Governor Signs Budget Into Law with HIEA Provision

The North Carolina General Assembly wrapped up the short legislative session on Friday, July 1 after sending several bills to Governor Cooper. One of those bills was the budget, House Bill 103 2022 Appropriations Act. Governor Cooper had ten days to sign the budget into law, veto it, or let it become law without his signature. On Monday, July 11, Governor Roy Cooper did sign the budget into law.

One aspect of the budget that will have a major impact on clinical social workers is a provision regarding the Health Information Exchange Authority (HIEA).

The budget directs the HIEA to submit a report on their network to legislators by March 31, 2023. This report must include an update regarding the connectivity status of providers to connect to the network and submit data. The report can also make additional recommendations regarding appropriate features or actions, including legislative or administrative proposals, to support enforcement and enhancement of the HIE Network. NASW-NC will work closely with the HIEA on additional recommendations based on what we are hearing from members to help inform this report.

In addition to this report, the budget included a provision that connecting to and submitting data through the HIE Network shall not be a condition precedent to the receipt of state funds by any provider until a bill designating a lead agency responsible for enforcement of the Statewide Health Information Exchange Act is enacted into law. With the upcoming deadline to connect on January 1, 2023, NASW-NC is committed to working with the HIEA on this new implementation to ensure providers will be treated fairly. NASW-NC will provide more detailed information that providers will need to know in the coming weeks and months.

Before adjourning, legislators passed Senate Joint Resolution 917 Adjournment Resolution. The resolution allows legislators to return from July 26-28 to take up any vetoes by the Governor, bills related to election laws, appointments to committees, and a few other stipulations. After July, legislators could also return from August 23-25, September 20-22, October 18-20, November 15-17, and December 13. The reason for these session dates is so legislators can come and go as needed and to take up matters until they officially adjourn for the 2022 legislative session. Despite the dates, legislators could decide not to meet nor take up any legislation during these monthly session dates. Legislators and Governor Cooper have continued to have Medicaid Expansion conversations and NASW-NC is hopeful a deal on expansion can be reached before the end of the year.

State of emergency being lifted August 15

While Governor Cooper signed the budget into law, he noted that he would lift the state of emergency, enacted at the beginning of the COVID pandemic, on August 15, 2022. The biggest impact of this will be for social workers who are located in another state but are providing telehealth in North Carolina. If you are providing telehealth and are both licensed and physically located in North Carolina, NASW-NC does not anticipate that this change will affect your ability to provide services.

Despite the state lifting its state of emergency, the Federal Public Health Emergency (PHE) is still in place. The Biden administration plans to renew the PHE. Additionally, the Biden Administration has said they will give states a 60-day notice if they plan to not renew the PHE. Therefore, states will have advanced notice before the next PHE expires in October if they plan to not renew it.

As a reminder, NASW and NASW-NC have been advocating with insurance companies to maintain current telehealth flexibilities. NASW-NC encourages social workers to always check patient’s insurance plans before providing telehealth services to ensure it will be covered based on your patient’s coverage. If you see that an insurance company is ending telehealth coverage, please contact Kay Castillo, Director of Advocacy, Policy, and Legislation at kcastillo.naswnc@socialworkers.org.