Legislative
News for NC ASHRM Members
- October 2009 Update
- Any NCHA member can monitor the North Carolina Hospital
Association website for updates on legislative news. Many of
your facilities are members of NCHA and anyone affiliated with
a member organization can receive the user name and password
for your facility by contacting the NCHA Help Desk at helpdesk@ncha.org or by calling 919-677-4142. In addition, the N.C. General Assembly
website, which is at http://www.ncga.state.nc.us/ has copies
of all recently passed legislation.
- Revisions to Mental Health/Involuntary Commitment Law.
Effective October 1, 2009 requirements for involuntary commitment
have changed. Among other changes, the revised law clarifies
that certain patients can be held in a facility, other than
a designated mental health facility for an extended period
of time. Moreover, the statute provides that involuntary commitment
orders automatically expire if a patient has not been transferred
to a designated mental health facility within seven days. To
access an article on the recent revisions to this law, click
here: Mental Health/Involuntary Commitment Revision
(HB
243 , HB
243 Flowchart).
- New North Carolina False Claims Act. Effective January
1, 2010. This law provides for private citizens to file claims
in the name of the State and allows for triple damages, as
well as other penalties for false or fraudulent claims submitted
to the State of North Carolina. Medicaid Providers, as well
as anyone who submits bills or claims to the State of North
Carolina need to be aware of the substantial ramifications
of this new law. To access an article on the new law click
here: North Carolina
False Claims Act.
- New Medical Malpractice Arbitration Law. Effective January
1, 2008, N.C.G.S. 90-21.60, et. al. provides that all parties
to a medical malpractice lawsuit may agree to arbitrate the case.
Should the parties choose to arbitrate in accordance with the
new law, then a hearing will be held before an arbitrator within
9 months. Expedited discovery rules also apply. Damages are limited
to $1 Million per dispute. Once the new law takes effect, attorneys
representing parties in a medical malpractice case will be required
to offer arbitration under this stature to the named plaintiff(s)
and defendant(s).
For more information, please contact Ken M. Nanney, Chairperson
of the Legislative Committee for NC ASHRM at knanney@carolinashealthcare.org.
|
