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North Carolina General Assembly to Study Market Based Principals in Health Care: Sustainability and Transparency

Between now and May 2014, the General Assembly will study what some believe to be barriers to a market-based health care delivery system. Among those perceived barriers that will be studied is North Carolina’s Certificate of Need law.  The General Assembly will also be studying ways to enhance health care provider recruitment, retention and distribution in order to increase access to medical care throughout North Carolina.

During its last two sessions, the North Carolina General Assembly has utilized its Legislative Research Commission (LRC) to study a number of matters during the time the legislature is in recess.  The LRC will do that this year through Joint Committees staffed by both Senators and Representatives and House Committees staffed only by House members.  The LRC is chaired by Sen. Tom Apodaca, Rules Chair of the Senate and Rep. Tim Moore, Rules Chair of the House.  On October 29, House Speaker Thom Tillis and the President Pro Tem of the Senate, Phil Berger, announced the matters that will be studied by the LRC. 

One of the joint studies will focus on Market Based Solutions and Elimination of Anti-Competitive Practices in Health Care

Specifically, the study will focus on:

  • Perceived barriers at the federal level, including health care laws and reimbursement

  • Perceived barriers at the state level, including reimbursement, regulation of health care delivery, and the impact of theCON law on community hospitals

  • Comparison of NC’s CON law to other states with and without CON laws

  • Comparison of same day surgery offered by hospitals and non-hospital owned ambulatory surgery centers

  • Restrictive covenants in physician employment agreements

The Joint Study Committee on Market Based Solutions and Elimination of Anti-Competitive Practices in Health Care is co-chaired by Sen. Tom Apodoca of Henderson County and Rep. Marilyn Avila of Wake County.  The Committee is expected to meet several times between now and May 2014, and is charged with making an interim report to the General Assembly when it re-convenes in May 2014, including recommended legislation.  The Committee’s final report will be to the 2015 General Assembly.

Another of the Joint Studies will focus on Health Care Provider Practice Sustainability and Training/Additional Transparency in Health Care.

Specifically, the study will focus on:

  • Current and projected supply and distribution of health care providers.  The specialities that are most needed now and in the future will be identified.

  • Existing programs in NC to recruit and retain health care providers

  • Regulatory burdens to recruitment and retention

  • Successful recruitment and retention programs in other states

  • Current and future role of physicians’ assistants and registered nurses, particularly in medically underserved areas

  • Telemedicine

  • Transparency in cost

The Joint Study Committee is chaired by Sen. Ralph Hise of Mitchell County and Rep. Mark Hollo of Alexander County.  The Committee is expected to meet several times between now and May 2014, and is charged with making an interim report to the General Assembly when it re-convenes in May 2014, including recommended legislation.  The Committee’s final report will be to the 2015 General Assembly.

© 2020 Poyner Spruill LLP. All rights reserved.National Law Review, Volume III, Number 319
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