A BILL TO BE ENTITLED
AN ACT TO MAKE Technical, clarifying, and conforming modifications to the current operations and capital improvements appropriations act of 2007.
The General Assembly of North Carolina enacts:
SECTION 1.  The fourth paragraph of subdivision (28) of Section 10.36(d) of S.L. 2007‑323 reads as rewritten:
"Prior authorization. – The Department of Health and Human Services shall not impose prior authorization requirements or other restrictions under the State Medical Assistance Program on medications prescribed for Medicaid recipients for the treatment of (i) mental illness, including but not limited to, medications for schizophrenia, bipolar disorder, or major depressive disorder, or (ii) HIV/AIDS, except that the Department of Health and Human Services shall continually review utilization of medications under the State Medical Assistance Program prescribed for Medicaid recipients for the treatment of mental illness, including but not limited to, medications for schizophrenia, bipolar disorder, or major depressive disorder. For individuals 18 years of age and under who are prescribed three or more psychotropic medications, the Department shall implement clinical edits that target inefficient, ineffective, or potentially harmful prescribing patterns. When such patterns are identified, the Medical Director for the Division of Medical Assistance and the Chief of Clinical Policy for the Division of Mental Health, Developmental Disabilities, and Substance Abuse Services shall require a peer‑to‑peer consultation with the target prescribers. Alternatives discussed during the peer‑to‑peer consultations shall be based upon:
a.	Evidence‑based criteria available regarding efficacy or safety of the covered treatments; and 
b.	Policy approval by a majority vote of the North Carolina Physicians Advisory Group (NCPAG).
The target prescriber has final decision‑making authority to determine which prescription drug to prescribe or refill."
SECTION 2.  Section 10.36(d)(29)b.1. reads as rewritten:
"b.	For children eligible for EPSDT services provided by:
1.	Licensed or certified psychologists, licensed clinical social workers, certified clinical nurse specialists in psychiatric mental health advanced practice, nurse practitioners certified as clinical nurse specialists in psychiatric mental health advanced practice, licensed psychological associates, licensed professional counselors, licensed marriage and family therapists,  licensed clinical addictions specialists, and certified clinical supervisors, when Medicaid‑eligible children are referred by the Community Care of North Carolina primary care physician, a Medicaid‑enrolled psychiatrist, or the area mental health program or local management entity, and".
SECTION 3.  Section 10.36(d)(29)c. reads as rewritten:
"c.	For Medicaid‑eligible adults, services provided by licensed or certified psychologists, licensed clinical social workers, certified clinical nurse specialists in psychiatric mental health advanced practice, and nurse practitioners certified as clinical nurse specialists in psychiatric mental health advanced practice, licensed psychological associates, licensed professional counselors, licensed marriage and family therapists, licensed clinical addictions specialists, and  certified clinical supervisors, Medicaid‑eligible adults may be self‑referred."
SECTION 4.  Section 10.55(n) of S.L. 2007‑323 reads as rewritten:
"SECTION 10.55.(n)  The sum of  two million dollars ($2,000,000) appropriated in this section to the Department of Health and Human Services in the TANF Block Grant for Boys and Girls Clubs for the 2007‑2008 fiscal year shall be used to make grants for approved programs. The Department of Health and Human Services, in accordance with federal regulations for the use of TANF Block Grant funds, shall administer a grant program to award funds to the Boys and Girls Clubs across the State in order to implement programs that improve the motivation, performance, and self‑esteem of youths and to implement other initiatives that would be expected to reduce gang participation, school dropout, and teen pregnancy rates. The Department shall encourage and facilitate collaboration between the Boys and Girls Clubs and Support Our Students, Communities in Schools, and similar programs to submit joint applications for the funds if appropriate."
SECTION 5.  Notwithstanding any other provision of S.L. 2007‑323 to the contrary:
(1)	Funding reductions in that act in the Department of Health and Human Services, Division of Medical Assistance, due to savings from prior authorization of all personal care services apply only to in‑home personal care services.
(2)	Funds appropriated in that act to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, in S.L. 2007‑323 for Mental Health Services for Returning Vets shall be for one mental health program manager position in the 2007‑2008 and 2008‑2009 fiscal years.
(3)	Funds appropriated in that act to the Department of Health and Human Services, Division of Health Service Regulation, for Health Care Personnel Registry and Rating System for Adult Care Homes shall be for 14 positions and related costs.
SECTION 6.  Section 12.9 of S.L. 2007‑323 reads as rewritten:
"SECTION 12.9.  The Department of Environment and Natural Resources, Division of Parks and Recreation, shall study the advisability of the General Assembly authorizing the addition of the Deep River State Trail to the State Parks System, as provided in  G.S. 113‑44.14. In the course of the study, the Division shall consider the cost over the next five years of land acquisition, park development, and park operations. The Department shall report the results of this study to the Joint Legislative Commission on Governmental Operations by March 1, 2008."
SECTION 7.  If Senate Bill 613 is enacted and recodifies G.S. 143B‑437.10 as G.S. 143B‑437.010, then subdivision (4) of Section 13.14(d) of S.L. 2007‑323 reads as rewritten:
"(3)	It is located in a small town with a population under 10,000, an agrarian growth zone as defined in  G.S. 143B‑437.010, or an urban progress zone as defined in G.S. 143B‑437.09."
SECTION 8.  Section 14.25(m) of S.L. 2007‑323 reads as rewritten:
"SECTION 14.25.(m)   Ten of the 11 assistant district attorney positions established for District 22A by subsection (j) of this section shall be filled by 10 assistant district attorneys currently serving Alexander and Iredell Counties in District 22.  Ten of the 11 assistant district attorney positions established for District 22B by subsection (j) of this section shall be filled by 10 assistant district attorneys currently serving  Davidson and Davie Counties in District 22."
SECTION 9.  S.L. 2007‑323 is amended by adding a new section to read:
"EMERGENCY JUDGE PAY
SECTION 14.26.  G.S. 7A‑52(b) reads as rewritten:
"(b)	In addition to the compensation or retirement allowance the judge would otherwise be entitled to receive by law, each emergency judge of the district or superior court who is assigned to temporary active service by the Chief Justice shall be paid by the State the judge's actual expenses, plus  four hundred dollars ($400.00) for each day of active service rendered upon recall. No recalled retired trial judge shall receive from the State total annual compensation for judicial services in excess of that received by an active judge of the bench to which the judge is recalled."
SECTION 10.  S.L. 2007‑323 is amended by adding a new section to read:
"AID TO PUBLIC LIBRARIES
SECTION 21.4.  Notwithstanding any other provision of this act to the contrary, the Department of Cultural Resources shall distribute increases in the appropriation to public libraries based on the existing formula for Aid to Public Libraries."
SECTION 11.  Section 28.22A of S.L. 2007‑323 is amended by adding a new subsection to read:
"SECTION 28.22A(m1).  G.S. 135‑39.6A(a) reads as rewritten:
"(a)	The Executive Administrator and Board of Trustees shall, from time to time, establish premium rates for the Teachers' and State Employees' Comprehensive Major Medical Plan except as they may be established by the General Assembly in the Current Operations Appropriations Act, and establish regulations for payment of the premiums. Premium rates shall be established for coverages where Medicare is the primary payer of health benefits separate and apart from the rates established for coverages where Medicare is not the primary payer of health benefits."
SECTION 12.  Section 28.22A(o) of S.L. 2007‑323 reads as rewritten:
"SECTION 28.22A.(o)  Effective July 1, 2008, the Revisor of Statutes shall delete all statutory references to "Teachers' and State Employees' Comprehensive Major Medical Plan" and "North Carolina Teachers' and State Employees' Comprehensive Major Medical Plan" and substitute therefor "State Health Plan for Teachers and State Employees."
SECTION 13.  Notwithstanding any other provision of S.L. 2007‑323:
(1)	The capital planning funds appropriated in that act for the design of an addition to Scotland Correctional Institution shall be used for a minimum security addition rather than a medium security addition; and
(2)	The capital planning funds appropriated in that act for the design of an addition to Lanesboro Correctional Institution shall be used for a medium security addition rather than a minimum security addition.
SECTION 14.  Notwithstanding any other provision of S.L. 2007‑323, the capital funds appropriated in this act for berth structure improvements at the Port of Morehead City are not limited to the construction of a new transit shed at the Port, nor is the total project cost limited to the sum of three million two hundred seventy thousand dollars ($3,270,000).
SECTION 15.  Except as otherwise provided, this act becomes effective July 1, 2007.