GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
SENATE BILL 168
RATIFIED BILL

AN ACT MAKING TECHNICAL, CONFORMING, AND OTHER MODIFICATIONS TO
LAWS PERTAINING TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
AND ADDING A PSYCHIATRIC PHYSICIAN PRIVILEGE EXCEPTION TO CRIMES
AGAINST JUVENILES REPORTING REQUIREMENTS.
The General Assembly of North Carolina enacts:
PART I. TECHNICAL, CONFORMING, AND OTHER CHANGES RELATED TO THE
DIVISION OF MENTAL HEALTH, DEVELOPMENTAL DISABILITIES, AND
SUBSTANCE ABUSE SERVICES
ALIGNMENT OF DEVELOPMENTAL DISABILITY DEFINITION WITH FEDERAL
LAW
SECTION 1.1. G.S. 122C-3(12a) reads as rewritten:
"(12a) Developmental disability. – A severe, chronic disability of a person that
satisfies all of the following:
a.
Is attributable to one or more impairments.a mental or physical
impairment or combination of mental and physical impairments.
…."
ALLOW
CO-PAYMENT
SCHEDULE
FOR
BEHAVIORAL
HEALTH,
INTELLECTUAL AND DEVELOPMENTAL DISABILITIES, AND SUBSTANCE USE
DISORDER SERVICES
SECTION 1.2. G.S. 122C-112.1(a)(34) reads as rewritten:
"(34) Adopt rules for the implementation of a co-payment graduated schedule to for
behavioral health services, intellectual and developmental disabilities
services, and substance use disorder services based on the Medicaid
co-payments for such services, which shall be used by LMEs and by
contractual provider agencies under G.S. 122C-146. The co-payment
graduated schedule shall be developed to adopted under this subdivision shall
require a co-payment for services identified by the Secretary. Families whose
family income is three hundred percent (300%) or greater of the federal
poverty level are eligible for services with the applicable co-payment."
CONFORMING CHANGE TO PROCEDURE FOR APPEALING DECISIONS ON
LICENSURE WAIVER REQUESTS
SECTION 1.3. G.S. 122C-23(f) reads as rewritten:
"(f)
Upon written application and in accordance with rules of the Commission, the
Secretary may for good cause waive any of the rules implementing this Article, provided those
rules do not affect the health, safety, or welfare of the individuals within the licensable facility.
Decisions made pursuant to this subsection may be appealed to the Commission for a hearing in

*S168-v-7*

 accordance with by filing a contested case under Article 3 of Chapter 150B of the General
Statutes."
TECHNICAL CORRECTION TO LIST OF PERSONS DHHS SECRETARY MAY
CERTIFY TO PERFORM FIRST EXAMINATIONS FOR INVOLUNTARY
COMMITMENT
SECTION 1.4. G.S. 122C-263.1(a) reads as rewritten:
"(a) Physicians and eligible psychologists are qualified to perform the commitment
examinations required under G.S. 122C-263(c) and G.S. 122C-283(c). The Secretary of Health
and Human Services may individually certify to perform the first commitment examinations
required by G.S. 122C-261 through G.S. 122C-263 and G.S. 122C-281 through G.S. 122C-283
other health, mental health, and substance abuse professionals whose scope of practice includes
diagnosing and documenting psychiatric or substance use disorders and conducting mental status
examinations to determine capacity to give informed consent to treatment as follows:
(1)
The Secretary has received a request:
a.
To certify a licensed clinical social worker, a master's or higher level
degree nurse practitioner, a licensed professional counsellor, clinical
mental health counselor or a physician's assistant to conduct the first
examinations described in G.S. 122C-263(c) and G.S. 122C-283(c).
b.
To certify a master's level licensed clinical addictions specialist to
conduct the first examination described in G.S. 122C-283(c).
…
(5)
In no event shall the certification of a licensed clinical social worker, master's
or higher level degree nurse practitioner, licensed professional counsellor,
clinical mental health counselor, physician assistant, or master's level certified
clinical addictions specialist under this section be construed as authorization
to expand the scope of practice of the licensed clinical social worker, the
master's level nurse practitioner, licensed professional counsellor, clinical
mental health counselor, physician assistant, or the master's level certified
clinical addictions specialist.
…."
CORRECTION TO EXPANDED USE OF TELEHEALTH TO CONDUCT FIRST AND
SECOND INVOLUNTARY COMMITMENT EXAMINATIONS DURING THE
COVID-19 EMERGENCY
SECTION 1.5.(a) Section 3F.1(b) of S.L. 2020-3 reads as rewritten:
"SECTION 3F.1.(b) Notwithstanding any provision of Chapter 122C of the General
Statutes or any other provision of law to the contrary, the first examination of a respondent
required by G.S. 122C-263(a) to determine whether the respondent will be involuntarily
committed due to mental illness or required by G.S. 122C-283(a) to determine whether the
respondent will be involuntarily committed due to substance use disorder may be conducted
either in the physical face-to-face presence of the commitment examiner or utilizing telehealth
equipment and procedures. A commitment examiner who examines a respondent by means of
telehealth must be satisfied to a reasonable medical certainty that the determinations made in
accordance with G.S. 122C-283(d) would not be different if the examination had been conducted
in the physical presence of the commitment examiner. A commitment examiner who is not so
satisfied must note that the examination was not satisfactorily accomplished, and the respondent
must be taken for a face-to-face examination in the physical presence of a person authorized to
perform examinations under G.S. 122C-283."
SECTION 1.5.(b) This section is effective when it becomes law.

Page 2

Senate Bill 168-Ratified

 PART II. TECHNICAL, CONFORMING, AND OTHER CHANGES RELATED TO THE
DIVISION OF PUBLIC HEALTH
TECHNICAL CORRECTION TO STATUTE GOVERNING TRANSITIONAL
PERMITS FOR FOOD ESTABLISHMENTS
SECTION 2.1. G.S. 130A-248(c) reads as rewritten:
"(c) If ownership of an establishment is transferred or the establishment is leased, the new
owner or lessee shall apply for a new permit. The new owner or lessee may also apply for a
transitional permit. A transitional permit may be issued upon the transfer of ownership or lease
of an establishment to allow the correction of construction and equipment problems that do not
represent an immediate threat to the public health. Upon issuance of a new permit or a transitional
permit for the same establishment, any previously issued permit for an establishment in that
location becomes void. This subsection does not prohibit issuing more than one owner or lessee
a permit for the same location if (i) more than one establishment is operated in the same physical
location and (ii) each establishment satisfies all of the rules and requirements of subsection (g)
(a) of this section. For purposes of this subsection, "transitional permit" shall mean means a
permit issued upon the transfer of ownership or lease of an existing food establishment to allow
the correction of construction and equipment problems that do not represent an immediate threat
to the public health."
REGULATION OF TEMPORARY DISPLAY SPAS
SECTION 2.2. G.S. 130A-280 reads as rewritten:
"§ 130A-280. Scope.
This Article provides for the regulation of public swimming pools in the State as they may
affect the public health and safety. As used in this Article, the term "public swimming pool"
means any structure, chamber, or tank containing an artificial body of water used by the public
for swimming, diving, wading, recreation, or therapy, together with buildings, appurtenances,
and equipment used in connection with the body of water, regardless of whether a fee is charged
for its use. The term includes municipal, school, hotel, motel, apartment, boarding house, athletic
club, or other membership facility pools and spas, spas operating for display at temporary events,
and artificial swimming lagoons. As used in this Article, an "artificial swimming lagoon" means
any body of water used for recreational purposes with more than 20,000 square feet of surface
area, an artificial liner, and a method of disinfectant that results in a disinfectant residual in the
swimming zone that is protective of the public health. This Article does not apply to a private
pool serving a single family dwelling and used only by the residents of the dwelling and their
guests. This Article also does not apply to therapeutic pools used in physical therapy programs
operated by medical facilities licensed by the Department or operated by a licensed physical
therapist, nor to therapeutic chambers drained, cleaned, and refilled after each individual use."
AUTHORIZATION TO APPOINT RETIRED PHYSICIANS, NURSES, PARAMEDICS,
CERTIFIED MEDICOLEGAL DEATH INVESTIGATORS, AND PATHOLOGIST
ASSISTANTS AS MEDICAL EXAMINERS
SECTION 2.3. G.S. 130A-382(a) reads as rewritten:
"(a) The Chief Medical Examiner shall appoint two or more county medical examiners for
each county for a three-year term. In appointing medical examiners for each county, the Chief
Medical Examiner shall give preference to physicians licensed to practice medicine in this State
but may also appoint licensed retired physicians previously licensed to practice in this State;
physician assistants, nurse practitioners, nurses, or nurses licensed to practice in this State;
emergency medical technician paramedics. paramedics credentialed under G.S. 131E-159;
medicolegal death investigators certified by the American Board of Medicolegal Death
Investigators; pathologists' assistants; and dentists licensed to practice in this State. A medical
Senate Bill 168-Ratified

Page 3

 examiner may serve more than one county. The Chief Medical Examiner may take jurisdiction
in any case or appoint another medical examiner to do so."
ALLOW CHIEF MEDICAL EXAMINER TO APPOINT EMERGENCY MEDICAL
EXAMINERS DURING STATES OF EMERGENCY
SECTION 2.4. G.S. 130A-382 is amended by adding a new subsection to read:
"(a1) During a state of emergency declared by the Governor or by a resolution of the
General Assembly as provided in G.S. 166A-19.20, or by the governing body of a county or
municipality as provided in G.S. 166A-19.22, the Chief Medical Examiner is authorized to
appoint temporary county medical examiners to serve for the duration of the declared state of
emergency. For purposes of this section, "temporary county medical examiner" means an
individual who has been determined by the Chief Medical Examiner to have the appropriate
training, education, and experience to serve as a county medical examiner during a declared state
of emergency."
ESTABLISHMENT
OF
CONFIDENTIALITY
FOR
CERTAIN
DEATH
INVESTIGATION INFORMATION
SECTION 2.5. Article 16 of Chapter 130A of the General Statutes is amended by
adding a new section to read:
"§ 130A-386.5. Confidentiality of certain death investigation information and records
received by the Office of the Chief Medical Examiner.
All information and records provided by a city, county, or other public entity to the Office of
the Chief Medical Examiner, or its agents, concerning a death investigation shall retain the same
degree of confidentiality it had while in the possession of the city, county, or other public entity.
Such information and records shall not become public records, as defined under Chapters 121
and 132 of the General Statutes, when provided to the Office of the Chief Medical Examiner, or
its agents, unless the information and records otherwise constituted public records while in the
possession of the city, county, or other public entity."
PART II-A. TECHNICAL, CONFORMING, AND OTHER CHANGES RELATED TO
DHHS BLOCK GRANTS
SECTION 2A.1.(a) Section 1.1 of S.L. 2019-192, as amended by Section 4.9 of S.L.
2020-4, reads as rewritten:
"DHHS BLOCK GRANTS
"SECTION 1.1.(a) Except as otherwise provided, appropriations from federal block grant
funds are made for each year of the fiscal biennium ending June 30, 2021, according to the
following schedule:
TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES (TANF) FUNDS

FY 2019-2020

FY 2020-2021

Local Program Expenditures
Division of Social Services
01. Work First Family Assistance
02. Work First County Block Grants
03. Work First Electing Counties

Page 4

$37,549,914

$35,549,914

80,093,566

80,093,566

2,378,213

2,378,213

Senate Bill 168-Ratified

 04. Adoption Services – Special Children
Adoption Fund

2,026,877

2,026,877

05. Child Protective Services – Child Welfare
Workers for Local DSS

9,412,391

9,412,391
21,559,645

8,092

0

07. Child Welfare Program Improvement Plan

775,176

775,176

08. Child Welfare Collaborative

400,000

400,000

1,400,000

1,400,000

53,203,069

45,813,694

5,400,000

12,600,000

66,300,000

68,300,000

3,450,000

3,450,000

2,482,260

2,482,260

34,042

34,042

653,815

711,349
1,045,775

1,817,362

0396,659

93,216

93,21683,874

21,773,001

21,773,001

06. Funding for Counties to Assist with County
Implementation of NC FAST, Project 4

09. Child Welfare Initiatives
Division of Child Development and Early Education
10. Subsidized Child Care Program
11. Swap-Child Care Subsidy
12. NC Pre-K Services
Division of Public Health
13. Teen Pregnancy Prevention Initiatives
DHHS Administration
14. Division of Social Services
15. Office of the Secretary
16. Eligibility Systems – Operations and
Maintenance

17. NC FAST Implementation
18. Division of Social Services – Workforce
Innovation & Opportunity Act (WIOA)
Transfers to Other Block Grants
Division of Child Development and Early Education
19. Transfer to the Child Care and
Development Fund
Division of Social Services
Senate Bill 168-Ratified

Page 5

 20. Transfer to Social Services Block
Grant for Child Protective Services –
Training

1,300,000

1,300,000

21. Transfer to Social Services Block
Grant for Child Protective Services

5,040,000

5,040,000

13,097,783

13,097,783

1,385,152

1,385,152

1,582,000

1,582,000

737,067

737,067

$312,392,996

$310,435,701
$323,304,698

22. Transfer to Social Services Block
Grant for County Departments of
Social Services for Children's Services
23. Transfer to Social Services Block
Grant – Foster Care Services
24. Transfer to Social Services Block
Grant – Child Advocacy Centers
25. Transfer to Social Services Block
Grant – Child Protective Services,
Child Welfare Training for Counties
TOTAL TEMPORARY ASSISTANCE FOR
NEEDY FAMILIES (TANF) FUNDS

TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF)
EMERGENCY CONTINGENCY FUNDS
Local Program Expenditures
Division of Child Development and Early Education
01. Subsidized Child Care

$33,439,988

$33,439,988
$34,818,946

$33,439,988

$33,439,988
$34,818,946

01. County Departments of Social Services

$19,905,849

$19,905,849

02. County Departments of Social Services
(Transfer From TANF)

13,097,783

13,097,783

TOTAL TEMPORARY ASSISTANCE FOR
NEEDY FAMILIES (TANF) EMERGENCY
CONTINGENCY FUNDS

SOCIAL SERVICES BLOCK GRANT
Local Program Expenditures
Divisions of Social Services and Aging and Adult Services

Page 6

Senate Bill 168-Ratified

 03. EBCI Tribal Public Health and Human Services

244,740

244,740

04. Child Protective Services
(Transfer From TANF)

5,040,000

5,040,000

05. State In-Home Services Fund

1,943,950

1,943,950

06. Adult Protective Services

2,138,404

2,138,404

07. State Adult Day Care Fund

1,994,084

1,994,084

08. Child Protective Services/CPS
Investigative Services – Child Medical
Evaluation Program

901,868

901,868

09. Special Children Adoption Incentive Fund

462,600

462,600762,600

10. Child Protective Services – Child
Welfare Training for Counties
(Transfer From TANF)

1,300,000

1,300,000

11. Child Protective Services – Child
Welfare Training for Counties
(Transfer From TANF)

737,067

737,067

12. Home and Community Care Block
Grant (HCCBG)

2,696,888

2,696,888

13. Child Advocacy Centers
(Transfer from TANF $1,582,000)

1,582,000

1,582,000

14. Guardianship – Division of Social Services

1,802,671 1,802,6713,082,411

15. Foster Care Services
(Transfer From TANF)

1,385,152

1,385,152

4,774,525

4,774,525

Division of Central Management and Support
16. DHHS Competitive Block Grants
for Nonprofits

Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
17. Mental Health Services – Adult and
Child/Developmental Disabilities Program/
Substance Abuse Services – Adult

4,149,595

4,149,595

DHHS Program Expenditures
Division of Services for the Blind
Senate Bill 168-Ratified

Page 7

 18. Independent Living Program

3,603,793

3,603,793

19. Adult Care Licensure Program

402,951

402,951

20. Mental Health Licensure and
Certification Program

200,880

200,880

3,825,443

3,825,443

22. Division of Aging and Adult Services

679,541

679,541

23. Division of Social Services

654,220

654,220

24. Office of the Secretary/Controller's Office

132,047

132,047

25. Legislative Increases/Fringe Benefits

236,278

236,278

26. Division of Child Development and
Early Education

13,878

13,878

27. Division of Mental Health, Developmental
Disabilities, and Substance Abuse Services

27,446

27,446

121,719

121,719

$74,055,372

$74,055,372
$75,635,112

Division of Health Service Regulation

Division of Aging and Adult Services
21. Guardianship
DHHS Administration

28. Division of Health Service Regulation
TOTAL SOCIAL SERVICES BLOCK GRANT

LOW-INCOME ENERGY ASSISTANCE BLOCK GRANT
Local Program Expenditures
Division of Social Services
01. Low-Income Energy Assistance
Program (LIEAP)

02. Crisis Intervention Program (CIP)

$40,298,638

$40,298,638
$40,950,767

40,298,638

40,298,638
40,950,767

Local Administration
Division of Social Services
Page 8

Senate Bill 168-Ratified

 03. County DSS Administration

6,618,366

6,618,366
6,725,467

10,000

10,000

DHHS Administration
Division of Central Management and Support
04. Division of Social Services
04A. AR4CA Replacement Project

119,486

04B. Winter Heating Program Outreach

100,000

05. Office of the Secretary/DIRM

128,954

128,954

18,378

18,378

07. NC FAST Development

2,287,188

2,287,188
581,123

08. NC FAST Operations and Maintenance

2,539,033

2,539,033
2,335,226

09. Weatherization Program

8,692,641

8,552,641
9,493,643

10. Heating Air Repair and Replacement
Program (HARRP)

5,881,761

5,701,761
6,171,429

11. Local Residential Energy Efficiency Service
Providers – Weatherization

544,742

514,742573,072

12. Local Residential Energy Efficiency Service
Providers – HARRP

327,169

277,169351,654

13. DEQ – Weatherization Administration

544,742

514,742623,072

14. DEQ – HARRP Administration

277,169

277,169381,654

87,736

87,736

$108,555,155

$108,125,155

06. Office of the Secretary/Controller's Office

Transfers to Other State Agencies
Department of Environmental Quality

Department of Administration
15. N.C. Commission on Indian Affairs
TOTAL LOW-INCOME ENERGY
ASSISTANCE BLOCK GRANT
Senate Bill 168-Ratified

Page 9

 $109,602,428
CHILD CARE AND DEVELOPMENT FUND BLOCK GRANT
Local Program Expenditures
Division of Child Development and Early Education
01. Child Care Services

$268,109,943

$239,499,318
$245,658,197

02. Smart Start Subsidy

7,392,654

7,392,654

03. Transfer from TANF Block Grant
for Child Care Subsidies

21,773,001

21,773,001

04. Quality and Availability Initiatives
(TEACH Program $3,800,000)

67,217,124

55,217,124
48,045,765

9,710,886

9,710,886
10,062,728

18,533,357

18,533,357
18,685,609

505,100

505,1005,000

464,290

0100,880

09. NC FAST Operations and Maintenance

1,104,504

1,201,697
1,766,649

10. DHHS Central Administration – DIRM
Technical Services

645,162

645,162

7,346

7,346350,000

62,205

62,205

DHHS Administration
Division of Child Development and Early Education
05. DCDEE Administrative Expenses

Division of Social Services
06. Local Subsidized Child Care
Services Support

07. Direct Deposit for Child Care Payments
Division of Central Management and Support
08. NC FAST Development

11. DHHS Central Administration
Division of Public Health
12. Child Care Health Consultation Contracts

Page 10

Senate Bill 168-Ratified

 TOTAL CHILD CARE AND DEVELOPMENT
FUND BLOCK GRANT

$395,525,572

$354,547,850

01. Mental Health Services – Child

$4,779,087

$4,779,087

02. Mental Health Services – Adult/Child

18,531,361

18,531,360
19,295,850

1,976,970

1,976,970
3,367,375

MENTAL HEALTH SERVICES BLOCK GRANT
Local Program Expenditures

03. Mental Health Services – First
Psychotic Symptom Treatment

DHHS Administration
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
04. Administration
TOTAL MENTAL HEALTH SERVICES
BLOCK GRANT

200,000

200,000

$25,487,418

$25,487,417
$27,642,312

SUBSTANCE ABUSE PREVENTION AND TREATMENT BLOCK GRANT
Local Program Expenditures
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
01. Substance Abuse – HIV and IV Drug
02. Substance Abuse Prevention
03. Substance Abuse Services – Treatment for
Children/Adults
(Medication-Assisted Opioid Use Disorder
Treatment Pilot Program $500,000;
First Step Farm of WNC, Inc. $100,000)
05. Crisis Solutions Initiatives – Collegiate
Wellness/Addiction Recovery
06. Crisis Solutions Initiatives – Community
Paramedic Mobile Crisis Management

$3,500,747

$2,550,915

9,110,422

9,110,422

28,203,732

29,500,823
31,400,777

1,085,000

1,085,000

20,000

20,000

DHHS Program Expenditures
Senate Bill 168-Ratified

Page 11

 Division of Central Management and Support
07. Competitive Grants

1,600,000

1,600,000

DHHS Administration
Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
08. Administration

454,000

454,000

09. Controlled Substance Reporting System
Enhancement

427,655

427,655

10. Veterans Initiatives

250,000

250,000

1,300,000

0

$45,951,556

$44,998,815
$46,898,769

$14,719,224

$14,719,224
$15,892,309

48,227

48,22754,215

1,575,000

1,575,000

1,427,323

1,427,323
1,477,119

Division of Public Health
11. HIV Testing for Individuals in Substance
Abuse Treatment
TOTAL SUBSTANCE ABUSE PREVENTION
AND TREATMENT BLOCK GRANT

MATERNAL AND CHILD HEALTH BLOCK GRANT
Local Program Expenditures
Division of Public Health
01. Women and Children's Health Services
(Safe Sleep Campaign $45,000; Sickle Cell
Centers $100,000; Prevent Blindness $575,000;
March of Dimes $350,000; Teen Pregnancy
Prevention Initiatives $650,000;
17P Project $52,000; Nurse-Family
Partnership $550,000; Perinatal & Neonatal
Outreach Coordinator Contracts $440,000;
Mountain Area Pregnancy Services $250,000;
Carolina Pregnancy Care Fellowship $400,000)

02. Oral Health
03. Evidence-Based Programs in Counties
With Highest Infant Mortality Rates
DHHS Program Expenditures
04. Children's Health Services

Page 12

Senate Bill 168-Ratified

 05. Women's Health – Maternal Health

169,864

169,864174,727

68,245

68,24581,622

158,583

158,583160,965

87,271

87,27191,082

552,571

552,571604,248

$18,806,308

$18,806,308
$20,111,287

$3,030,116

$3,030,116

160,000

160,000

03. HIV/STD Prevention and
Community Planning

137,648

137,648

04. Oral Health Preventive Services

150,000

150,000

05. Laboratory Services – Testing,
Training, and Consultation

21,000

21,000

06. Injury and Violence Prevention
(Services to Rape Victims – Set-Aside)

53,206

53,206

592,123

592,123643,449

82,505

82,505

06. Women and Children's Health – Perinatal
Strategic Plan Support Position
07. State Center for Health Statistics
08. Health Promotion – Injury and
Violence Prevention
DHHS Administration
09. Division of Public Health Administration
TOTAL MATERNAL AND CHILD
HEALTH BLOCK GRANT

PREVENTIVE HEALTH SERVICES BLOCK GRANT
Local Program Expenditures
01. Physical Activity and Prevention
02. Injury and Violence Prevention
(Services to Rape Victims – Set-Aside)
DHHS Program Expenditures
Division of Public Health

07. Performance Improvement and
Accountability
08. State Center for Health Statistics
DHHS Administration
Division of Public Health
Senate Bill 168-Ratified

Page 13

 09. Division of Public Health

65,000

65,000

$4,291,598

$4,291,598
$4,342,924

$24,170,204

$20,539,214
$24,109,518

02. Discretionary Funding

921,096

921,096723,194

03. Office of Economic Opportunity

981,096

981,0961,141,652

60,000

60,000

TOTAL PREVENTIVE HEALTH
SERVICES BLOCK GRANT

COMMUNITY SERVICES BLOCK GRANT
01. Community Action Agencies

04. Office of Economic Opportunity – Workforce
Investment Opportunities Act (WIOA)
05. AR4CA Replacement Project
TOTAL COMMUNITY SERVICES
BLOCK GRANT

358,458

$26,132,396

$22,501,406
$26,392,822

…
"TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) FUNDS
…
"SECTION 1.1.(h) The sum of nine million four hundred twelve thousand three hundred
ninety-one dollars ($9,412,391) twenty-one million five hundred fifty-nine thousand six hundred
forty-five dollars ($21,559,645) appropriated in this act to the Department of Health and Human
Services, Division of Social Services, in TANF funds for each fiscal year of the 2019-2021
2020-2021 fiscal biennium year for child welfare improvements shall be allocated to the county
departments of social services for hiring or contracting staff to investigate and provide services
in Child Protective Services cases; to provide foster care and support services; to recruit, train,
license, and support prospective foster and adoptive families; and to provide interstate and
post-adoption services for eligible families.
Counties shall maintain their level of expenditures in local funds for Child Protective
Services workers. Of the Block Grant funds appropriated for Child Protective Services workers,
the total expenditures from State and local funds for fiscal years 2019-2020 and 2020-2021 shall
not be less than the total expended from State and local funds for the 2012-2013 fiscal year.
…
"SOCIAL SERVICES BLOCK GRANT
…
"SECTION 1.1.(s) The sum of three million eight hundred twenty-five thousand four
hundred forty-three dollars ($3,825,443) for each fiscal year of the 2019-2021 fiscal biennium
six million nine hundred seven thousand eight hundred fifty-four dollars ($6,907,854) for the
2020-2021 fiscal year appropriated in this act in the Social Services Block Grant to the
Department of Health and Human Services, Divisions of Social Services and Aging and Adult
Services, shall be used for guardianship services pursuant to Chapter 35A of the General Statutes.

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Senate Bill 168-Ratified

 The Department may expend funds allocated in this section to support existing corporate
guardianship contracts during the 2019-2020 and 2020-2021 fiscal years.year.
…
"LOW-INCOME ENERGY ASSISTANCE BLOCK GRANT
"SECTION 1.1.(v) For the 2020-2021 fiscal year, the Division of Social Services shall have
the authority to realign appropriated funds between the State-level services Low Income Energy
Assistance Payments and Crisis Assistance Payments without prior consultation with the Joint
Legislative Oversight Committee on Health and Human Services to ensure needs are effectively
met without exceeding the total amount appropriated for these State-level service items.
Additional emergency contingency funds received may be allocated for Energy Assistance
Payments or Crisis Intervention Payments without prior consultation with the Joint Legislative
Oversight Committee on Health and Human Services. Additional funds received shall be reported
to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal
Research Division upon notification of the award. The Department of Health and Human
Services shall not allocate funds for any activities, including increasing administration, other than
assistance payments, without prior consultation with the Joint Legislative Oversight Committee
on Health and Human Services.
"SECTION 1.1.(w) The sum of forty million two hundred ninety-eight thousand six hundred
thirty-eight dollars ($40,298,638) for each year of the 2019-2021 fiscal biennium nine hundred
fifty thousand seven hundred sixty-seven dollars ($40,950,767) for the 2020-2021 fiscal year
appropriated in this act in the Low-Income Energy Assistance Block Grant to the Department of
Health and Human Services, Division of Social Services, shall be used for Energy Assistance
Payments for the households of (i) elderly persons age 60 and above with income up to one
hundred thirty percent (130%) of the federal poverty level and (ii) disabled persons eligible for
services funded through the Division of Aging and Adult Services.
County departments of social services shall submit to the Division of Social Services
an outreach plan for targeting households with 60-year-old household members no later than
August 1 of each year. The outreach plan shall comply with the following:
(1)
Ensure that eligible households are made aware of the available assistance,
with particular attention paid to the elderly population age 60 and above and
disabled persons receiving services through the Division of Aging and Adult
Services.
(2)
Include efforts by the county department of social services to contact other
State and local governmental entities and community-based organizations to
(i) offer the opportunity to provide outreach and (ii) receive applications for
energy assistance.
(3)
Be approved by the local board of social services or human services board
prior to submission.
"SECTION 1.1.(w1) The Department of Health and Human Services shall develop and
implement a centralized system to collect, track, analyze, monitor, and disseminate performance,
outputs, and outcome data for the Community Services Block Grant Program and the Department
of Environmental Quality (DEQ) Weatherization Assistance Program to replace the current
software solution, Accountable Results for Community Action (AR4CA). The project shall not
proceed until the business case has been approved by the Office of State Budget and Management
and the State Chief Information Officer in the Enterprise Project Management Office's
Touchdown System. Upon approval, amounts not to exceed one hundred nineteen thousand four
hundred eighty-six dollars ($119,486) in Low Income Energy Assistance funds may be budgeted
for transfer to Budget Code 24410 for information technology projects for the 2020-2021 fiscal
year.
…
"MENTAL HEALTH SERVICES BLOCK GRANT
Senate Bill 168-Ratified

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 "SECTION 1.1.(z) The sum of one million nine hundred seventy-six thousand nine hundred
seventy dollars ($1,976,970) three million three hundred sixty-seven thousand three hundred
seventy-five dollars ($3,367,375) appropriated in this act in the Mental Health Services Block
Grant to the Department of Health and Human Services, Division of Mental Health,
Developmental Disabilities, and Substance Abuse Services, for each year of the 2019-2021 fiscal
biennium the 2020-2021 fiscal year is allocated for Mental Health Services – First Psychotic
Symptom Treatment.
…
"MATERNAL AND CHILD HEALTH BLOCK GRANT
…
"SECTION 1.1.(dd) The sum of sixty-eight thousand two hundred forty-five dollars
($68,245) eighty-one thousand six hundred twenty-two dollars ($81,622) allocated in this section
in the Maternal and Child Health Block Grant to the Department of Health and Human Services,
Division of Public Health, Women and Children's Health Section, for each fiscal year of the
2019-2021 fiscal biennium the 2020-2021 fiscal year shall not be used to supplant existing State
or federal funds. This allocation shall be used for a Public Health Program Consultant position
assigned full-time to manage the North Carolina Perinatal Health Strategic Plan and provide staff
support for the stakeholder work group.
…
"COMMUNITY SERVICES BLOCK GRANT
"SECTION 1.1.(gg) Upon development, implementation, and approval of the centralized
system described in subsection (w1) of this section, amounts not to exceed three hundred
fifty-eight thousand four hundred fifty-eight dollars ($358,458) in Community Service Block
Grant funds may be budgeted for transfer to Budget Code 24410 for information technology
projects for the 2020-2021 fiscal year."
SECTION 2A.1.(b) This section is effective when it becomes law.
PART III. PSYCHIATRIC PRIVILEGE EXEMPTION
SECTION 3.1.(a) G.S. 14-318.6(h) reads as rewritten:
"(h) Nothing in this section shall be construed as to require a person with a privilege under
G.S. 8-53.3, 8-53.7, 8-53.8, or 8-53.12 or 8-53.12, with attorney-client privilege privilege, or a
psychiatrist licensed under Article 1 of Chapter 90 of the General Statutes to report pursuant to
this section if that privilege would prevent them from doing so."
SECTION 3.1.(b) This section is effective when it becomes law.
PART IV. EFFECTIVE DATE

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Senate Bill 168-Ratified

 SECTION 4.1. Except as otherwise provided, this act becomes effective October 1,
2020.
In the General Assembly read three times and ratified this the 26th day of June, 2020.

s/ Philip E. Berger
President Pro Tempore of the Senate

s/ Tim Moore
Speaker of the House of Representatives

_____________________________________
Roy Cooper
Governor

Approved __________.m. this ______________ day of ___________________, 2020

Senate Bill 168-Ratified

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