Our seniors have helped make North Carolina a place that is growing and vibrant and have led us through many difficult times. During my past term in the General Assembly, I supported several initiatives that we hope will keep them healthy, safe and financially secure.
Below, I have included a few highlights of our work in the past two sessions, as well as some information from the 2010-11 budget. I hope you will find it useful.
Please contact me if I can be of any help. I look forward to continuing to serve you.
Planning
_ The General Assembly has directed several agencies to begin better preparing for the aging baby-boomer population. The law (SB 195 - SL2009-407) directs the University of North Carolina Institute on Aging and the Division of Aging and Adult Services to organize meetings of gerontologists, researchers and others to identify and prioritize issues the state will have to address. It also calls for the development of a website with information about how serve increasing numbers of adults.
Adult Care
_ The Division of Aging and Adult Services has been asked to study the issue of criminal history record checks for owners, operators, volunteers, and prospective owners, operators, and volunteers in adult day care programs and adult day health services programs. Among other things, the legislation (HB 1703 -SL2010-93) specifies that the study should identify which positions warrant a background check, develop a process for conducting the checks and designate who is responsible for requesting and paying for the check.
_County Departments of Social Services have been directed to conduct follow-up monitoring of adult care homes (HB 1186 - SL2009-232). The law is meant to improve patient safety by improving oversight of adult-care homes.
Health
_ Legislation to establish a long-term care partnership program was passed (SB 1193 - SL2010-68). Under a partnership program, a person who purchases a qualified long-term care insurance policy that provides a certain dollar amount of benefits will be allowed to disregard assets equal to the insurance payout when applying for Medicaid. States that have initiated a partnership program have found that this encourages people to plan for their long-term needs and also results in savings to their state Medicaid programs.
_ Several recommendations made by the N.C. Study Commission on Aging to expand dental care services for older and disabled North Carolinians with special care needs were approved, including having state agencies look at Medicaid reimbursement for certain services and coordinating workforce efforts to increase the number of dental care providers serving persons with special care needs. (SB 188 - SL2009-100).
_Automated calls to protect the public health, safety, or welfare are now allowed under a new state law (HB 1034 - SL2009-364). The system will be used to inform people that they have purchased products or medication that may be subject to a safety recall; that the person has not picked up a filled prescription drug or that one of their accounts may be subject to potential fraudulent activity. The calls cannot be used for any commercial purposes.
Safety
_The Division of Emergency Management is establishing a voluntary registry that counties and municipalities can use to identify functionally and medically fragile people during a disaster under a new state law (SB 258 - SL2009-225). The law also authorizes counties and municipalities to operate similar registries.
_We passed a new law to clarify that a Silver Alert may be issued for a person of any age (HB 1129 - SL2009-143). The Silver Alert System is a statewide system used to notify people about missing persons believed to be suffering from dementia or other cognitive impairments.
Housing
_The Statutory Homestead Exemption has been increased under a new state law (HB 1058 - SL2009-417). Qualified people aged 65 or older qualify for the exemption, which increased from $37,000 to $60,000.
Budget
_ $100,000 was approved to support Project C.A.R.E., the respite care and support program for families caring for persons with Alzheimer’s.
_ Funding for optional services under Medicaid (such as dental care; eye care and eyeglasses; occupational, physical, and speech therapies; hospice; prosthetics and orthotics; community alternative program; and rehabilitation services) for aged, blind, and disabled adults was preserved for the most part. The one area in which there was a significant cut was to Medicaid personal care services which provides in-home help to disabled and frail older adults. This program received a recurring cut of $50.7 million. The program had been criticized for allegedly serving people who did not meet the specific disability criteria and for providing more hours of service for people than what they needed.
_ No additional funding was appropriated for the Home and Community Care Block Grant, but no money was cut, either. The program helps older adults stay in their homes.
_ $450,000 was appropriated for the operation of the Stroke Advisory Council, the continued implementation of the public awareness campaign and identification of stroke rehabilitation services throughout the State.
_ $150,000 was authorized for a grant-in-aid to Prevent Blindness of North Carolina.
_ $50,000 was provided for a non-recurring grant-in-aid to NC Arthritis Patient Services is provided for in the budget.
Notes
_ The latest US Bureau of Labor Statistics report shows that North Carolina led the nation in employment gains from July to August with the addition of 18,600 jobs. The report also points out that our state ranked fourth among the states in employment gains from August 2009 to August 2010 with 36,700 jobs. We were third in the nation in over the year jobless rate with a decline of 1.2 percentage points.
_ Cree Inc., a global leader in LED lighting technology and products, will expand its manufacturing operations in Durham. The company plans to create 244 jobs over the next two years and invest $135 million.
_ Empire Foods Inc., an advanced-technology food processing company, will bring 200 jobs to Halifax County. The company, using technology licensed from N.C. State University, plans to create 200 jobs and invest $2.5 million over the next five years.
_ Baltek Inc., a manufacturer of core materials for the wind energy, mass transit, marine and military markets, will relocate to a new manufacturing facility in Guilford County. The company plans to create 68 jobs and invest $3.25 million over the next three years.
_ DNP IMS America Corp., a printing-technology company, will expand in Concord. The company plans to create 37 jobs and invest $24.8 million during the next three years.
Prepared with the assistance of the Speaker’s Office of Communications
Sept. 16, 2010 From the Office of Representative Jimmy L. Love, Sr.
North Carolina is getting tougher on criminals in this state, while also trying to assure that we are punishing the right people. In this past session, I helped pass several laws to help us better track criminals and to provide better education to our judicial officials. I am proud of the work we have done in this area and we will continue pressing for changes in the General Assembly and in our courts. The integrity of our court system should never be called into question.
If you have any questions or if I can be of service to you, please contact me. Thank you as always for your interest in North Carolina and state government.
Animal Abuse
_ Following the abuse case of a dog in Guilford County named Susie, the General Assembly toughened the animal cruelty laws in North Carolina. The new law (S.L. 2010-16, SB 254) increases from a misdemeanor to a felony the penalty for maliciously killing an animal by depriving it of food or drink. It also allows for stiffer punishment in cases of abuse. The law becomes effective December 1.
DNA Evidence
_ The DNA Database Act of 2010 requires law enforcement to take DNA sample from some criminal suspects upon their arrests. Currently, 23 other states and the federal government have DNA upon arrest statutes and North Carolina already permits collection of DNA from convicted felons. The new law (S.L. 2010-94, HB 1403) requires DNA collection for suspects accused of murder, manslaughter, rape or sex offenses, felony assaults with a deadly weapon or causing serious bodily injury, kidnapping or human trafficking, burglary offenses, arson, armed robbery, stalking, cyberstalking, and any offense which would require the person to register as a sex offender. The act applies to anyone arrested for attempting, soliciting, conspiring, or aiding and abetting another to commit a listed offense. The records and samples relating to a defendant’s DNA sample must be expunged by if the charge is dismissed, the defendant is acquitted of the charge, the charge is not filed within a designated time period, or if the defendant is found guilty of a lesser-included misdemeanor that is not on the list of offenses contained in the act.
_ The Joint Select Committee on Preservation of Biological Evidence has been extended. The committee is reviewing matters related to the preservation of DNA and biological evidence. (S.L. 2010-152, Sec. 24, SB 900).
Sex Offenders and Domestic Violence
_ All convicted sex offenders from other states still serving a sentence must now register with the state. The previous law only required people convicted since December 1, 2006 to register. The new law (S.L. 2010-174, HB 726) goes into place Oct. 1.
_ The state Supreme Court must now establish minimum education standards for district court judges handling domestic violence cases. The law (S.L. 2010-106, HB 1762) also encourages The University of North Carolina School of Government to provide domestic violence training for district court judges and magistrates.
_ Law enforcement or a prosecutor must now provide a defendant’s criminal history to a judicial official when the judge is considering pretrial release conditions for people accused of domestic violence. The law (S.L. 2010-135, HB 1812) requires judge to consider the record as part of their decision about possible limits on the defendants.
Gambling
_ North Carolina has once again banned the use of electronic machines or devices for conducting or promoting sweepstakes. The act (S.L. 2010-103, HB 80) makes it unlawful for any person to operate, or place into operation, an electronic machine or device to conduct a sweepstakes through the use of an entertaining display, or to promote a sweepstakes that is conducted through the use of an entertaining display. Violation of the law is misdemeanor for a first offense and a felony upon a second offense.
Prepared with the assistance of the Speaker’s Office of Communications
If you have any questions or if I can be of service to you, please contact me. Thank you as always for your interest in North Carolina and state government.
Animal Abuse
_ Following the abuse case of a dog in Guilford County named Susie, the General Assembly toughened the animal cruelty laws in North Carolina. The new law (S.L. 2010-16, SB 254) increases from a misdemeanor to a felony the penalty for maliciously killing an animal by depriving it of food or drink. It also allows for stiffer punishment in cases of abuse. The law becomes effective December 1.
DNA Evidence
_ The DNA Database Act of 2010 requires law enforcement to take DNA sample from some criminal suspects upon their arrests. Currently, 23 other states and the federal government have DNA upon arrest statutes and North Carolina already permits collection of DNA from convicted felons. The new law (S.L. 2010-94, HB 1403) requires DNA collection for suspects accused of murder, manslaughter, rape or sex offenses, felony assaults with a deadly weapon or causing serious bodily injury, kidnapping or human trafficking, burglary offenses, arson, armed robbery, stalking, cyberstalking, and any offense which would require the person to register as a sex offender. The act applies to anyone arrested for attempting, soliciting, conspiring, or aiding and abetting another to commit a listed offense. The records and samples relating to a defendant’s DNA sample must be expunged by if the charge is dismissed, the defendant is acquitted of the charge, the charge is not filed within a designated time period, or if the defendant is found guilty of a lesser-included misdemeanor that is not on the list of offenses contained in the act.
_ The Joint Select Committee on Preservation of Biological Evidence has been extended. The committee is reviewing matters related to the preservation of DNA and biological evidence. (S.L. 2010-152, Sec. 24, SB 900).
Sex Offenders and Domestic Violence
_ All convicted sex offenders from other states still serving a sentence must now register with the state. The previous law only required people convicted since December 1, 2006 to register. The new law (S.L. 2010-174, HB 726) goes into place Oct. 1.
_ The state Supreme Court must now establish minimum education standards for district court judges handling domestic violence cases. The law (S.L. 2010-106, HB 1762) also encourages The University of North Carolina School of Government to provide domestic violence training for district court judges and magistrates.
_ Law enforcement or a prosecutor must now provide a defendant’s criminal history to a judicial official when the judge is considering pretrial release conditions for people accused of domestic violence. The law (S.L. 2010-135, HB 1812) requires judge to consider the record as part of their decision about possible limits on the defendants.
Gambling
_ North Carolina has once again banned the use of electronic machines or devices for conducting or promoting sweepstakes. The act (S.L. 2010-103, HB 80) makes it unlawful for any person to operate, or place into operation, an electronic machine or device to conduct a sweepstakes through the use of an entertaining display, or to promote a sweepstakes that is conducted through the use of an entertaining display. Violation of the law is misdemeanor for a first offense and a felony upon a second offense.
Prepared with the assistance of the Speaker’s Office of Communications
Sept. 9, 2010 From the Office of Representative Jimmy L. Love, Sr.
North Carolina suffered through a record-breaking drought in 2007 and the aftermath of that difficult time continues to influence our public policy. In addition to the immediate response to that crisis, we have made a number of changes that will improve our long-term approach to water planning. One of the decisions made in the House of Representatives was to establish a standing House Committee on Water Resources and Infrastructure so that we can examine water resource issues more closely and develop more expertise in the area. That committee has been busy and closely considered a number of measures.
This week, I’ll share some highlights of the legislation we passed this year to improve our water systems and planning.
If you have any questions or if I can be of service to you, please contact me. Thank you as always for your interest in North Carolina and state government.
Public Water
_ A new law (S.L. 2010-150, HB 1747) directs large community water systems and local governments that provide public water service to revise their local water supply plans when 80 percent of the water system's available water supply (based on calendar year average daily demand) has been allocated or when seasonal demand exceeds 90 percent. The plans must address foreseeable future water needs. Local governments must normally develop and submit such plans to the Department of Environment and Natural Resources at least once every five years.
Grants and Loans
_ The state has modified its criteria for which water and sewer projects receive priority when applying for grants and loans. The changes in the law (S.L. 2010-151, HB 1744):
· Clarify that the repair or replacement of leaking waterlines is a priority in situations where the line repair or replacement is being done to either improve water conservation and efficiency or to prevent contamination.
· Give priority to local governments with more than 1,000 service connections over similarly sized units if they have an asset management plan.
· Establish that a high-unit-cost project has priority over lower-cost projects. In addition, the act establishes a sliding scale system for determining the priority given to projects that exceed the high-unit-cost threshold.
· Give priority to those projects that promote the consolidation, management, merger, or interconnection of water systems. If an applicant demonstrates it is not feasible for the project to include regionalization, the funding agency must assign the project the same priority as a project that includes regionalization.
· Direct each local government to develop and submit a local water supply plan to the Department of Environment and Natural Resources at least once every five years. The department must use the information in the plans to create a state water supply plan and must also identify potential conflicts among the various local plans and ways in which local water supply programs could be better coordinated.
· Require local governments to adopt minimum water conservation measures to respond to drought or other water shortage conditions, but allows local governments to adopt more stringent standards. The act gives priority to those projects that adopt more stringent water conservation measures.
Studies
_ The Department of Environment and Natural Resources has been directed to establish a task force to: (1) develop a statewide survey to assess the state's water and wastewater infrastructure needs; (2) develop a plan for incorporating the information compiled from the United States Environmental Protection Agency surveys into the State Water Supply Plan; and (3) develop a plan for the creation and maintenance of a statewide water and wastewater infrastructure resource and funding database.
The act (S.L. 2010-144, HB 1746) also asks the department and the Local Government Commission to evaluate the costs and benefits of increasing the oversight of public water systems and wastewater. The agencies must report their findings and recommendations to the Legislative Study Commission on Water and Wastewater Infrastructure no later than November 1.
_ The Department of Agriculture and Consumer Services and the Department of Environment and Natural Resources have been asked to: (1) work with the North Carolina Farm Bureau Federation, other agricultural organizations, and farmers to develop a plan to identify and report on agricultural water infrastructure needs; (2) identify and encourage voluntary practices that conserve and protect water resources; and (3) design a cost-share program to assist farmers and agricultural landowners who implement best management practices to conserve and protect water resources related to agricultural use. The law (S.L. 2010-149, HB 1748) also requires that a report on their findings and recommendations be submitted to the Legislative Study Commission on Water and Wastewater Infrastructure no later than November 1.
Prepared with the assistance of the Speaker’s Office of Communications
This week, I’ll share some highlights of the legislation we passed this year to improve our water systems and planning.
If you have any questions or if I can be of service to you, please contact me. Thank you as always for your interest in North Carolina and state government.
Public Water
_ A new law (S.L. 2010-150, HB 1747) directs large community water systems and local governments that provide public water service to revise their local water supply plans when 80 percent of the water system's available water supply (based on calendar year average daily demand) has been allocated or when seasonal demand exceeds 90 percent. The plans must address foreseeable future water needs. Local governments must normally develop and submit such plans to the Department of Environment and Natural Resources at least once every five years.
Grants and Loans
_ The state has modified its criteria for which water and sewer projects receive priority when applying for grants and loans. The changes in the law (S.L. 2010-151, HB 1744):
· Clarify that the repair or replacement of leaking waterlines is a priority in situations where the line repair or replacement is being done to either improve water conservation and efficiency or to prevent contamination.
· Give priority to local governments with more than 1,000 service connections over similarly sized units if they have an asset management plan.
· Establish that a high-unit-cost project has priority over lower-cost projects. In addition, the act establishes a sliding scale system for determining the priority given to projects that exceed the high-unit-cost threshold.
· Give priority to those projects that promote the consolidation, management, merger, or interconnection of water systems. If an applicant demonstrates it is not feasible for the project to include regionalization, the funding agency must assign the project the same priority as a project that includes regionalization.
· Direct each local government to develop and submit a local water supply plan to the Department of Environment and Natural Resources at least once every five years. The department must use the information in the plans to create a state water supply plan and must also identify potential conflicts among the various local plans and ways in which local water supply programs could be better coordinated.
· Require local governments to adopt minimum water conservation measures to respond to drought or other water shortage conditions, but allows local governments to adopt more stringent standards. The act gives priority to those projects that adopt more stringent water conservation measures.
Studies
_ The Department of Environment and Natural Resources has been directed to establish a task force to: (1) develop a statewide survey to assess the state's water and wastewater infrastructure needs; (2) develop a plan for incorporating the information compiled from the United States Environmental Protection Agency surveys into the State Water Supply Plan; and (3) develop a plan for the creation and maintenance of a statewide water and wastewater infrastructure resource and funding database.
The act (S.L. 2010-144, HB 1746) also asks the department and the Local Government Commission to evaluate the costs and benefits of increasing the oversight of public water systems and wastewater. The agencies must report their findings and recommendations to the Legislative Study Commission on Water and Wastewater Infrastructure no later than November 1.
_ The Department of Agriculture and Consumer Services and the Department of Environment and Natural Resources have been asked to: (1) work with the North Carolina Farm Bureau Federation, other agricultural organizations, and farmers to develop a plan to identify and report on agricultural water infrastructure needs; (2) identify and encourage voluntary practices that conserve and protect water resources; and (3) design a cost-share program to assist farmers and agricultural landowners who implement best management practices to conserve and protect water resources related to agricultural use. The law (S.L. 2010-149, HB 1748) also requires that a report on their findings and recommendations be submitted to the Legislative Study Commission on Water and Wastewater Infrastructure no later than November 1.
Prepared with the assistance of the Speaker’s Office of Communications
From the Office of Representative Jimmy L. Love, Sr. Sept. 2, 2010
One of the fastest growing parts of the state budget is Medicaid, the health plan for poor people who need extra help covering their medical costs. Since fiscal year 2000, the state’s budget for medical expenses associated with Medicaid, including federal dollars, has increased from $4.8 billion to $9.9 billion. The state and local share of those costs during that time has grown from roughly $1.8 billion to $2.3 billion. The original budget for this fiscal year called for an increase in this line item to $2.7 billion. The increased cost of Medicaid can be attributed to many things, including population growth, an aging population, rising medical costs and the recent economic downturn. Still, faced with balancing a budget without raising taxes, my colleagues and I identified several cost cutting measures this year that kept the budget essentially flat while still providing service to those who need some help getting through difficult times. This week, I wanted to share some of our recent work in this area with you.
If you have any questions or if I can be of service to you, please contact me. Thank you as always for your interest in North Carolina and state government.
Efficiencies
The state approved a number of measures this year intended to help trim Medicaid costs. These efficiency measures include:
· Authorizing the Department of Health and Human Services to require prior authorization for brand name drugs for which the phrase "medically necessary" is written on the prescription.
· Allowing the Secretary of Health and Human Services to prevent the substitution of generic drugs for brand name drugs if after consideration of all rebates the cost is less than the generic.
· Requiring that medications prescribed for mental illness are included on the Preferred Drug List. This measure, in addition to the previous two, is expected to save at least $10 million in drug costs.
· Limiting coverage to procedures recognized or approved by the National Institutes of Health.
· Directing the department to apply Medicaid medical policy to recipients who have primary insurance other than Medicare, Medicare Advantage, and Medicaid.
The state also made several steps in the effort to combat Medicaid fraud. The anticipated savings from these measures is expected to reach $40 million this year. These efforts include:
· Authorizing the Department of Health and Human Services to create a fraud prevention program that uses information from state and private databases to develop a fraud risk analysis of Medicaid providers and recipients.
· Allowing the department to modify or extend existing contracts to achieve Medicaid fraud prevention savings in a timely manner.
· Establishing a Class I felony for knowingly and willfully soliciting or receiving kickbacks, bribes, or rebates in return for or to induce a person to engage in Medicaid fraud.
· Doubling the Medicaid Investigative Unit staff at the Attorney General’s Office to expand the prosecution of Medicaid fraud and abuse. Additional staff will ensure increased prosecution and additional Medicaid funds recovered from fraudulent providers.
Budget
The state’s budget also calls for saving $50 million in Medicaid costs by better case management. The initiatives:
· Expand efforts of the Community Care Network of North Carolina (CCNC). The Department of Health and Human Services contracts with the network to manage use of Medicaid services. Savings will be generated by expanding care management programs in hospital discharge, mental health; palliative care, and pharmacy. The improved system will enhance data integration, analytics, and reporting, increasing performance and save an estimated $45 million.
· Eliminate Medicaid reimbursement of 'never events' in hospital inpatient settings. 'Never events' are certain types of medical issues that develop or are acquired while a person is in a hospital, but should have been prevented. The policy change brings Medicaid in line with Medicare reimbursement. Estimated savings are $5 million.
Studies
Legislators have also asked for two studies related to Medicaid policies. The studies will examine:
· Provider rates - The Department of Health and Human Services or a contracted group will study reimbursement rates for Medicaid providers and program benefits.
· HIV waivers - The department will study the feasibility of reducing the waiting list for the AIDS Drug Assistance Program by expanding eligibility for Medicaid to HIV positive individuals with incomes at or below 133 percent of the federal poverty level.
Prepared with the assistance of the Speaker’s Office of Communications
If you have any questions or if I can be of service to you, please contact me. Thank you as always for your interest in North Carolina and state government.
Efficiencies
The state approved a number of measures this year intended to help trim Medicaid costs. These efficiency measures include:
· Authorizing the Department of Health and Human Services to require prior authorization for brand name drugs for which the phrase "medically necessary" is written on the prescription.
· Allowing the Secretary of Health and Human Services to prevent the substitution of generic drugs for brand name drugs if after consideration of all rebates the cost is less than the generic.
· Requiring that medications prescribed for mental illness are included on the Preferred Drug List. This measure, in addition to the previous two, is expected to save at least $10 million in drug costs.
· Limiting coverage to procedures recognized or approved by the National Institutes of Health.
· Directing the department to apply Medicaid medical policy to recipients who have primary insurance other than Medicare, Medicare Advantage, and Medicaid.
The state also made several steps in the effort to combat Medicaid fraud. The anticipated savings from these measures is expected to reach $40 million this year. These efforts include:
· Authorizing the Department of Health and Human Services to create a fraud prevention program that uses information from state and private databases to develop a fraud risk analysis of Medicaid providers and recipients.
· Allowing the department to modify or extend existing contracts to achieve Medicaid fraud prevention savings in a timely manner.
· Establishing a Class I felony for knowingly and willfully soliciting or receiving kickbacks, bribes, or rebates in return for or to induce a person to engage in Medicaid fraud.
· Doubling the Medicaid Investigative Unit staff at the Attorney General’s Office to expand the prosecution of Medicaid fraud and abuse. Additional staff will ensure increased prosecution and additional Medicaid funds recovered from fraudulent providers.
Budget
The state’s budget also calls for saving $50 million in Medicaid costs by better case management. The initiatives:
· Expand efforts of the Community Care Network of North Carolina (CCNC). The Department of Health and Human Services contracts with the network to manage use of Medicaid services. Savings will be generated by expanding care management programs in hospital discharge, mental health; palliative care, and pharmacy. The improved system will enhance data integration, analytics, and reporting, increasing performance and save an estimated $45 million.
· Eliminate Medicaid reimbursement of 'never events' in hospital inpatient settings. 'Never events' are certain types of medical issues that develop or are acquired while a person is in a hospital, but should have been prevented. The policy change brings Medicaid in line with Medicare reimbursement. Estimated savings are $5 million.
Studies
Legislators have also asked for two studies related to Medicaid policies. The studies will examine:
· Provider rates - The Department of Health and Human Services or a contracted group will study reimbursement rates for Medicaid providers and program benefits.
· HIV waivers - The department will study the feasibility of reducing the waiting list for the AIDS Drug Assistance Program by expanding eligibility for Medicaid to HIV positive individuals with incomes at or below 133 percent of the federal poverty level.
Prepared with the assistance of the Speaker’s Office of Communications
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