Bill Text: NC S349 | 2017-2018 | Regular Session | Amended
Bill Title: Exempt Certain Ocular Surgeries From CON Laws
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2017-03-23 - Ref To Com On Rules and Operations of the Senate [S349 Detail]
Download: North_Carolina-2017-S349-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 349
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Short Title: Exempt Certain Ocular Surgeries From CON Laws. |
(Public) |
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Sponsors: |
Senators Tucker (Primary Sponsor); Hise and Rabin. |
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Referred to: |
Rules and Operations of the Senate |
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March 23, 2017
A BILL TO BE ENTITLED
AN ACT exempting ophthalmologists who perform certain ocular surgical procedures in nonlicensed settings from certificate of need laws.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 131E‑175 is amended by adding new subdivisions to read:
"(13) That ophthalmologists providing ocular surgical procedures in unlicensed settings should be given an opportunity to obtain a license to provide those services to ensure the safety of patients and the provision of quality care.
(14) That demand for ocular surgical procedures is increasing due to the growth of the elderly population and scientific and technological advancements that have increased the safety and efficacy of these procedures."
SECTION 2. G.S. 131E‑176 reads as rewritten:
"§ 131E‑176. Definitions.
As used in this Article, unless the context clearly requires otherwise, the following terms have the meanings specified:
…
(17c) "Ocular surgical procedure" means a surgical procedure performed by an ophthalmologist licensed to practice in this State on the eye or its adnexa, including refractive surgery, cataract surgery, and glaucoma surgery.
(17d) "Ocular surgical procedure room" means a room used by an ophthalmologist licensed to practice in this State for the performance of an ocular surgical procedure that (i) requires local, regional, or general anesthesia and a period of less than 24 hours of post‑operative observation for diagnostic or therapeutic purposes and (ii) does not constitute an ambulatory surgical program as defined in subdivision (1c) of this section.
…."
SECTION 3. G.S. 131E‑178 reads as rewritten:
"§ 131E‑178. Activities requiring certificate of need.need;
limited exemption for gastrointestinal endoscopy procedures and ocular surgical
procedures.
(a) No person shall offer or
develop a new institutional health service without first obtaining a
certificate of need from the Department; provided, however, noDepartment,
except as provided in subsections (a1) and (a2) of this section.
(a1) No person who provides gastrointestinal
endoscopy procedures in one or more gastrointestinal endoscopy rooms located in
a nonlicensed setting, shall be required to obtain a certificate of need to
license that setting as an ambulatory surgical facility with the existing
number of gastrointestinal endoscopy rooms, provided that:that the
person meets all of the following criteria:
(1) The license application
is postmarked for delivery to the Division of Health Service Regulation by
December 31, 2006;2006.
(2) The applicant verifies,
by affidavit submitted to the Division of Health Service Regulation within 60
days of the effective date of this act, that the facility is in operation as of
the effective date of this act or that the completed application for the building
permit for the facility was submitted by the effective date of this act;act.
(3) The facility has been
accredited by The Accreditation Association for Ambulatory Health Care, The
Joint Commission on Accreditation of Healthcare Organizations, or The American
Association for Accreditation of Ambulatory Surgical Facilities by the time the
license application is postmarked for delivery to the Division of Health
Service Regulation of the Department; andDepartment.
(4) The license application includes a commitment and plan for serving indigent and medically underserved populations.
All other persons proposing to obtain a license to establish an ambulatory surgical facility for the provision of gastrointestinal endoscopy procedures shall be required to obtain a certificate of need. The annual State Medical Facilities Plan shall not include policies or need determinations that limit the number of gastrointestinal endoscopy rooms that may be approved.
(a2) No ophthalmologist who provides ocular surgical procedures in one or more ocular surgical procedure rooms located in a nonlicensed setting shall be required to obtain a certificate of need to license that setting as an ambulatory surgical facility with the existing number of ocular surgical procedure rooms, provided that the ophthalmologist meets all of the following criteria:
(1) The license application is postmarked for delivery to the Division of Health Service Regulation by December 31, 2017.
(2) The applicant verifies, by affidavit submitted to the Division of Health Service Regulation within 60 days after the effective date of this act, that the facility is in operation as of the effective date of this act or that the completed application for the building permit for the facility was submitted by the effective date of this act.
(3) The facility has been accredited by the Accreditation Association for Ambulatory Health Care, the Joint Commission on Accreditation of Healthcare Organizations, or the American Association for Accreditation of Ambulatory Surgical Facilities by the time the license application is postmarked for delivery to the Division of Health Service Regulation of the Department.
(4) The license application includes a commitment to and plan for serving indigent and medically underserved populations.
All other persons proposing to obtain a license to establish an ambulatory surgical facility for the provision of ocular surgical procedures shall be required to obtain a certificate of need. The annual State Medical Facilities Plan shall not include policies or need determinations that limit the number of ocular surgical procedure rooms that may be approved.
…."
SECTION 4. This act is effective when it becomes law.
