existence of an emergency that poses a risk to the 30
	42	+	health or safety of patients, the Division of Health Service Regulation may do either or both of 31
	43	+	the following: 32
	44	+	(1) Temporarily waive any rules of the Commission pertaining to hospitals. 33
	45	+	(2) Notwithstanding G.S. 131E-183, allow a hospital to temporarily increase its 34
	46	+	bed capacity. 35 General Assembly Of North Carolina Session 2025
	47	+	Page 2 Senate Bill 445-First Edition
	48	+	(a2) Notwithstanding any other provision of this section or the General Statutes, in the 1
	49	+	event the Secretary of the United States Department of Health and Human Services or the Centers 2
	50	+	for Medicare and Medicaid Services issues a temporary waiver or modification under section 3
	51	+	1135 or 1812(f) of the Social Security Act, all rules of the Commission pertaining to hospitals 4
	52	+	are automatically modified or waived to the extent necessary to allow for consistency with the 5
	53	+	federal waiver or modification and shall continue in place at least until the federal waiver or 6
	54	+	modification has expired. Nothing in this subsection shall be construed as preventing the Division 7
	55	+	of Health Service Regulation from further waiving or modifying any rules of the Commission 8
	56	+	while a temporary waiver or modification is in effect under this subsection as long as the waiver 9
	57	+	or modification by the Division of Health Service Regulation reduces regulatory requirements 10
	58	+	on hospitals in a manner that is consistent with federal law. 11
	59	+	(b) As used in this section, "emergency management agency" is as defined in 12
	60	+	G.S. 166A-19.3." 13
	61	+	SECTION 2. This act is effective when it becomes law. 14