AN ACT to AMEND THE PROVISIONS OF HOUSE BILL 834 RELATEd TO HEALTH CARE COST REDUCTION AND TRANSPARENCY AND FAIR HEALTH CARE BILLING AND COLLECTIONS PRACTICES; AND TO allow the speaker of the House and president pro tempore of the senate, as agents of the state, to jointly intervene on behalf of the General assembly in any judicial proceeding challenging a North carolina statute or a provision of the north carolina constitution.

The General Assembly of North Carolina enacts:

SECTION 1.  If House Bill 834, 2013 Regular Session becomes law, G.S. 131E‑273, as enacted by House Bill 834 reads as rewritten:
"§ 131E‑273.  Certain charges/payments prohibited.
It shall be unlawful for any provider of health care services to charge or accept payment for any health care procedure or component of any health care procedure that was not performed or supplied. If a procedure requires the informed consent of a patient, the charge for any component of the procedure performed prior to consent being given shall not exceed the actual cost to the provider if the patient elects not to consent to the procedure."
SECTION 2.  If House Bill 834, 2013 Regular Session becomes law, G.S. 131E‑91(d)(5), as enacted by House Bill 834 reads as rewritten:
"(5)	For debts arising from the provision of care by a hospital or ambulatory surgical center, the doctrine of necessaries as it existed at common law shall apply equally to both spouses, except where they are permanently living separate and apart, but shall in no event create any liability between the spouses as to each other. No lien arising out of a judgment for a debt owed a hospital or ambulatory surgical facility under this section shall attach to the judgment debtors' principal residence, or, if the land upon which the principal residence is located is greater than five acres, then no lien shall attach to the judgment debtors' principal residence and the surrounding five acres, held by them as tenants by the entireties or that was held by them as tenants by the entireties prior to the death of either spouse where the tenancy terminated as a result of the death of either spouse."
SECTION 3.  Article 6 of Chapter 1 of the General Statutes is amended by adding a new section to read:
"§ 1‑72.2.  Standing of legislative officers.
The Speaker of the House of Representatives and the President Pro Tempore of the Senate, as agents of the State, shall jointly have standing to intervene on behalf of the General Assembly as a party in any judicial proceeding challenging a North Carolina statute or provision of the North Carolina Constitution. The procedure in State court shall be that set forth in Rule 29 of the Rules of Civil Procedure."
SECTION 4.  Section 1 of this act becomes effective December 1, 2013, and applies to health care procedures and services rendered on or after that date. Section 1 shall not apply to administrative actions or litigation filed before the effective date of the section. Section 2 of this act becomes effective October 1, 2013, and applies to hospital and ambulatory surgical facility billings and collections practices occurring on or after that date. The remainder of this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 26th day of July, 2013.

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

	s/	 Thom Tillis
	 Speaker of the House of Representatives

	_____________________________________
		 Pat McCrory
	 Governor

Approved __________.m. this ______________ day of ___________________, 2013