HB 1043 (Edition 3)

SESSION 2019

H 3

HOUSE BILL 1043

Committee Substitute Favorable 4/29/20

Committee Substitute #2 Favorable 4/29/20

Short Title: Pandemic Response Act.		(Public)
Sponsors:
Referred to:

April 28, 2020

A BILL TO BE ENTITLED

AN ACT to make various changes to the law related to the covid‑19 public health crisis.

The General Assembly of North Carolina enacts:

PART I. ECONOMIC SUPPORT

SUBPART I‑A. Tax relief provisions

WAIVE ACCRUAL OF INTEREST ON DEFERRED PAYMENT OF CORPORATE INCOME AND FRANCHISE TAX AND INDIVIDUAL INCOME TAX

SECTION IA.1.(a) Interest Waiver. – As a result of the COVID‑19 outbreak, the Secretary of Revenue has extended the franchise, corporate income, and individual income tax payment deadline from April 15, 2020, to July 15, 2020, and pursuant to G.S. 105‑249.2, the Secretary will not assess a penalty for failure to file a return or pay a tax due as long as the return is filed and the tax due is paid by July 15, 2020. Notwithstanding G.S. 105‑241.21(b), the Secretary of Revenue shall also waive the accrual of interest from April 15, 2020, through July 15, 2020, on an underpayment of tax imposed on a franchise, corporate income, or individual income tax return, including a partnership and estate and trust tax return, due from April 15, 2020, through July 15, 2020. The relief from accrual of interest from April 15, 2020, through July 15, 2020, also includes interest imposed pursuant to G.S. 105‑163.15 and G.S. 105‑163.41 for payments due on or before July 15, 2020.

SECTION IA.1.(b) This section is effective when it becomes law.

EXTEND CERTAIN TAX ACTION DATES

SECTION IA.2.(a) Refund Request. – For franchise, corporate income, and individual income tax, the statute of limitations for obtaining a refund is extended to July 15, 2020, for refund claims for which the statute of limitations to seek a refund expires on or after April 15, 2020, and before July 15, 2020.

SECTION IA.2.(b) Time‑Sensitive Actions. – Certain actions required to be taken by a taxpayer on or after April 1, 2020, and before July 15, 2020, will be considered timely if the request or petition is filed on or before July 15, 2020. This subsection applies to requests for Departmental review under G.S. 105‑241.11, petitions for a contested case hearing at the Office of Administrative Hearings under Article 3 of Chapter 150B of the General Statutes and G.S. 105‑241.15, and petitions for judicial review under Article 4 of Chapter 150B of the General Statutes and G.S. 105‑241.16.

SECTION IA.2.(c) This section is effective when it becomes law.

SUBPART I‑B. UNEMPLOYMENT LAW CHANGES

FLEXIBILITY TO ADMINISTER UNEMPLOYMENT COMPENSATION AND SUTA TAX CREDIT

SECTION IB.1.(a) Chapter 96 of the General Statutes is amended by adding a new section to read:

"§ 96‑14.15. Emergency unemployment benefits and tax credit to respond to the coronavirus emergency of 2020.

(a) Benefits Payable. – Unemployment benefits are payable in response to the coronavirus emergency in any of the following circumstances:

(1) An employer temporarily ceases operations due to the coronavirus, preventing the individual from going to work.

(2) An employer reduces the hours of employment due to the coronavirus.

(3) An individual has a current diagnosis of the coronavirus.

(4) An individual is quarantined at the instruction of a health care provider or a local, State, or federal official.

(b) Exceptions Allowed. – The provisions of this Chapter apply to benefits payable under this section except as follows:

(1) Waiting week. – No waiting week applies to a claim for unemployment under this section.

(2) Work search. – The work search requirements do not apply to an individual who is eligible for unemployment under this section.

(3) Non‑charging. – Benefits paid to an individual under this section are not charged to the account of any base period employer of the individual.

(4) Attached claim. – An employer may file an attached claim for benefits allowed under this section. The restrictions for filing an attached claim under G.S. 96‑15(a1) do not apply to an employer‑filed claim under this section and a claim filed by an employer under this section is not an attached claim filed under G.S. 96‑15(a1).

(c) Tax Credit. – An employer is allowed a tax credit for a contribution to the Unemployment Insurance Fund payable under G.S. 96‑9.2 for contributions due for the calendar year 2020. The amount of the credit is equal to the amount of contributions payable on the report filed by the employer on or before April 30, 2020.

If an employer remitted the contributions payable with the report due on or before April 30, 2020, the credit will be applied to the contributions payable on the report due on or before July 31, 2020. An employer must file the report to receive the credit. If the amount of the credit exceeds the amount of contributions due on the report, the excess credit amount is considered an overpayment and will be refunded pursuant to G.S. 96‑9.15(b).

(d) Coronavirus. – For purposes of this section, the term "coronavirus" has the same meaning as defined in section 506 of the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020.

(e) Applicability. – This section applies for unemployment benefits filed for periods beginning on or after March 10, 2020, and expires for unemployment benefits filed for periods beginning on or after the earlier of the following: (i) the date the Governor signs an executive order rescinding Executive Order No. 116, a Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID‑19, or (ii) December 31, 2020."

SECTION IB.1.(b) Notwithstanding G.S. 96‑14.9, an individual may meet the reporting requirements of that section by telephone or via the Internet for the period beginning March 10, 2020, and ending on the earlier of the following: (i) the date the Governor signs an executive order rescinding Executive Order No. 116, a Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID‑19, or (ii) December 31, 2020.

SECTION IB.1.(c) This section is effective when it becomes law.

CHANGES TO THE UNEMPLOYMENT INSURANCE LAWS, AS RECOMMENDED BY THE DIVISION OF EMPLOYMENT SECURITY AND THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON UNEMPLOYMENT INSURANCE

SECTION IB.2.(a) G.S. 96‑14.9(e) reads as rewritten:

"(e) Actively Seeking Work. – The Division's determination of whether an individual is actively seeking work is based upon the following:

…

(3) The individual has made at least three job contacts with potential employers during the week. An individual may satisfy one of the weekly job contacts by attending a reemployment activity offered by a local career center. The Division shall verify the suitability of the activity for the credit and the claimant's attendance at the activity.

…."

SECTION IB.2.(b) G.S. 96‑15 is amended by adding a new subsection to read:

"(a2) Federal Disaster Declaration. – An employer may file claims for employees through the use of automation in the case of unemployment due directly to a disaster covered by a federal disaster declaration."

SECTION IB.2.(c) G.S. 105‑356(a) reads as rewritten:

"(a) On Real Property. – The lien of taxes imposed on real and personal property shall attach to real property at the time prescribed in G.S. 105‑355(a). The priority of that lien shall be determined in accordance with the following rules:

(1) Subject to the provisions of the Revenue Act prescribing the priority of the lien for State taxes, the lien of taxes imposed under the provisions of this Subchapter shall be superior to all other liens, assessments, charges, rights, and claims of any and every kind in and to the real property to which the lien for taxes attaches regardless of the claimant and regardless of whether acquired prior or subsequent to the attachment of the lien for taxes. For purposes of this subdivision, the term "lien for State taxes" includes a lien for contributions under G.S. 96‑10.

…."

SECTION IB.2.(d) G.S. 120‑70.158 is repealed.

SECTION IB.2.(e) Subsection (a) of this section becomes effective July 1, 2020. The remainder of this section is effective when it becomes law.

SUBPART I‑C. APPROPRIATION FOR SMALL BUSINESS LOAN ASSISTANCE

SECTION IC.1.(a) Program. – The sum of seventy‑five million dollars ($75,000,000) in nonrecurring funds is appropriated from the Coronavirus Relief Fund to the Office of State Budget and Management to provide funds to Golden LEAF to provide grants to entities for the purpose of making emergency loans to assist small businesses with business needs during periods of economic hardship occasioned by the COVID‑19 epidemic. The following shall apply to the program and loans made under the program:

(1) Golden LEAF shall require a lender to provide assistance to, or direct to an appropriate entity that provides assistance to, a qualifying business with applying for available federal assistance.

(2) Golden LEAF shall require a lender to prioritize loans for establishments (i) with 100 or fewer full‑time equivalent employees determined as of the State of Emergency (ii) that are independently owned by a qualifying business.

(3) The loan shall have an interest rate of up to four percent (4%) before the date of a triggering event and an interest rate of at least five and one‑half percent (5.5%) on and after the date of a triggering event.

(4) The term of the loan shall not exceed 66 months and shall be amortized over the term of the loan.

(5) A qualifying business shall certify in writing that it will use a loan provided under the program for employee compensation, mortgage, rent, utilities, and other operating costs and expenses incurred on behalf of a business located in this State.

(6) A loan provided under the program is limited to no more than fifty thousand dollars ($50,000) per qualifying business.

(7) Upon the occurrence of a triggering event, repayment of the loan shall commence. A triggering event occurs six months following the closing of a loan made under the program.

(8) Loans are made pursuant to an agreement with a qualifying business that includes at least the following:

a. A provision requiring a qualifying business to certify in writing that it will use a loan provided under the program for employee compensation, mortgage, rent, utilities, and other operating costs and expenses incurred on behalf of a business located in this State.

b. A provision establishing the method for determining compliance with the program.

c. A provision requiring the qualifying business to first repay the loan amount with any federal assistance received by the business that represents a duplication of benefits; provided that, the repayment does not disqualify or impair the federal assistance available to the business.

d. A provision requiring the loan is secured through a Uniform Commercial Code financing statement.

e. A provision requiring recapture of loan funds if a business fails to comply with the requirements of the program. The lender shall recapture loan funds only if the lender determines there is a reasonable expectation that the recovery of funds will exceed the cost of recovery.

(9) The awarding of new loans using State funds appropriated in this section shall cease upon six months following the date the State of Emergency ends.

SECTION IC.1.(b) Definitions. – For purposes of this section, the following definitions apply:

(1) Compensation. – Defined in G.S. 105‑163.1.

(2) Coronavirus Relief Fund. – Funds received by the State of North Carolina during the 2019‑2020 fiscal year from the Coronavirus Relief Fund created by the Coronavirus Aid, Relief, and Economic Security Act of 2020, P.L. 116‑136.

(3) Employee. – Defined in G.S. 143B‑437.02A.

(4) Golden LEAF. – The Golden L.E.A.F. (Long‑Term Economic Advancement Foundation), Inc.

(5) Net loan funds. – The total loan fund appropriation authorized by this section less (i) the cost of administering the loans made under the program, not to exceed five percent (5%) of the total amount loaned under the program and (ii) the State's loan funds that are not recaptured.

(6) Office. – The Office of State Budget and Management.

(7) Qualifying business. – A business with a physical presence in the State that is able to show economic losses as a result of COVID‑19.

(8) State of Emergency. – Executive Order No. 116 issued March 10, 2020, by Governor Roy A. Cooper, including any amendments issued by executive order.

SECTION IC.1.(c) Miscellaneous. – In order to receive the funds appropriated under this subpart, Golden LEAF shall provide matching funds from other non‑State funds for such funds in the amount of fifteen dollars ($15.00) of non‑State funds for every seventy‑five dollars ($75.00) of State funds allocated in this section. State funds allocated in this section may be matched with any prior expenditure by Golden LEAF of non‑State funds for entities making short‑term loans to businesses during periods of economic hardship occasioned by the COVID‑19 epidemic. Six months following the date the State of Emergency ends and every six months thereafter, Golden LEAF shall remit the net loan funds that have been received to the Office, which shall deposit the funds into the Coronavirus Relief Fund. Amounts deposited into the Fund under this subsection are receipts that do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.

SECTION IC.1.(d) Reporting. – Every six months, Golden LEAF shall submit a report on the program to the Joint Legislative Economic Development and Global Engagement Oversight Committee and the Fiscal Research Division. The duty to report pursuant to this section shall cease after the submission of the report following when Golden LEAF has remitted the entirety of the net loan funds to the Office. Each report shall contain all of the following:

(1) The number of recipients of loans for each represented North American Industry Classification System Code.

(2) The number of jobs retained.

(3) The number of loans awarded.

(4) The average loan amount.

(5) The total amount loaned to date.

(6) The total amount of loans repaid to date.

(7) The total amount of loans defaulted on to date.

(8) The total amount of loans defaulted that have been recaptured.

SECTION IC.1.(e) This section is effective when it becomes law.

PART II. Education

SuBPART II‑A. DEFINITIONs

SECTION IIA.1. For the purposes of this Part, the following definitions apply:

(1) Authority. – State Education Assistance Authority.

(2) Coronavirus disease 2019 (COVID‑19) emergency. – The period beginning March 10, 2020, and continuing until the Governor signs an executive order rescinding Executive Order No. 116 (Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID‑19).

(3) Federal testing waiver. – The testing waiver granted to the State Board of Education by the United States Department of Education for the 2019‑2020 school year, pursuant to section 8401(b) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended, which, pursuant to G.S. 115C‑174.11, eliminated the collection of certain student assessment data for the 2019‑2020 school year.

(4) School closure period. – The period beginning March 16, 2020, and continuing until the latest of the following:

a. May 15, 2020.

b. The date specified by an executive order superseding the school closure period in Executive Order No. 120 (Additional Limitations on Mass Gatherings, Restrictions on Venues and Long Term Care Facilities, and Extension of School Closure Date).

c. The date specified in any executive order superseding the superseding executive order described in sub‑subdivision b. of this subdivision.

(5) State Board. – The State Board of Education.

subPART II‑B. introduction

SECTION IIB.1. The purpose of this Part is to clarify or modify certain requirements in consideration of actions and circumstances related to the COVID‑19 emergency, including, but not limited to, the federal testing waiver and the school closure period.

SUBPART II‑C. waivers and modifications related to Public school testing, accountability, grade placement/promotion, graduation requirements, School Calendars, and School Improvement Plans

TESTS AND ASSESSMENTS

SECTION IIC.1.(a) EOGs and EOCs. – Consistent with the provisions of G.S. 115C‑174.11(d), for the 2019‑2020 school year, end‑of‑grade and end‑of‑course tests are waived.

SECTION IIC.1.(b) ACT. – Notwithstanding G.S. 115C‑174.11(c)(4), during the fall semester of the 2020‑2021 school year, public school units shall administer the norm‑referenced college admissions test made available by the State Board to all students who were in the eleventh grade during the 2019‑2020 school year who were not administered the test during the 2019‑2020 school year, unless a student has already taken a comparable test and scored at or above a level set by the State Board.

SECTION IIC.1.(c) Diagnostic and Formative Assessments. – For the 2019‑2020 school year, for the diagnostic and formative reading assessments for kindergarten, first, second, and third grade students described in G.S. 115C‑83.6 and G.S. 115C‑174.11(a), additional assessments beyond those administered prior to the school closure period are not required.

SECTION IIC.1.(d) WorkKeys. – For the spring semester of the 2019‑2020 school year only, notwithstanding G.S. 115C‑174.25, a local school administrative unit shall not be required to administer the WorkKeys tests to any students who complete a concentration in career and technical education courses.

SCHOOL PERFORMANCE, ANNUAL REPORT CARDS FOR SCHOOLS, AND SCHOOL BUILDING REPORTS

SECTION IIC.2.(a) Calculation and Issuance of School Performance Grades. – For the 2020‑2021 school year, based on data from the 2019‑2020 school year, the provisions of G.S. 115C‑12(9)c1. and G.S. 115C‑83.15(a) through (f) shall not apply. Notwithstanding G.S. 115C‑83.15(g), the State Board is not required to display school report card information for the 2020‑2021 school year based on data from the 2019‑2020 school year, but shall display a brief explanation that school report cards were not issued for the 2020‑2021 school year because assessment data was not collected during the 2019‑2020 school year due to COVID‑19.

SECTION IIC.2.(b) Display of School Report Cards. – Notwithstanding G.S. 115C‑47(58), 115C‑75.8(d)(7), 115C‑218.65, 115C‑238.66(11), 116‑239.8(b)(14), and Section 6(d)(2) of S.L. 2018‑32, public school units are not required to display school report card information for the 2020‑2021 school year based on data from the 2019‑2020 school year, but shall display a brief explanation that school report cards were not issued for the 2020‑2021 school year because assessment data was not collected during the 2019‑2020 school year due to COVID‑19.

SECTION IIC.2.(c) Evaluation of Alternative Programs. – Notwithstanding G.S. 115C‑12(24), to the extent educational performance and growth of students in alternative schools and alternative programs are measured based on the accountability system developed under G.S. 115C‑83.15 and G.S. 115C‑105.35, educational performance and growth of students in alternative schools and alternative programs shall not be evaluated based on data from the 2019‑2020 school year.

SECTION IIC.2.(d) School Building Reports. – The requirement for local school administrative units to produce and make public a school building report under G.S. 115C‑12(9)c3. and G.S. 115C‑47(35) shall not apply for the October 15, 2020, report based on building‑level data from the 2019‑2020 school year.

LOW‑PERFORMING SCHOOLS

SECTION IIC.3.(a) Low‑Performing Schools. – Notwithstanding G.S. 115C‑105.37 and G.S. 115C‑218.94(a), for the 2020‑2021 school year, the following applies:

(1) The State Board shall not identify additional low‑performing schools based on data from the 2019‑2020 school year.

(2) Schools previously identified as low‑performing based on data from the 2018‑2019 school year shall continue to be identified as low‑performing.

(3) Previously identified low‑performing schools shall continue to carry out the final plan approved by the local board of education pursuant to G.S. 115C‑105.37(a1).

(4) The State Board and the local board of education shall continue to provide online access to each low‑performing school's plan in accordance with G.S. 115C‑105.37(a1)(5).

(5) The written parental notice required by G.S. 115C‑105.37(b) is not required to be provided again, but local boards of education of low‑performing schools shall include with their online final plans a brief explanation that low‑performing identification continues pending assessment data from the 2020‑2021 school year.

SECTION IIC.3.(b) Continually Low‑Performing Schools. – Notwithstanding G.S. 115C‑105.37A and G.S. 115C‑218.94(b), for the 2020‑2021 school year, the following applies:

(1) The State Board shall not identify additional continually low‑performing schools based on data from the 2019‑2020 school year.

(2) Schools previously identified as continually low‑performing based on data from the 2018‑2019 school year shall continue to be identified as continually low‑performing.

(3) Previously identified continually low‑performing schools shall continue to carry out the plan approved by the State Board pursuant to G.S. 115C‑105.37A(a).

(4) Assistance and intervention levels provided for the 2019‑2020 school year based on designation as low‑performing for two years under G.S. 115C‑105.37A(b) or low‑performing for three years under G.S. 115C‑105.37A(c) shall continue.

(5) Local boards of education may request to reform a continually low‑performing school in accordance with G.S. 115C‑105.37B.

SECTION IIC.3.(c) Low‑Performing Local School Administrative Units. – Notwithstanding G.S. 115C‑105.39A, for the 2020‑2021 school year, the following applies:

(1) The State Board shall not identify additional low‑performing local school administrative units based on data from the 2019‑2020 school year.

(2) Local school administrative units previously identified as low‑performing based on data from the 2018‑2019 school year shall continue to be identified as low‑performing.

(3) Previously identified low‑performing local school administrative units shall continue to carry out the final plan approved by the local board of education pursuant to G.S. 115C‑105.39A(b).

(4) The State Board and the local board of education shall continue to provide online access to each low‑performing local school administrative unit's plan in accordance with G.S. 115C‑105.39A(b)(5).

(5) The written parental notice required by G.S. 115C‑105.39A(c) is not required to be provided again, but the local board of education shall include with its online final plan a brief explanation that low‑performing identification continues pending assessment data from the 2020‑2021 school year.

(6) The provisions of G.S. 115C‑105.39(c) through (e) shall not apply.

INNOVATIVE SCHOOL DISTRICT

SECTION IIC.4.(a) Notwithstanding the provisions of G.S. 115C‑75.7 and G.S. 115C‑105.37A(d), for the 2020‑2021 school year, the following applies:

(1) The State Board shall not identify any additional schools as qualifying schools for the Innovative School District based on data from the 2019‑2020 school year.

(2) Schools identified as qualifying schools for the 2019‑2020 school year based on data from the 2018‑2019 school year shall remain on the qualifying list, and the provisions of G.S. 115C‑75.7(b1), (b2), and (d) shall continue to apply to these schools.

SECTION IIC.4.(b) Section 1(c) of S.L. 2019‑248 reads as rewritten:

"SECTION 1.(c) For the purposes of this subsection, a qualifying school is as defined by G.S. 115C‑75.5(5), as amended by this act. Notwithstanding G.S. 115C‑75.7, as amended by this act, the State Board of Education shall select the following schools to become innovative schools:

~~(1)~~ The lowest scoring qualifying school in the State identified based on the school performance score calculated from data for the 2019‑2020 school year to become an innovative school in the 2021‑2022 school year.

(2) The lowest scoring qualifying school in the State identified based on the school performance score calculated from data for the 2020‑2021 school year to become an innovative school in the 2022‑2023 school year."

THIRD GRADE RETENTION, READING CAMPS, AND FOURTH GRADE READING ASSESSMENT

SECTION IIC.5.(a) Third Grade Retention Determination. – For grade level determination for the 2020‑2021 school year, the following applies:

(1) Notwithstanding the provisions of G.S. 115C‑83.7 and the requirement in G.S. 115C‑288(a) that a principal's authority to grade and classify pupils is limited by the requirements of G.S. 115C‑83.7(a), principals shall have authority to determine the appropriate 2020‑2021 school year grade level for students in the third grade during the 2019‑2020 school year in the same manner as for students in all other grade levels. Principals shall designate whether a retained third grade student is retained due to reading deficiencies. Principals are encouraged to consult with a student's 2019‑2020 third grade teacher in determining grade classification.

(2) Notwithstanding the provisions of G.S. 115C‑218.85(b), charter schools shall have authority to determine the appropriate 2020‑2021 school year grade level for third grade students in the same manner that grade level classification is determined for other grade levels.

SECTION IIC.5.(b) Parental Notice and Interventions. – Consistent with G.S. 115C‑83.9(a), parents or guardians shall receive notice that a first, second, or third grade student demonstrated difficulty with reading development or was not reading at grade level during the 2019‑2020 school year based on assessments completed on or before March 13, 2020. The provisions of G.S. 115C‑83.9(d) shall apply to this notice.

For third grade students retained for the 2019‑2020 school year based on data from the 2018‑2019 school year, the requirements of G.S. 115C‑83.9(c) shall not apply during the school closure period, beginning March 16, 2020.

For third grade students retained for the 2020‑2021 school year due to reading deficiencies, the provisions of G.S. 115C‑83.8(b) through (e) and G.S. 115C‑83.9 shall apply in the same manner they would have had the student been retained pursuant to G.S. 115C‑83.7(a), except that notification regarding the exemptions described in G.S. 115C‑83.7(b) shall not apply.

SECTION IIC.5.(c) Reading Camps and Recommendations for Alternative Interventions. – Notwithstanding G.S. 115C‑83.6(a), 115C‑83.8(a), and 115C‑83.11, and any other provision of law to the contrary, local school administrative units are not required to provide reading camps corresponding to the 2019‑2020 school year.

No later than May 20, 2020, the State Board of Education shall submit to the Joint Legislative Education Oversight Committee recommendations for alternative interventions to summer instruction, to be offered to at‑risk students and students recommended for additional support by their 2019‑2020 teachers based on student outcome data available up until March 16, 2020. The alternative interventions shall be recommended as alternatives to reading camps and summer school that could have been offered but for the COVID‑19 emergency.

SECTION IIC.5.(d) Fourth Grade Reading Assessment. – No later than the tenth day that school buildings are open to students for the 2020‑2021 school year, public school units shall administer to all fourth grade students the end‑of‑year diagnostic assessment otherwise required for third grade students pursuant to G.S. 115C‑174.11(a) and State Board policy. The results of the assessment shall be used to identify reading deficiencies and inform instruction and remediation needs in order to ensure that all students achieve proficiency at the earliest date possible.

SECTION IIC.5.(e) Reporting Requirements. – For the 2020‑2021 school year, the following applies:

(1) Accountability reporting described in G.S. 115C‑83.10 shall not be required based on data from the 2019‑2020 school year, except that by September 1, 2020, local boards of education shall report to the State Board the following:

a. The number and percentage of first grade students on track and not on track to meet year‑end expectations based on assessments completed on or before March 13, 2020.

b. The number and percentage of second grade students on track and not on track to meet year‑end expectations based on assessments completed on or before March 13, 2020.

c. The number and percentage of third grade students on track and not on track to meet year‑end expectations based on assessments completed on or before March 13, 2020.

d. The number and percentage of third grade students retained pursuant to subsection (a) of this section for reading deficiencies.

(2) Reporting requirements described in G.S. 115C‑218.85(b)(4) shall not be required based on data from the 2019‑2020 school year, except that by September 1, 2020, charter schools and other public school units subject to charter school statutory requirements shall report to the State Board the following:

a. The number and percentage of third grade students on track and not on track to meet year‑end expectations based on assessments completed on or before March 13, 2020.

b. The number and percentage of third grade students retained pursuant to subsection (a) of this section for reading deficiencies.

(3) The State Board shall compile the information described in this subsection and shall submit a State‑level summary of each component by local school administrative unit and charter school to the Joint Legislative Education Oversight Committee by October 15, 2020.

ADVANCED COURSES IN MATHEMATICS

SECTION IIC.6.(a) Notwithstanding G.S. 115C‑81.36(a1) and (b), math placement for the 2020‑2021 school year shall be determined as follows:

(1) Initial math placements for all students shall be made consistent with local policies, in consultation with a student's 2019‑2020 school year math teacher.

(2) For students not initially placed in advanced courses or advanced learning opportunities in math, a student or student's parent may request administration of the end‑of‑grade or end‑of‑course test for the mathematics grade or course in which the student was enrolled for the 2019‑2020 school year solely for the purpose of determining math placement for the 2020‑2021 school year. Any student scoring at the highest level on the math end‑of‑grade or end‑of‑course test shall be placed as provided in G.S. 115C‑81.36(a1) and (b).

SECTION IIC.6.(b) For the purposes of G.S. 115C‑81.36(c), the Department of Public Instruction shall submit its December 15, 2020, report to the Joint Legislative Education Oversight Committee on the number and demographics of students who were (i) enrolled in advanced mathematics courses, including high school level mathematics courses in eighth grade, or (ii) given other advanced learning opportunities for the 2020‑2021 school year. The report shall include information on the type and format of advanced mathematics courses or advanced learning opportunities provided and shall also include any feedback provided by local boards of education on the implementation of G.S. 115C‑81.36.

CPR GRADUATION REQUIREMENT

SECTION IIC.7. Notwithstanding G.S. 115C‑12(9d)a., for the 2019‑2020 school year, any student in grade 12 who has not satisfied the requirement for completion of instruction in cardiopulmonary resuscitation shall be eligible to graduate if both of the following apply:

(1) Instruction in cardiopulmonary resuscitation cannot be completed due to the COVID‑19 emergency.

(2) The student is eligible to graduate in all respects other than the statutory requirement described in this section, as determined by the principal of the school to which the student is assigned.

SCHOOL CALENDAR FOR THE 2019‑2020 SCHOOL YEAR

SECTION IIC.8.(a) Instructional Time Requirements. – A public school unit that provides remote instruction as required by this subsection shall be deemed to have satisfied the minimum days and hours required by G.S. 115C‑75.8(d)(9), 115C‑84.2(a)(1), 115C‑150.12, 115C‑218.85(a)(1), 115C‑238.53(d), 115C‑238.66(1)d., 116‑239.8(b)(2)c., and Section 6(e) of S.L. 2018‑32 for the 2019‑2020 school year. For the purposes of this subsection for the 2019‑2020 school year, remote instruction is defined as learning that takes place outside of the traditional school setting using various media and formats, including, but not limited to, video conference, telephone conference, print material, online material, or learning management systems. Each public school unit shall provide remote instruction for the remainder of its scheduled 2019‑2020 school year.

SECTION IIC.8.(b) Student Attendance Enforcement. – For the 2019‑2020 school year, the requirements of G.S. 115C‑378(e) through (g) shall not apply during the school closure period.

SCHOOL CALENDAR FOR THE 2020‑2021 SCHOOL YEAR

SECTION IIC.9.(a) Remote Instruction Plans. – The governing body of each public school unit shall develop a Remote Instruction Plan (Plan) for the 2020‑2021 school year and shall submit its Plan to the State Board no later than July 20, 2020. The purpose of the Plan is to provide a detailed framework for delivering quality remote instruction to all students within the public school unit during the 2020‑2021 school year, as provided in subsection (b) of this section. In describing how the public school unit will implement remote instruction, the Plan shall address all of the following:

(1) Consulting with teachers, administrators and instructional support staff, parents, students, community partners, and other stakeholders in developing the Plan and effectively communicating the Plan to all involved parties.

(2) Training for teachers and staff on effective use of the remote instruction resources utilized by the public school unit and the process for student submission of completed work. The Plan shall identify any learning management system, online instructional resource, or offline instructional resource that will be made available to all students in a grade‑level across the public school unit.

(3) Defining and clearly communicating staff roles and expectations for remote instruction days, including teacher workdays, teacher accessibility, and noncertified staff workdays and responsibilities. The Plan may include variances for staff expectations when remote instruction days are also used as teacher workdays.

(4) Surveying student and teacher home connectivity and providing for remote instruction that is appropriate for teachers and students with limited connectivity capability, including the opportunity for students to download remote learning materials in advance when practicable.

(5) Engaging with community partners on services that parents and students can utilize on remote instruction days, including community partners willing to provide free broadband access or connectivity for remote instruction and community partners with child care options, and communicating remote instruction schedules with those partners.

(6) Developing effective design and delivery of remote instruction lessons within professional learning communities.

(7) Teaching and practice opportunities for students on accessing and using remote instruction platforms and methods, including how to locate, complete, and submit assignments. The Plan shall include regular opportunities for students to use the platforms and methods during nonremote instruction days to ensure student success during remote instruction.

(8) Communicating learning targets to students on each remote instruction day and ensuring that lesson design provides instructional time, practice, and application components to demonstrate learning. The Plan shall include a process for monitoring the quality of remote instruction materials.

(9) Ensuring that remote instructional time, practice, and application components support learning growth that continues towards mastery of the standard course of study. The Plan shall include work measurement guidelines appropriate to each grade level, including deadlines for submission of assignments and methods to assess and grade learning during remote instruction.

(10) Ensuring that students with disabilities have equal access to the remote instruction provided by their public school units and that remote instruction is provided in a manner consistent with each student's individualized education program (IEP) or 504 plan. Remote learning day supports shall be considered and included in the development or modification of all IEPs or 504 plans, as appropriate for the student.

(11) Tracking and reporting attendance on remote instruction days, including protocols for determining attendance, the reporting system to be used, and how attendance procedures will be communicated to parents before remote instruction begins.

(12) Providing online and offline contact options for students to communicate with teachers or staff for remote instruction days that are not used as teacher workdays.

(13) Providing technology support for students experiencing technical difficulties on remote instruction days.

SECTION IIC.9.(b) School Calendar. – Except as otherwise provided in this subsection, the requirements of G.S. 115C‑84.2, including the requirement that a school calendar consist of 215 days, apply to the 2020‑2021 school calendar for local school administrative units. The provisions of this subsection supersede any school calendar adopted by a public school unit prior to the enactment of this Part. For the 2020‑2021 school year only, the following applies to the school calendar for public school units:

(1) Notwithstanding any provisions of G.S. 115C‑75.8(d)(9), 115C‑84.2(a)(1), 115C‑150.12, 115C‑218.85(a)(1), 115C‑238.53(d), 115C‑238.66(1)d., 116‑239.8(b)(2)c., and Section 6(e) of S.L. 2018‑32 to the contrary, each public school unit shall adopt a calendar that includes 190 days of instruction as follows:

a. One hundred eighty‑five days or 1,025 hours of instruction that include five remote instruction days in accordance with the Plan developed pursuant to subsection (a) of this section. Each of the five remote instruction days may be scheduled in the discretion of the public school unit, except as provided in subdivision (2) of this subsection.

b. An additional five instructional days that shall be satisfied only by five individually separate and distinct full instructional days and not by an accumulation of instructional hours.

(2) Notwithstanding any provisions of G.S. 115C‑84.2(d) to the contrary, each local school administrative unit shall adopt a school calendar in accordance with the following:

a. An opening date for students of August 17, 2020.

b. A closing date for students no later than June 11, 2021.

c. No remote instruction day shall be scheduled prior to August 24, 2020.

d. Remote instruction days may be scheduled for use as teacher workdays, including as teacher workdays on which teachers may take accumulated vacation leave, provided that remote instruction material is prepared and provided for students to use during the remote instruction days. Local school administrative units may, in their discretion, schedule remote instruction days as teacher workdays to facilitate completion of first semester course exams prior to a winter holiday period.

e. A local school administrative unit granted a good cause waiver for the 2020‑2021 school year shall not have an opening date for students earlier than August 17, 2020, but may use up to an additional five remote instruction days, in accordance with the requirements of this subsection for remote instruction days, solely as make‑up days for days on which schools have been closed due to inclement weather or other emergency situations.

(3) If, during the 2020‑2021 school year, a state of emergency or disaster is declared under Chapter 166A of the General Statutes ordering school closure for more than five days, a public school unit providing remote instruction in accordance with the Plan developed pursuant to subsection (a) of this section may use additional remote instruction days as necessary to satisfy instructional time requirements.

SECTION IIC.9.(c) Reporting Requirement. – No later than September 15, 2020, the State Board shall report to the Joint Legislative Education Oversight Committee on the implementation of subsection (a) of this section. The State Board shall submit with its report a copy of each Remote Instruction Plan submitted, and the report shall provide a statewide summary that includes the following:

(1) All online remote instruction resources used by public school units, listed by public school unit.

(2) All offline remote instruction resources used by public school units, listed by public school unit.

(3) A list of any public school unit using only offline remote instruction resources.

(4) The number and percentage of public school units that did and did not provide plans addressing every item required by subsection (a) of this section.

(5) Strengths, challenges, and trends noted by the State Board in its review of how public school units implement remote instruction.

(6) Any other data deemed by the State Board to be useful to the Joint Legislative Education Oversight Committee in evaluating the delivery of statewide remote instruction.

SCHOOL IMPROVEMENT PLANS

SECTION IIC.10. Notwithstanding G.S. 115C‑105.27, the following shall apply:

(1) For any school improvement plan set to expire at the end of the 2019‑2020 school year, that school improvement plan may remain in effect until December 31, 2020, to allow additional time for consideration and adoption of the new school improvement plan.

(2) For any school improvement plan extended to December 31, 2020, the replacement plan shall expire in 18 months, rather than two years.

SUBPart II‑D. Temporary Budget flexibility and delay in K‑3 class size reduction for local boards of education

BUDGET FLEXIBILITY

SECTION IID.1.(a) Budget Flexibility for the Remainder of FY 2019‑2020. – Effective from the date this Part becomes law until June 30, 2020, notwithstanding G.S. 115C‑105.25 and any other provision of law, local boards of education may transfer and may approve transfers of any unexpended cash balance in an allotment category to another allotment category subject to the following limitations:

(1) Funds for career and technical education and other purposes may be transferred only as permitted by federal law and the conditions of federal grants or as provided through any rules that the State Board adopts to ensure compliance with federal regulations.

(2) No funds shall be transferred out of the children with disabilities, students with limited English proficiency, and academically or intellectually gifted students categories.

(3) No funds shall be transferred into the central office allotment category.

(4) Positions allocated for classroom teachers may be converted to dollar equivalents to contract for visiting international exchange teachers through a visiting international exchange teacher program approved by the State. These positions shall be converted at the statewide average salary for classroom teachers, including benefits. The converted funds shall be used only to provide visiting international exchange teachers with salaries commensurate with their experience levels, to provide any State‑approved bonuses, and to cover the costs associated with supporting visiting international exchange teachers within the local school administrative unit, including programming and related activities, background checks, medical coverage, and other program administration services in accordance with the federal regulations for the Exchange Visitor Program, 22 C.F.R. Part 62.

(5) Except as provided in subdivision (4) of this subsection, positions allocated for classroom teachers and instructional support personnel may be converted to dollar equivalents for any purpose authorized by the policies of the State Board of Education. These positions shall be converted at the salary on the first step of the "A" Teachers Salary Schedule. Certified position allotments shall not be transferred to dollars to hire the same type of position.

(6) Funds allocated for school building administration may be converted for any purpose authorized by the policies of the State Board of Education. For funds related to principal positions, the salary transferred shall be based on the first step of the Base column of the Principal Salary Schedule. For funds related to assistant principal months of employment, the salary transferred shall be based on the first step of the "A" Teachers Salary Schedule at the salary level for assistant principals. Certified position allotments shall not be transferred to dollars to hire the same type of position.

(7) Funds to carry out the elements of the Excellent Public Schools Act that are contained in Section 7A.1 of S.L. 2012‑142 shall not be transferred.

(8) Funds allotted for textbooks and digital resources may be used only to acquire textbooks and digital resources and related technology, including any hardware, software, or equipment or devices necessary for the use of the digital resources. These funds shall not be transferred out of the allotment for any other purpose.

Notwithstanding G.S. 20‑88.03, G.S. 115C‑215, and any other provision of law, a local board of education may transfer the unexpanded cash balance in the drivers education allotment category to another allotment category in accordance with this subsection.

SECTION IID.1.(b) Budget Flexibility for FY 2020‑2021. – Effective July 1, 2020, notwithstanding G.S. 115C‑105.25 and any other provision of law, for the 2020‑2021 fiscal year only, local boards of education may transfer and may approve transfers of funds in an allotment category to another allotment category subject to the following limitations:

(2) No funds shall be transferred out of the children with disabilities, students with limited English proficiency, and academically or intellectually gifted students categories.

(3) No funds shall be transferred into the central office allotment category.

(7) Funds to carry out the elements of the Excellent Public Schools Act that are contained in Section 7A.1 of S.L. 2012‑142 shall not be transferred.

Notwithstanding G.S. 20‑88.03, G.S. 115C‑215, and any other provision of law, a local board of education may transfer funds in the drivers education allotment category to another allotment category in accordance with this subsection.

DELAY K‑3 CLASS SIZE REDUCTION/ADJUST PROGRAM ENHANCEMENT TEACHER ALLOTMENT FUNDING

SECTION IID.2.(a) Delay K‑3 Class Size Reduction for One Year. – Part II of S.L. 2018‑2 reads as rewritten:

"PART II. CLASS SIZE PHASE IN

…

"SECTION 2.(b) Notwithstanding G.S. 115C‑301, as amended by this act, and any other provision of law, for the 2019‑2020 and 2020‑2021 school ~~year,~~ years, the average class size for kindergarten through third grade in a local school administrative unit shall not exceed one teacher per 19 students. At the end of the second school month and for the remainder of the school year, the size of an individual class in kindergarten through third grade shall not exceed one teacher per 22 students.

"SECTION 2.(c) Notwithstanding G.S. 115C‑301, as amended by this act, and any other provision of law, for the ~~2020‑2021~~ 2021‑2022 school year, the average class size for kindergarten through third grade in a local school administrative unit shall not exceed one teacher per 18 students. At the end of the second school month and for the remainder of the school year, the size of an individual class in kindergarten through third grade shall not exceed one teacher per 21 students.

"SECTION 2.(d) The class size requirements set forth in G.S. 115C‑301, as amended by this act, shall apply beginning with the ~~2021‑2022~~ 2022‑2023 school year."

SECTION IID.2.(b) Delay Teacher Position Allotment Change. – Section 3(b) of S.L. 2018‑2 reads as rewritten:

"SECTION 3.(b) Effective July 1, ~~2021,~~ 2022, G.S. 115C‑301(a1), as enacted by subsection (a) of this section, reads as rewritten:

…."

SECTION IID.2.(c) Delay Restriction on Transfers for Teacher Position Allotments. – Section 4(b) of S.L. 2018‑2 reads as rewritten:

"SECTION 4.(b) Effective July 1, ~~2021,~~ 2022, G.S. 115C‑105.25(b), as amended by subsection (a) of this section, reads as rewritten:

…."

SECTION IID.2.(d) Adjustment to the Appropriation for Program Enhancement Teachers. – Notwithstanding Section 1.1 of S.L. 2019‑242, effective beginning with the 2020‑2021 fiscal year, G.S. 115C‑301(c2)(3) reads as rewritten:

"(3) Appropriation. – Beginning with the 2019‑2020 fiscal year, there is appropriated from the General Fund to the Department of Public Instruction for the allotment for program enhancement teachers for kindergarten through fifth grade an amount equal to the percentage of the total funds required to allot program enhancement teacher positions for kindergarten through fifth grade on a basis of one teacher per 191 students for each fiscal year as follows:

Fiscal Year Appropriation

2019‑2020 50%

2020‑2021 ~~75%~~50%

2021‑2022 75%

~~2021‑2022~~ 2022‑2023 and each subsequent fiscal year thereafter 100%.

When developing the base budget, as defined by G.S. 143C‑1‑1, for each fiscal year specified in this subdivision, the Director of the Budget shall include the appropriated amount for that fiscal year."

SubPart II‑E. Modifications to school personnel employment and evaluation provisions

PRINCIPAL RECRUITMENT SUPPLEMENT

SECTION IIE.1.(a) Notwithstanding G.S. 115C‑285.1, as enacted by S.L. 2019‑247, for the 2020‑2021 school year, a school identified as an eligible school in the 2019‑2020 school year pursuant to G.S. 115C‑285.1(a)(2) shall continue to be an eligible school in the 2020‑2021 school year.

SECTION IIE.1.(b) G.S. 115C‑285.1(e), as enacted by S.L. 2019‑247, reads as rewritten:

"(e) Additional Funds. – In the event an eligible employer is unable to award funds for the salary supplement because of resignation, dismissal, reduction in force, death, retirement, or failure to execute a contract with a qualifying principal, the Department shall award the funds, as soon as is practicable, to another eligible employer identified in subdivision ~~(a)(2)~~ (a)(1) of this section."

INTENT OF THE GENERAL ASSEMBLY TO REFRAIN FROM USING SCHOOL GROWTH SCORES FROM THE 2019‑2020 SCHOOL YEAR TO DETERMINE PRINCIPAL SALARIES FOR THE 2020‑2021 FISCAL YEAR

SECTION IIE.2. It is the intent of the General Assembly that, for purposes of establishing the 2020‑2021 Principal Salary Schedule, the following shall occur:

(1) School growth scores from the 2019‑2020 school year shall not be used.

(2) To the extent school growth scores from other school years are used to determine principal salaries, data used to calculate those school growth scores shall be from the 2018‑2019 school year or earlier.

NOTIFICATION REQUIREMENT FOR TEACHER PERFORMANCE DATA

SECTION IIE.3. Notwithstanding G.S. 115C‑333.2, for the 2020‑2021 school year, principals are not required to notify teachers that Education Value‑Added Assessment System (EVAAS) data has been updated to reflect teacher performance from the 2019‑2020 school year.

TEACHER EFFECTIVENESS REPORTING REQUIREMENTS

SECTION IIE.4.(a) Notwithstanding G.S. 115C‑299.5(d), for the 2020‑2021 school year, local school administrative units are not required to provide teacher effectiveness data from the 2019‑2020 school year to the State Board, and the State Board is not required to include any disaggregated data on teacher effectiveness from the 2019‑2020 school year in its December 15, 2020, report on the state of the teaching profession in North Carolina.

SECTION IIE.4.(b) G.S. 115C‑299.5(d) reads as rewritten:

"(d) Teacher Effectiveness. – The annual teacher transition report by the State Board of Education shall disaggregate the data included in subsection (c) of this section by teacher effectiveness status at a statewide level. The report shall not disaggregate data on teacher effectiveness status at a local school administrative unit level. Notwithstanding Article 21A of this Chapter, local school administrative units shall provide to the State Board of Education, for the purposes of this report, any North Carolina Educator Evaluation System (NCEES) effectiveness status assigned to teachers who left employment. The State Board of Education shall not report disaggregated data that reveals confidential information in a teacher's personnel file, as defined by Article 21A of this Chapter, such as making the effectiveness status personally identifiable to an individual teacher."

TEACHER EVALUATION AND OBSERVATION REQUIREMENTS

SECTION IIE.5. Notwithstanding G.S. 115C‑333(a) and G.S. 115C‑333.1(a), for the 2019‑2020 school year, annual teacher evaluations required pursuant to G.S. 115C‑333(a) and G.S. 115C‑333.1(a) shall be based on (i) observations completed in the 2019‑2020 school year prior to the school closure period and (ii) other artifacts and evidence from the 2019‑2020 school year. Schools are not required to complete any observations required in the 2019‑2020 school year pursuant to G.S. 115C‑333(a) and G.S. 115C‑333.1(a) that were not completed prior to the school closure period.

SUBPart II‑F. WAIVERS FOR NONPUBLIC SCHOOLS RELATED TO TESTING AND ATTENDANCE

STANDARDIZED TESTING REQUIREMENTS FOR NONPUBLIC SCHOOLS

SECTION IIF.1. Notwithstanding G.S. 115C‑549, 115C‑550, 115C‑557, 115C‑558, and 115C‑564, nonpublic schools, as defined in G.S. 115C‑591(4), are not required to do either of the following:

(1) Administer nationally standardized tests or other nationally standardized equivalent measurements for the 2019‑2020 school year.

(2) Make, maintain, or make available records of test results received by their students in the 2019‑2020 school year.

ATTENDANCE AND CALENDAR REQUIREMENTS FOR NONPUBLIC SCHOOLS

SECTION IIF.2. Notwithstanding G.S. 115C‑378, 115C‑548, 115C‑556, and 115C‑564, nonpublic schools, as defined in G.S. 115C‑591(4), are not required to do either of the following:

(1) Make, maintain, and render attendance records of children of compulsory school age during the school closure period.

(2) For the 2019‑2020 school year, operate on a regular schedule at least nine calendar months of the year.

SUBPart II‑G. K‑12 Scholarship Programs Administered by the State education assistance authority

STANDARDIZED TESTING AND REPORTING REQUIREMENTS FOR NONPUBLIC SCHOOLS WITH STUDENTS RECEIVING OPPORTUNITY SCHOLARSHIP GRANTS

SECTION IIG.1.(a) For purposes of this section, the definitions from G.S. 115C‑562.1 shall apply.

SECTION IIG.1.(b) Notwithstanding G.S. 115C‑562.5, for the 2019‑2020 school year, a nonpublic school that accepts eligible students receiving scholarship grants is not required to do any of the following:

(1) Provide to the parent or guardian of an eligible student, whose tuition and fees are paid in whole or in part with a scholarship grant, the student's scores on standardized achievement tests.

(2) Administer a nationally standardized test or other nationally standardized equivalent measurement to any eligible students whose tuition and fees are paid in whole or in part with a scholarship grant in grades three and higher.

(3) Submit standardized test performance data from the 2019‑2020 school year to the Authority.

(4) If the nonpublic school enrolls more than 25 students whose tuition and fees are paid in whole or in part with a scholarship grant, either of the following:

a. Report to the Authority on the aggregate standardized test performance of eligible students.

b. Provide standardized test performance data from the 2019‑2020 school year to an independent research organization.

OPPORTUNITY SCHOLARSHIP PROGRAM DISBURSEMENT OF FUNDS

SECTION IIG.2. Notwithstanding G.S. 115C‑562.8, from the funds carried forward at the end of the 2019‑2020 fiscal year pursuant to G.S. 115C‑562.8 that were unexpended as a result of the closure of nonpublic schools due to the COVID‑19 emergency, the Authority may remit a scholarship grant awarded to a student for the spring semester of the 2019‑2020 school year to a nonpublic school on or before October 1, 2020.

EXTENSION OF K‑12 SCHOLARSHIP PROGRAM REPORT DATES

SECTION IIG.3.(a) Opportunity Scholarship Grant Program. – Notwithstanding G.S. 115C‑562.7, the Authority shall submit by November 15, 2020, its annual report due by October 15 each year to the Joint Legislative Education Oversight Committee on the Opportunity Scholarship Grant Program.

SECTION IIG.3.(b) Disabilities Grant Program. – Notwithstanding G.S. 115C‑112.8, the Authority shall submit by November 15, 2020, its annual report due by October 15 each year to the Joint Legislative Education Oversight Committee on the Special Education Scholarships for Children with Disabilities Program.

SUBPart II‑H. Modifications for educator preparation programs/School Administrator preparation programs

EDUCATOR PREPARATION PROGRAMS

SECTION IIH.1.(a) Minimum Admission Requirements for EPPs. – Notwithstanding the minimum admission requirements required by G.S. 115C‑269.15, for the 2020‑2021 academic year only, a recognized EPP shall be permitted to admit students as follows:

(1) An individual student shall not be required to meet any of the criteria set forth in G.S. 115C‑269.15(a).

(2) An individual student shall not be required to have earned a grade point average of at least 2.7 under G.S. 115C‑269.15(c). However, the EPP shall not permit a student to commence with a clinical practice as required by G.S. 115C‑269.25(d) until the student has earned a grade point average of at least 2.7.

(3) The minimum cohort grade point average for the entering cohort to an EPP for the 2020‑2021 academic year shall not be required to be at least 3.0 under G.S. 115C‑269.15(d).

SECTION IIH.1.(b) Clinical Internships. – Notwithstanding G.S. 115C‑269.25(d)(1), a student who is enrolled in a recognized EPP pursuant to G.S. 115C‑269.5 may have the clinical internship requirement set forth in G.S. 115C‑269.25(d)(1) deemed completed for the 2019‑2020 academic year under the following conditions:

(1) The student has completed as much time in a clinical internship as practicable prior to March 10, 2020.

(2) The student would be unable to complete the EPP by August 15, 2020, unless the clinical internship is deemed completed pursuant to this section.

(3) The student has been engaged in remote instruction as practicable while the school is closed during the school closure period.

(4) The student has otherwise met the descriptors identified on the certification of teacher capacity utilized by the EPP and the elementary or secondary school partner.

SECTION IIH.1.(c) Pedagogy Assessments. – Notwithstanding G.S. 115C‑269.25(g), for individuals who have their clinical internship deemed completed pursuant to subsection (b) of this section, the following shall apply:

(1) The State Board shall not require EPPs to require these individuals for the 2019‑2020 academic year to complete a nationally normed and valid pedagogy assessment to determine clinical practice performance.

(2) The State Board shall not require these individuals for the 2019‑2020 academic year to complete the pedagogy assessment as a condition of EPP completion.

(3) These individuals shall attempt the pedagogy assessment by the end of their first year of licensure and shall pass the assessment by the end of their third year of licensure.

SECTION IIH.1.(d) Accountability. – Due to the lack of student assessment data and the school closure period, notwithstanding the requirements of G.S. 115C‑269.35(a), EPPs shall only be required to submit information that is practicably available in the annual report to the State Board required under G.S. 115C‑269.35(b) for the 2019‑2020 academic year.

SECTION IIH.1.(e) Sanctions. – Notwithstanding G.S. 115C‑269.45(c), the State Board shall not consider data that was not practicably available related to the 2019‑2020 school year when assigning sanctions for an EPP under G.S. 115C‑269.45(c).

SECTION IIH.1.(f) EPP Report Cards. – Due to limited available information and the waiver of the requirement to submit certain information to the State Board under subsection (c) of this section, notwithstanding G.S. 115C‑269.50, the State Board shall create and submit annual report cards for EPPs as required by G.S. 115C‑269.50 by December 15, 2020, to the Joint Legislative Education Oversight Committee (Committee) but shall not make the annual report cards created pursuant to this section available to the public through the State Board's Web site for the 2019‑2020 academic year. The State Board shall also include in its report to the Committee aggregated information on the following:

(1) The number and overall percentage of students who were admitted to an EPP with a GPA that was less than 2.7 as permitted by subdivision (2) of subsection (a) of this section.

(2) The number and overall percentage of students who had their clinical internships deemed completed pursuant to subsection (b) of this section.

SCHOOL ADMINISTRATOR PREPARATION PROGRAMS

SECTION IIH.2. Notwithstanding G.S. 115C‑284(c2), a school administrator candidate who is enrolled in a school administrator preparation program meeting the approval standards established by the State Board pursuant to G.S. 115C‑284 may have certain requirements of G.S. 115C‑284(c2) deemed completed for the 2019‑2020 academic year as follows:

(1) The requirement that a candidate shall complete a year‑long internship under G.S. 115C‑284(c2)(7) shall be deemed completed under the following conditions:

a. The candidate has completed as much time in the year‑long internship as practicable prior to March 10, 2020.

b. The candidate would be unable to complete the program by August 15, 2020, unless the internship is deemed completed pursuant to this section.

c. The candidate has been engaged in administrative duties as practicable while the school is closed during the school closure period.

d. The candidate has otherwise met the competencies identified in the certification of capacity utilized by the school administrator preparation program.

(2) The candidate shall complete a portfolio for emerging leaders to demonstrate the application of his or her training to actual school needs and training to the extent practicable prior to completion of the school administrator preparation program.

TRANSFORMING PRINCIPAL PREPARATION GRANT PROGRAM REQUIREMENTS

SECTION IIH.3.(a) Notwithstanding G.S. 116‑209.72(a)(2)e., a school leader candidate who is enrolled in a school leader preparation program receiving a grant pursuant to Part 4 of Chapter 116 of the General Statutes shall have the clinical practice requirement under G.S. 116‑209.72(a)(2)e. deemed completed for the 2019‑2020 academic year under the following conditions:

(1) The candidate has completed as much time in the clinical practice as practicable prior to March 10, 2020.

(2) The candidate has been engaged in school leader duties as practicable while the school is closed during the school closure period.

SECTION IIH.3.(b) Notwithstanding G.S. 116‑209.73(c)(1a)a., the Authority shall not retrieve grant funds for the 2019‑2020 fiscal year from a grant recipient based solely on a recipient's failure to require school leader candidates to complete a full‑time paid clinical practice of at least five months and 750 hours in duration as required by G.S. 116‑209.72(a)(2)e. as part of the program during the 2019‑2020 academic year.

SUBPart II‑I. Modifications for Teacher licensure REQUIREMENTS/REQUIREMENTS for other school personnel

TEACHER LICENSURE REQUIREMENTS

SECTION III.1.(a) Extension for Licensure Requirements. – Notwithstanding G.S. 115C‑270.15, G.S. 115C‑270.20, and Section 1.2 of S.L. 2019‑71, as amended by Section 8(d) of S.L. 2019‑212, the State Board shall allow applicants for educator licensure additional time to meet the requirements under G.S. 115C‑270.15 and G.S. 115C‑270.20 as follows:

(1) An individual who is in the first year of licensure, including an initial professional licensure (IPL), lateral entry license, or residency license (RL), as of March 10, 2020, who has not taken the examination required by the State Board may take the examination during the individual's second year of licensure.

(2) An applicant for a continuing professional license (CPL) whose lateral entry license expires June 30, 2020, including a teacher granted an extension pursuant to Section 1.2 of S.L. 2019‑71, as amended by Section 8(d) of S.L. 2019‑212, who has not met the examination and coursework requirements established by the State Board as of March 10, 2020, shall be provided an extension until June 30, 2021.

(3) An applicant for a CPL whose IPL expires June 30, 2020, who has not met the examination requirement established by the State Board as of March 10, 2020, shall be provided an extension until June 30, 2021.

(4) An applicant for a CPL who is an elementary education (K‑6) or special education general curriculum teacher with an IPL or RL who was granted an extension until June 30, 2020, pursuant to Section 1.2 of S.L. 2019‑71, as amended by Section 8(d) of S.L. 2019‑212, who has not met the examination requirement established by the State Board as of March 10, 2020, shall be provided an extension until June 30, 2021.

SECTION III.1.(b) Extension for CEU Requirement. – Notwithstanding G.S. 115C‑270.30(b), any teacher who is required to have at least eight continuing education credits for continuing licensure by June 30, 2020, shall have until June 30, 2021, to meet the requirements under G.S. 115C‑270.30(b).

LICENSURE REQUIREMENTS FOR OTHER SCHOOL PERSONNEL

SECTION III.2.(a) Extension for Examination Requirement. – Notwithstanding G.S. 115C‑284 and G.S. 115C‑315(d), the State Board shall allow applicants for licensure additional time to meet the examination requirements as follows:

(1) Pursuant to G.S. 115C‑284, an individual applying for a school administrator license who has not met the examination requirements established by the State Board as of March 10, 2020, shall be permitted to meet the examination requirements in the first year of licensure.

(2) Pursuant to G.S. 115C‑315(d), an individual applying for licensure for a professional position in a public elementary or secondary school who has not met the examination requirements established by the State Board as of March 10, 2020, shall be permitted to meet the examinations requirement in the first year of licensure.

SECTION III.2.(b) Extension for CEU Requirement. – Notwithstanding G.S. 115C‑284(c3), a school administrator who is required to meet continuing education credits in high‑quality, integrated digital teaching and learning for licensure renewal by June 30, 2020, shall have until June 30, 2021, to meet the requirements under G.S. 115C‑284(c3).

SUBpart II‑J. North carolina community college modifications

COMMUNITY COLLEGE TUITION WAIVER FOR STUDENTS IN APPRENTICESHIP PROGRAMS

SECTION IIJ.1. Notwithstanding G.S. 115D‑5(b)(16), a student who is unable to continue participation in a pre‑apprenticeship or apprenticeship program due to the COVID‑19 emergency may be eligible for a tuition waiver for community college courses in the student's documented plan of study related to a job‑specific occupational or technical skill until December 31, 2020.

SUBPart II‑K. University of north carolina modifications

WAIVER OF INTEREST CHARGES ON UNC STUDENT DEBT

SECTION IIK.1. Notwithstanding G.S. 147‑86.23, a constituent institution of The University of North Carolina shall not accrue or charge any interest to a past‑due account receivable held by a student between March 13, 2020, and September 15, 2020.

EXTENSION OF UNC REPORT DATES

SECTION IIK.2.(a) Notwithstanding G.S. 116‑11(12d), 116‑74.21, and 143‑613(b1), the Board of Governors of The University of North Carolina shall have an additional 60 days to submit the following reports to the Joint Legislative Education Oversight Committee:

(1) The annual report due by April 15 each year on teacher education efforts at The University of North Carolina.

(2) The annual report due by April 15 each year on the supply and demand of school administrators to determine the number of school administrators to be trained in school administrator training programs within the constituent institutions of The University of North Carolina in each year of the fiscal biennium.

(3) The biennial report due by May 15 every two years on the goals for State‑operated health professional schools that offer training programs for licensure or certification of physician assistants, nurse practitioners, and nurse midwives for increasing the percentage of the graduates of those programs who enter clinical programs and careers in primary care.

SECTION IIK.2.(b) Notwithstanding Section 9.7(c) of S.L. 2008‑107, as amended by Section 9.3(c) of S.L. 2010‑31, the Board of Governors of The University of North Carolina shall submit by June 15, 2020, its annual report on the UNC‑NCCCS 2+2 E‑Learning Initiative due by April 15 each year to the Joint Legislative Education Oversight Committee, the State Board of Education, the Office of State Budget and Management, and the Fiscal Research Division.

SECTION IIK.2.(c) Notwithstanding Section 9.3(c) of S.L. 2005‑276, as amended by Section 9.3(d) of S.L. 2010‑31, The University of North Carolina System Office shall submit by June 15, 2020, its annual report on the UNC‑NCCCS Joint Initiative for Teacher Education and Recruitment due by April 15 each year to the State Board of Education, the Board of Governors of The University of North Carolina, the State Board of Community Colleges, the Education Cabinet, the Joint Legislative Education Oversight Committee, and the Office of State Budget and Management.

PART III. HEALTH CARE

SUBPART III‑A. DEFINITIONS

SECTION IIIA.1.(a) Unless the context clearly indicates otherwise, the following definitions apply in this Part:

(1) CDC. – The federal Centers for Disease Control and Prevention.

(2) COVID‑19. – Coronavirus disease 2019.

(3) COVID‑19 diagnostic test. – A test the federal Food and Drug Administration has authorized for emergency use or approved to detect the presence of the severe acute respiratory syndrome coronavirus 2.

(4) COVID‑19 emergency. – The period beginning March 10, 2020, and ending on the date the Governor signs an executive order rescinding Executive Order No. 116, Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID‑19.

(5) COVID‑19 antibody test. – A serological blood test the federal Food and Drug Administration has authorized for emergency use or approved to measure the amount of antibodies or proteins present in the blood when the body is responding to an infection caused by the severe acute respiratory syndrome coronavirus 2.

SECTION IIIA.1.(b) This section is effective when it becomes law.

SUBPART III‑B. AFFIRMATIONS OF ACTIONS TAKEN IN RESPONSE TO COVID‑19

SECTION IIIB.1.(a) The North Carolina General Assembly supports the various actions taken by the North Carolina Medical Board, the North Carolina Board of Nursing, other health care provider licensing boards, and the State's teaching institutions for health care providers and their efforts to address the workforce supply challenges presented by the COVID‑19 emergency. Further, the General Assembly supports each of the following initiatives, including, but not limited to:

(1) As COVID‑19 antibody tests become available in the State, encouraging all persons authorized under State law to administer such tests to give priority to frontline care providers, including emergency medical services personnel, firefighters, rescue squad workers, law enforcement officers, licensed health care providers, long‑term care providers, child care providers, and other persons essential to the provision of medical care, dental care, long‑term care, or child care.

(2) Pursuing any federally available waiver or program allowance regarding child welfare, including, but not limited to, waivers regarding virtual visitation for children in foster care, temporary suspension of relicensing requirements for foster parents, and the continuation of payments for youth in foster care ages 18‑21 years, regardless of education or employment requirements.

(3) Providing ongoing flexibility to teaching institutions to ensure students seeking degrees in health care professions can complete necessary clinical hours.

SECTION IIIB.1.(b) This section is effective when it becomes law.

SUBPART III‑C. INCREASED ACCESS TO MEDICAL SUPPLIES necessary to respond to covid‑19 and future public health emergencies

STATE PLAN FOR A STRATEGIC STATE STOCKPILE OF PERSONAL PROTECTIVE EQUIPMENT AND TESTING SUPPLIES FOR PUBLIC HEALTH EMERGENCIES

SECTION IIIC.1.(a) As used in this section, the following terms have the following meanings:

(1) Acute care providers. – Includes hospitals, free‑standing emergency departments, urgent care centers, and dialysis centers.

(2) First responders. – Includes local health departments, law enforcement, fire departments, search and rescue personnel, and emergency medical services providers.

(3) Health care providers. – As defined in G.S. 90‑21.50.

(4) Long‑term care providers. – Includes skilled nursing facilities, intermediate care facilities as defined in G.S. 131A‑3, adult care homes licensed under G.S. 131D‑2.4, group homes, home health agencies, and palliative and hospice care providers.

(5) Non‑health care entities. – Includes child care providers, local departments of social services, hotels and motels used for isolation and quarantine, shelters, and correctional facilities.

SECTION IIIC.1.(b) By July 1, 2020, the Division of Public Health (DPH) and the Division of Health Service Regulation (DHSR) within the Department of Health and Human Services, in conjunction with the North Carolina Division of Emergency Management within the Department of Public Safety, shall develop and submit to the Joint Legislative Oversight Committee on Health and Human Services and the Joint Legislative Oversight Committee on Justice and Public Safety a plan for creating and maintaining a Strategic State Stockpile of personal protective equipment (PPE) and testing supplies. It is the intent of the General Assembly that the Strategic State Stockpile would be accessible by both public and private acute care providers, first responders, health care providers, long‑term care providers, and non‑health care entities located within the State for the purposes of addressing the COVID‑19 pandemic and future public health emergencies.

SECTION IIIC.1.(c) The plan shall include at least all of the following components:

(1) Recommendations about which agency will serve as the lead agency to oversee the Strategic State Stockpile described in this section, with (i) a description of the roles of DPH, DHSR, and the Division of Emergency Management and (ii) an explanation of how these entities will collaborate to create and maintain the Strategic State Stockpile.

(2) Recommendations for improvements to the State's existing procurement, allocation, and distribution process for PPE.

(3) Recommendations about what persons or entities should have access to the Strategic State Stockpile.

(4) Recommendations on how to increase within the State the manufacture of PPE that meets CDC guidelines for infection control, including consideration of (i) incentives for in‑State private manufacturers and vendors that agree to produce and make PPE available to the Strategic State Stockpile and (ii) the feasibility of Correction Enterprises producing PPE for the Strategic State Stockpile.

(5) Recommendations about procuring testing supplies that meet applicable federal standards.

(6) Identification of available locations for maintaining the Strategic State Stockpile.

(7) Recommendations about the source, type, quality, and quantity of PPE and testing supplies the State should maintain as part of the Strategic State Stockpile, including a process for ongoing evaluation by individuals with expertise in emergency response, infection control, and environmental safety.

(8) A mechanism for managing the inventory of PPE and testing supplies purchased for the Strategic State Stockpile.

(9) An estimated five‑year budget, including nonrecurring and recurring costs, for creating and maintaining the Strategic State Stockpile.

(10) Any other components deemed appropriate by DPH and DHSR, in conjunction with the Division of Emergency Management.

SECTION IIIC.1.(d) This section is effective when it becomes law.

PRIORITY CONSIDERATION OF NORTH CAROLINA‑BASED COMPANIES WHEN ADDRESSING PUBLIC HEALTH EMERGENCIES

SECTION IIIC.2.(a) During a public health emergency, the Department of Health and Human Services and the North Carolina Division of Emergency Management within the Department of Public Safety shall first consider North Carolina‑based companies that can provide mobile response units with capabilities to reach rural areas of the State. Operations that shall be considered include patient testing or sample collections, feeding operations, triage facilities, and other operations where it is necessary to deliver mobile services to individuals.

SECTION IIIC.2.(b) This section is effective when it becomes law.

SUBPART III‑D. SUPPORT FOR HEALTH CARE providers TO RESPOND TO COVID‑19

DENTAL BOARD FLEXIBILITY DURING DISASTERS AND EMERGENCIES

SECTION IIID.1.(a) Article 2 of Chapter 90 of the General Statutes is amended by adding a new section to read:

"§ 90‑28.5. Disasters and emergencies.

If the Governor declares a state of emergency or a county or municipality enacts ordinances under G.S. 153A‑121, 160A‑174, 166A‑19.31, or Article 22 of Chapter 130A of the General Statutes, the North Carolina Board of Dental Examiners may waive the requirements of this Article and Article 16 of this Chapter to permit the provision of dental and dental hygiene services to the public during the state of emergency."

SECTION IIID.1.(b) This section is effective when it becomes law.

AUTHORIZATION FOR DENTISTS TO ADMINISTER COVID‑19 TESTS

SECTION IIID.2.(a) G.S. 90‑29(b) is amended by adding a new subdivision to read:

"(14) The administration by dentists of diagnostic tests and antibody tests for coronavirus disease 2019 to patients only if such tests have been approved or authorized for emergency use by the United States Food and Drug Administration."

SECTION IIID.2.(b) This section is effective when it becomes law.

AUTHORIZATION PROCESS FOR IMMUNIZING PHARMACISTS TO ADMINISTER COVID‑19 IMMUNIZATIONS/VACCINATIONS

SECTION IIID.3.(a) In the event the Centers for Disease Control and Prevention recommends an immunization or vaccination for COVID‑19 at a time when the General Assembly is not in regular session, any person may petition the State Health Director, in writing, to authorize immunizing pharmacists, as defined in G.S. 90‑85.3, to administer the recommended immunization or vaccination for COVID‑19 by means of a statewide standing order. The State Health Director shall, within 30 days after receiving such petition, consult with the following entities in evaluating the petition and respond by either approving or denying the petition: Representatives of the North Carolina Academy of Family Physicians, the North Carolina Medical Society, the North Carolina Pediatric Society, the North Carolina Association of Community Pharmacists, the North Carolina Association of Pharmacists, and the North Carolina Retail Merchants Association.

SECTION IIID.3.(b) Following the consultation provided in subsection (a) of this section, if the State Health Director approves the petition, the State Health Director may issue a statewide standing order authorizing the administration of an immunization or vaccination of COVID‑19 by immunizing pharmacists. If the State Health Director issues a statewide standing order, it shall expire upon the adjournment of the next regular session of the General Assembly.

SECTION IIID.3.(c) If the State Health Director approves the petition as provided in subsection (a) of this section, the State Health Director shall, within 10 days after approval, consult with the entities listed in subsection (a) of this section to develop and submit to the North Carolina Board of Medicine, the North Carolina Board of Nursing, the North Carolina Board of Pharmacy, and the Joint Legislative Oversight Committee on Health and Human Services a minimum standard screening questionnaire and safety procedures for written protocols for the administration of the recommended immunization or vaccination for COVID‑19 by immunizing pharmacists. In the event that the questionnaire and recommended standards are not developed and submitted within the 10‑day period as provided in this subsection, then the Immunization Branch of the Department of Health and Human Services, Division of Public Health, shall develop the questionnaire and recommended standards within the next 10 days and submit them to the North Carolina Board of Medicine, the North Carolina Board of Nursing, the North Carolina Board of Pharmacy, and the Joint Legislative Oversight Committee on Health and Human Services. At a minimum, immunizing pharmacists who administer the recommended immunization or vaccination for COVID‑19 shall be required to comply with all the requirements of G.S. 90‑85.15B.

SECTION IIID.3.(d) All of the following individuals shall be immune from any civil or criminal liability for actions authorized by this section as follows:

(1) The State Health Director acting pursuant to this section.

(2) Any pharmacist who administers a COVID‑19 immunization or vaccine pursuant to a statewide standing order issued under this section.

SECTION IIID.3.(e) This section is effective when it becomes law.

Prescription Identification Requirements

SECTION IIID.4.(a) Notwithstanding any other provision of law to the contrary, for the duration of the COVID‑19 emergency, pharmacists licensed in this State under Article 4A of Chapter 90 of the General Statutes may confirm the identity of any individual seeking dispensation of a prescription by the visual inspection of any form of government‑issued photo identification. If the individual seeking dispensation is a known customer, the pharmacist may confirm the individual's identity by referencing existing records, including the controlled substances reporting system. Nothing in this section shall be construed to relieve a pharmacist of the obligation to review information in the controlled substances reporting system in accordance with G.S. 90‑113.74D.

SECTION IIID.4.(b) This section is effective when it becomes law and expires 60 days after Executive Order No. 116 is rescinded, or December 31, 2020, whichever is earlier.

TEMPORARY FLEXIBILITY FOR QUALITY IMPROVEMENT PLANS

SECTION IIID.5.(a) For purposes of this section, the following definitions apply:

(1) Quality improvement plan rules. – The rules regulating the quality improvement process for physician assistants and nurse practitioners found in 21 NCAC 32S .0213, 21 NCAC 32M .0110, and 21 NCAC 36 .0810.

(2) Application fee rules. – The portions of rules found in 21 NCAC 32S .0204, 21 NCAC 32M .0115, and 21 NCAC 36 .0813 that require the payment of an application fee.

(3) Annual review rules. – The portions of rules requiring the annual review or renewal of a practice arrangement between a physician and a physician assistant or nurse practitioner found in 21 NCAC 32S .0201, 21 NCAC 32M .0110, and 21 NCAC 36 .0806.

SECTION IIID.5.(b) Notwithstanding any other provision of law to the contrary, neither the North Carolina Medical Board nor the North Carolina Board of Nursing shall enforce any provision of the quality improvement plan rules to the extent they require any of the following:

(1) Quality improvement process meetings between a physician and a physician assistant or nurse practitioner, provided that the physician assistant or nurse practitioner was practicing within the scope of his or her license prior to February 1, 2020, and continues to practice within the scope of his or her license while this section is effective.

(2) Monthly quality improvement process meetings between a physician and a physician assistant or nurse practitioner during the first six months of the practice arrangement between the physician and the physician assistant or nurse practitioner physician assistant, nurse practitioner, or certified nurse midwife.

SECTION IIID.5.(c) Notwithstanding any other provision of law to the contrary, neither the North Carolina Medical Board nor the North Carolina Board of Nursing shall enforce any provision of the quality improvement plan rules or the application fee rules to the extent they require any individual to fill out an application or pay a fee, provided that individual is providing volunteer health care services within the scope of his or her license in response to the COVID‑19 pandemic state of emergency declared by the Governor of North Carolina on March 10, 2020.

SECTION IIID.5.(d) Notwithstanding any other provision of law to the contrary, neither the North Carolina Medical Board nor the North Carolina Board of Nursing shall enforce any provision of the annual review rules.

SECTION IIID.5.(e) This section is effective when it becomes law and expires 60 days after Executive Order No. 116 is rescinded, or December 31, 2020, whichever is earlier.

PANDEMIC HEALTH CARE WORKFORCE STUDY

SECTION IIID.6.(a) The mission of the North Carolina Area Health Education Center (NC AHEC) is to meet the State's health and health workforce needs and to provide education programs and services that bridge academic institutions and communities to improve the health of the people of North Carolina, with a focus on underserved populations. Consistent with that mission, the North Carolina General Assembly directs the NC AHEC program to conduct a study of the issues that impact health care delivery and the health care workforce during a pandemic. The study shall focus on the impact of the COVID‑19 pandemic, issues that need to be addressed in the aftermath of this pandemic, and plans that should be implemented in the event of a future health crisis.

SECTION IIID.6.(b) The study shall include input from universities, colleges, and community colleges that educate health care providers; health care provider licensing boards; the Department of Health and Human Services; the Department of Public Safety; and geographically disbursed rural and urban hospitals, ambulatory surgical centers, primary care practices, specialty care practices, correctional facilities, group homes, home care agencies, nursing homes, adult care homes, and other residential care facilities.

SECTION IIID.6.(c) The study shall include, but is not limited to, examination of, and reporting on, the issues outlined below:

(1) Adequacy of the health care workforce supply to respond to a pandemic in the following settings: acute care, ambulatory, primary care, nursing homes, adult care homes, other residential care facilities, correctional facilities, and in‑home care.

(2) Adequacy of the health care workforce supply to address the COVID‑19 surge; the ability to redirect the existing workforce supply to meet staffing demands, including the identification of any barriers; and recommendations to eliminate barriers and readily deploy staffing in a future health crisis.

(3) Adequacy of the health care workforce training, by setting, and the need for additional training or cross‑training of health care providers.

(4) Impact of the COVID‑19 pandemic on communities with preexisting workforce shortages.

(5) Impact of personal protective equipment (PPE) availability on the health care workforce, by setting.

(6) Sufficiency of support mechanisms for the health care workforce, including the availability of child care, transportation, mental health and resilience support services, and other support items.

(7) Impact of postponing or eliminating nonessential services and procedures on the health care workforce.

(8) Impact of postponing or eliminating nonessential services and procedures on hospitals, particularly rural hospitals.

(9) Interruptions in the delivery of routine health care during the COVID‑19 pandemic and the impact to citizens, primary and specialty care practices, and the health care workforce employed in these practices.

(10) Impact of the COVID‑19 pandemic on the delivery of behavioral health services.

(11) Ability of telehealth options to deliver routine and emergent health and behavioral health services to patients.

(12) Impact of telehealth on hospitals during the COVID‑19 pandemic.

(13) Support necessary to resume health care delivery to pre‑pandemic levels.

(14) Ability of the health care workforce and health care delivery structure to respond to the needs of minority populations, individuals with health disparities, and individuals and communities with increased health risks, during a pandemic.

(15) Impact of the COVID‑19 pandemic, including concerns surrounding PPE availability, on current health sciences students and implications for future students contemplating a career in health sciences.

SECTION IIID.6.(d) The NC AHEC shall report findings and recommendations to the House Select Committee on COVID‑19, Health Care Working Group, on or before November 15, 2020. The report shall include a summary section to provide a high‑level debriefing to the State's leaders, health care providers, and others, on successes and priority items to address as the State moves forward.

SECTION IIID.6.(e) Due to the evolving nature of the COVID‑19 pandemic, the NC AHEC has authority to report subsequent study findings and recommendations, as appropriate, to the Joint House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Joint Legislative Oversight Committee on Health and Human Services.

SECTION IIID.6.(f) This section is effective when it becomes law.

HEALTH CARE LIABILITY PROTECTION FOR EMERGENCY OR DISASTER TREATMENT

SECTION IIID.7.(a) Chapter 90 of the General Statutes is amended by adding a new Article to read:

"Article 1L.

"Emergency or Disaster Treatment Protection Act.

"§ 90‑21.130. Short title.

This Article shall be known and may be cited as the Emergency or Disaster Treatment Protection Act.

"§ 90‑21.131. Purpose.

It is the purpose of this section to promote the public health, safety, and welfare of all citizens by broadly protecting the health care facilities and health care providers in this State from liability that may result from treatment of individuals during the COVID‑19 public health emergency under conditions resulting from circumstances associated with the COVID‑19 public health emergency. A public health emergency that occurs on a statewide basis requires an enormous response from state, federal, and local governments working in concert with private and public health care providers in the community. The rendering of treatment to patients during such a public health emergency is a matter of vital State concern affecting the public health, safety, and welfare of all citizens.

"§ 90‑21.132. Definitions.

The following definitions apply in this Article:

(1) COVID‑19. – Coronavirus disease 2019.

(2) COVID‑19 emergency declaration. – Executive Order No. 116 issued March 10, 2020, by Governor Roy A. Cooper, including any amendments issued by executive order, subject to extensions under Chapter 166A of the General Statutes.

(3) COVID‑19 emergency rule. – Any executive order, declaration, directive, request, or other state or federal authorization, policy statement, rule making, or regulation that waives, suspends, or modifies applicable State or federal law regarding scope of practice, including modifications authorizing health care providers licensed in another state to practice in this State, or the delivery of care, including those regarding the facility space in which care is delivered and which equipment is used during the COVID‑19 emergency declaration.

(4) Damages. – Economic or noneconomic losses for harm to an individual.

(5) Harm. – Physical and nonphysical contact that results in injury to or death of an individual.

(6) Health care facility. – Any entity licensed pursuant to Chapter 122C, 131D, or 131E of the General Statutes or Article 64 of Chapter 58 of the General Statutes.

(7) Health care provider. –

a. An individual who is licensed, certified, or otherwise authorized under Chapter 90 or 90B of the General Statutes to provide health care services in the ordinary course of business or practice of a profession or in an approved education or training program.

b. A health care facility where health care services are provided to patients, residents, or others to whom such services are provided as allowed by law.

c. Individuals licensed under Chapter 90 of the General Statutes or practicing under a waiver in accordance with G.S. 90‑12.5.

d. Any emergency medical services personnel as defined in G.S. 131E‑155(7).

e. Any individual providing health care services within the scope of authority permitted by a COVID‑19 emergency rule.

f. Any individual who is employed as a health care facility administrator, executive, supervisor, board member, trustee, or other person in a managerial position or comparable role at a health care facility.

g. An agent or employee of a health care facility that is licensed, certified, or otherwise authorized to provide health care services.

h. An officer or director of a health care facility.

i. An agent or employee of a health care provider who is licensed, certified, or otherwise authorized to provide health care services.

(8) Health care service. – Treatment, clinical direction, supervision, management, administrative or corporate service, provided by a health care facility or a health care provider during the period of the COVID‑19 emergency declaration, regardless of the location in this State where the service is rendered:

a. To provide testing, diagnosis, or treatment of a health condition, illness, injury, or disease related to a confirmed or suspected case of COVID‑19.

b. To dispense drugs, medical devices, medical appliances, or medical goods for the treatment of a health condition, illness, injury, or disease related to a confirmed or suspected case of COVID‑19.

c. To provide care to any other individual who presents or otherwise seeks care at or from a health care facility or to a health care provider during the period of the COVID‑19 emergency declaration.

(9) Volunteer organization. – Any medical organization, company, or institution that has made its facility or facilities available to support the State's response and activities under the COVID‑19 emergency declaration and in accordance with any applicable COVID‑19 emergency rule.

"§ 90‑21.133. Immunity.

(a) Notwithstanding any law to the contrary, except as provided in subsection (b) of this section, any health care facility, health care provider, or entity that has legal responsibility for the acts or omissions of a health care provider shall have immunity from any civil liability for any harm or damages alleged to have been sustained as a result of an act or omission in the course of arranging for or providing health care services only if all of the following apply:

(1) The health care facility, health care provider, or entity is arranging for or providing health care services during the period of the COVID‑19 emergency declaration, including, but not limited to, the arrangement or provision of those services pursuant to a COVID‑19 emergency rule.

(2) The arrangement or provision of health care services is impacted, directly or indirectly:

a. By a health care facility, health care provider, or entity's decisions or activities in response to or as a result of the COVID‑19 epidemic; or

b. By the decisions or activities, in response to or as a result of the COVID‑19 epidemic, of a health care facility or entity where a health care provider provides health care services.

(3) The health care facility, health care provider, or entity is arranging for or providing health care services in good faith.

(b) The immunity from any civil liability provided in subsection (a) of this section shall not apply if the harm or damages were caused by an act or omission constituting gross negligence, reckless misconduct, or intentional infliction of harm by the health care facility or health care provider providing health care services; provided that the acts, omissions, or decisions resulting from a resource or staffing shortage shall not be considered to be gross negligence, reckless misconduct, or intentional infliction of harm.

(c) Notwithstanding any law to the contrary, a volunteer organization shall have immunity from any civil liability for any harm or damages occurring in or at its facility or facilities arising from the State's response and activities under the COVID‑19 emergency declaration and in accordance with any applicable COVID‑19 emergency rule, unless it is established that such harm or damages were caused by the gross negligence, reckless misconduct, or intentional infliction of harm by the volunteer organization.

"§ 90‑21.134. Severability.

This Article shall be liberally construed to effectuate its public health emergency purpose as outlined in G.S. 90‑121.131. The provisions of this Article are severable. If any part of this Article is declared to be invalid by a court, the invalidity does not affect other parts of this Article that can be given effect without the invalid provision."

SECTION IIID.7.(b) This section is effective when it becomes law and applies to acts or omissions occurring during the time of Executive Order No. 116 issued on March 10, 2020, by Governor Roy A. Cooper, and any subsequent time period during which a state of emergency is declared to be in effect during calendar year 2020 by the Governor in response to COVID‑19.

DISPENSE AND USE OF CONTROLLED SUBSTANCES TEMPORARILY AT ADDITIONAL PLACES OF BUSINESS

SECTION IIID.8.(a) Notwithstanding any provision of law to the contrary, for the duration of the COVID‑19 emergency, a hospital, nursing home, or clinic holding a valid State registration for controlled substances under Article 5 of Chapter 90 of the General Statutes may temporarily dispense or use controlled substances at additional places of business by completing the registration process developed by the Division of Mental Health, Developmental Disabilities and Substance Abuse Services of the North Carolina Department of Health and Human Services, and providing all information required pursuant to said emergency registration process for any overflow facility or satellite facility that may be established temporarily by the hospital, nursing home, or clinic registrant in response to the COVID‑19 emergency, and no registration fee shall be required in connection with any such emergency registration.

SECTION IIID.8.(b) This section is effective when it becomes law and expires 60 days after Executive Order No. 116 is rescinded, or December 31, 2020, whichever is earlier.

PRE‑PROCEDURE COVID‑19 TEST RESULT REPORTING

SECTION IIID.9.(a) All healthcare providers, as defined under G.S. 130A‑476(g), shall receive and report the results, both positive and negative, of any COVID‑19 diagnostic test or COVID‑19 antibody test performed on an individual prior to any nonemergency surgery or procedure to the Commission for Public Health (Commission) and to the Division of Public Health. The Department of Health and Human Services shall report pre‑procedure test result data on a county‑by‑county basis and update it daily on its Web site.

SECTION IIID.9.(b) This section is effective when it becomes law.

SUBPART III‑E. INCREASED FLEXIBILITY FOR THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO RESPOND TO COVID‑19

EXTENSION OF TIME FOR ESTABLISHING CONNECTIVITY TO THE STATE'S HEALTH INFORMATION EXCHANGE NETWORK KNOWN AS HEALTHCONNEX

SECTION IIIE.1.(a) G.S. 90‑414.4(a1)(2) reads as rewritten:

"(2) Except as provided in subdivisions (3), (4), and (5) of this subsection, all other providers of Medicaid and State‑funded health care services shall begin submitting demographic and clinical data by ~~June 1, 2020.~~October 1, 2021."

SECTION IIIE.1.(b) G.S. 90‑414(a2) reads as rewritten:

"(a2) Extensions of Time for Establishing Connection to the HIE Network. – The Department of Information Technology, in consultation with the Department of Health and Human Services and the State Health Plan for Teachers and State Employees, may establish a process to grant limited extensions of the time for providers and entities to connect to the HIE Network and begin submitting data as required by this section upon the request of a provider or entity that demonstrates an ongoing good‑faith effort to take necessary steps to establish such connection and begin data submission as required by this section. The process for granting an extension of time must include a presentation by the provider or entity to the Department of Information Technology, the Department of Health and Human Services, and the State Health Plan for Teachers and State Employees on the expected time line for connecting to the HIE Network and commencing data submission as required by this section. Neither the Department of Information Technology, the Department of Health and Human Services, nor the State Health Plan for Teachers and State Employees shall grant an extension of time (i) to any provider or entity that fails to provide this information to both Departments, and the State Health Plan for Teachers and State Employees, (ii) that would result in the provider or entity connecting to the HIE Network and commencing data submission as required by this section later than ~~June 1, 2020,~~ October 1, 2021, or (iii) that would result in any provider or entity specified in subdivisions (4) and (5) of subsection (a1) of this section connecting to the HIE Network and commencing data submission as required by this section later than June 1, 2022. The Department of Information Technology shall consult with the Department of Health and Human Services and the State Health Plan for Teachers and State Employees to review and decide upon a request for an extension of time under this section within 30 days after receiving a request for an extension."

SECTION IIIE.1.(c) This section is effective when it becomes law.

TEMPORARY WAIVER OF THREE‑YEAR FINGERPRINTING REQUIREMENT/CHILD CARE PROVIDERS/ADOPTIONS/FOSTER CARE

SECTION IIIE.2.(a) Notwithstanding G.S. 110‑90.2(b), the Department of Health and Human Services, Division of Child Development and Early Education, shall temporarily waive the requirement that current child care providers complete a fingerprint‑based criminal history check every three years.

SECTION IIIE.2.(b) In accordance with federal guidance, all available State and federal name‑based criminal background checks for prospective employees seeking employment in licensed child care shall be completed. Prospective employees will be issued a provisional qualification status. In situations where only State and federal name‑based checks were completed, fingerprint‑based criminal history checks shall be completed within 60 days of Executive Order No. 116 being rescinded, in compliance with State law and rules. If fingerprint‑based checks are not completed within 60 days of Executive Order No. 116 being rescinded, the prospective employee will be disqualified until a fingerprint‑based check is completed.

SECTION IIIE.2.(c) Notwithstanding any provision of law or rules to the contrary, the Department of Health and Human Services, Division of Social Services, shall temporarily waive any requirement to complete a fingerprint‑based criminal history check pertaining to adoptions, foster care, or child care institutions. However, in accordance with federal guidance, all available name‑based criminal background checks for prospective foster parents, adoptive parents, legal guardians, and adults working in child care institutions shall be completed, and, in situations where only name‑based checks were completed, fingerprint‑based criminal history checks shall be completed within 60 days of Executive Order No. 116 being rescinded, in compliance with State law and rules.

SECTION IIIE.2.(d) This section is effective when it becomes law and expires 60 days after Executive Order No. 116 is rescinded, or December 31, 2020, whichever is earlier.

PROVIDE MEDICAID COVERAGE FOR COVID‑19 TESTING TO UNINSURED INDIVIDUALS IN NORTH CAROLINA DURING THE NATIONWIDE PUBLIC HEALTH EMERGENCY

SECTION IIIE.3.(a) The Department of Health and Human Services, Division of Health Benefits (DHB), is authorized to provide the Medicaid coverage described in 42 U.S.C.A. § 1396a(a)(10)(A)(ii)(XXIII), which covers COVID‑19 testing for certain uninsured individuals during the period in which there is a declared nationwide public health emergency as a result of the 2019 novel coronavirus. DHB is authorized to provide this medical assistance retroactively to the earliest date allowable.

SECTION IIIE.3.(b) This section is effective when it becomes law.

TEMPORARY MEDICAID COVERAGE FOR THE PREVENTION, TESTING, AND TREATMENT OF COVID‑19

SECTION IIIE.4.(a) The Department of Health and Human Services, Division of Health Benefits (DHB), is authorized to provide temporary, targeted Medicaid coverage to individuals with incomes up to two hundred percent (200%) of the federal poverty level, as requested by the Secretary of the Department of Health and Human Services in the 1115 waiver application submitted to the Centers for Medicare and Medicaid Services (CMS) on March 27, 2020. If CMS grants approval for different coverage or a different population than requested in that 1115 waiver application, DHB may implement the approved temporary coverage, provided that all the following criteria are met:

(1) The coverage is only provided for a limited time period related to the declared nationwide public health emergency as a result of the 2019 novel coronavirus.

(2) The coverage is not provided for services other than services for the prevention, testing, or treatment of COVID‑19.

(3) The income level to qualify for the coverage does not exceed two hundred percent (200%) of the federal poverty level.

SECTION IIIE.4.(b) The Department of Health and Human Services, Division of Health Benefits, is authorized to provide this Medicaid coverage retroactively to the earliest date allowable.

SECTION IIIE.4.(c) This section is effective when it becomes law.

SUPPORT RECEIPT OF ENHANCED FEDERAL MEDICAID FUNDING

SECTION IIIE.5.(a) It is the intent of the General Assembly that North Carolina adhere to all federal requirements for obtaining enhanced federal Medicaid funding, as provided under the Families First Coronavirus Response Act (FFCRA), Public Law 116‑127, as amended, for the period required under the FFCRA and during which there is a declared nationwide public health emergency as a result of the 2019 novel coronavirus. Accordingly, the Department of Health and Human Services, Division of Health Benefits, shall adhere to and implement all federal law and regulation necessary for receipt of this enhanced federal Medicaid funding, notwithstanding any State law to the contrary. Further, federal law and regulation applicable to the North Carolina Medicaid program or NC Health Choice program shall supersede and preempt any State law or rule to the contrary during the period in which there is a declared nationwide public health emergency as a result of the 2019 novel coronavirus.

SECTION IIIE.5.(b) This section is effective when it becomes law.

DISABLED ADULT CHILD PASSALONG ELIGIBILITY/MEDICAID

SECTION IIIE.6.(a) Effective no later than June 1, 2020, the eligibility requirements for the Disabled Adult Child Passalong authorized under section 1634 of the Social Security Act for the Medicaid program shall consist of only the following four requirements:

(1) The adult is currently entitled to and receives federal Retirement, Survivors, and Disability Insurance (RSDI) benefits as a disabled adult child on a parent's record due to the retirement, death, or disability of a parent.

(2) The adult is blind or has a disability that began before age 22.

(3) The adult would currently be eligible for Supplemental Security Income (SSI) or State‑County Special Assistance if the current RSDI benefit is disregarded.

(4) For eligibility that is based on former receipt of State‑County Special Assistance and not SSI, the adult must currently reside in an adult care home.

SECTION IIIE.6.(b) This section is effective when it becomes law.

MODIFICATION OF FACILITY INSPECTIONS AND TRAINING TO ADDRESS INFECTION CONTROL MEASURES FOR COVID‑19

SECTION IIIE.7.(a) Notwithstanding any provision of Article 2 of Chapter 122C, Articles 1 and 3 of Chapter 131D, and Chapter 131E of the General Statutes, or any other provision of law to the contrary, the Department of Health and Human Services, Division of Health Service Regulation, and as applicable, local departments of social services, shall suspend all annual and biennial inspections and regular monitoring requirements for licensed facilities under Article 2 of Chapter 122C of the General Statutes, and Articles 1 and 3 of Chapter 131D of the General Statutes, and Articles 5, 6, and 10 of Chapter 131E of the General Statutes, and provisions within any rules adopted under these chapters that pertain to the Department or DHSR monitoring, inspection, or investigative requirements, except (i) as DHSR deems necessary to avoid serious injury, harm, impairment, or death to employees, residents, or patients of these facilities or (ii) as directed by the Centers for Medicare and Medicaid Services.

SECTION IIIE.7.(b) DHSR shall review the compliance history of all facilities licensed under Article 2 of Chapter 122C of the General Statutes and Article 1 of Chapter 131D of the General Statutes that were determined to be in violation, assessed penalties, or placed on probation within the six‑month period preceding the beginning of the COVID‑19 emergency, for noncompliance with rules or statutes or Centers for Disease Control and Prevention guidelines regarding infection control or the proper use of personal protective equipment. DHSR shall require employees of these facilities to undergo immediate training designated by DHSR about infection control and the proper use of personal protective equipment. The training required by this section may be conducted online, by video conference, or in such manner as DHSR determines appropriate under the circumstances.

SECTION IIIE.7.(c) This section is effective when it becomes law and expires 60 days after Executive Order No. 116 is rescinded, or December 31, 2020, whichever is earlier.

ALLOW TEMPORARY WAIVER OF 72‑HOUR PRE‑SERVICE TRAINING REQUIREMENT/CHILD WELFARE STAFF

SECTION IIIE.8.(a) Notwithstanding G.S. 131D‑10.6A(b)(1), the Department of Health and Human Services, Division of Social Services, is authorized to temporarily waive the 72‑hour requirement of preservice training before child welfare services staff assumes direct client contact responsibilities. The Division is authorized to identify and use web‑based training as an acceptable equivalent in meeting preservice training requirements.

SECTION IIIE.8.(b) This section is effective when it becomes law and expires 60 days after Executive Order No. 116 is rescinded, or December 31, 2020, whichever is earlier.

SUBPART III‑F. INCREASED ACCESS TO HEALTH CARE THROUGH TELEHEALTH TO RESPOND TO COVID‑19

EXPANDED USE OF TELEHEALTH TO CONDUCT FIRST AND SECOND INVOLUNTARY COMMITMENT EXAMINATIONS DURING THE COVID‑19 EMERGENCY

SECTION IIIF.1.(a) The following words have the following meanings in this section:

(1) Commitment examiner. – As defined in G.S. 122C‑3.

(2) Telehealth. – The use of two‑way, real‑time interactive audio and video where the respondent and commitment examiner can hear and see each other.

(3) Qualified professional. – As defined in G.S. 122C‑3.

SECTION IIIF.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 to determine whether the respondent will be involuntarily committed due to mental illness or 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 IIIF.1.(c) Notwithstanding any provision of Chapter 122C of the General Statutes or any other provision of law to the contrary, the second examination of a respondent required by G.S. 122C‑266(a) to determine whether the respondent will be involuntarily committed due to mental illness or required by G.S. 122C‑285(a) to determine if the respondent will be involuntarily committed due to substance use disorder may be conducted either in the physical face‑to‑face presence of a physician or utilizing telehealth equipment and procedures, provided that the following conditions are met:

(1) In the case of involuntary commitment due to mental illness, the physician who examines the respondent by means of telehealth must be satisfied to a reasonable medical certainty that the determinations made in accordance with subdivisions (a)(1) through (a)(3) of G.S. 122C‑266 would not be different if the examination had been done in the physical presence of the examining physician. An examining physician 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 physician.

(2) In the case of involuntary commitment due to substance use disorder, the physician who examines the respondent by means of telehealth must be satisfied to a reasonable medical certainty that the determinations made in accordance with G.S. 122C‑285(a) would not be different if the examination had been done in the physical presence of the commitment examiner. An examining physician 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 qualified professional, as defined in G.S. 122C‑3; provided that, if the initial commitment examination was performed by a qualified professional, then this face‑to‑face examination shall be in the presence of a physician.

SECTION IIIF.1.(d) This section is effective when it becomes law and expires 60 days after Executive Order No. 116 is rescinded, or December 31, 2020, whichever is earlier.

HEALTH BENEFIT PLAN COVERAGE OF TELEHEALTH

SECTION IIIF.2.(a) Article 50 of Chapter 58 of the General Statutes is amended by adding a new section to read:

"§ 58‑50‑310. Telehealth during the COVID‑19 emergency.

(a) For the purposes of this section, the following definitions shall apply:

(1) Health benefit plan. – As defined in G.S. 58‑3‑167.

(2) Telehealth. – The delivery of health care, including mental and behavioral health care, through real‑time, two‑way audio/visual delivery.

(3) Virtual health care. – The delivery of health care, including mental and behavioral health care, through audio‑only delivery or electronic‑only delivery, both synchronous and asynchronous. This term shall include health care delivered over the telephone and electronic patient visits, including health care delivered through an electronic provider portal or electronic patient portal.

(b) This section shall apply to the following time periods:

(1) March 10, 2020, through the date Executive Order No. 116, Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID‑19, expires or is rescinded.

(2) The period of any subsequent state of emergency declared in the 2020 calendar year by the Governor of North Carolina in response to COVID‑19 through 30 days after that subsequent state of emergency expires or is rescinded.

(1) Health benefit plans shall provide coverage and reimbursement for virtual health care, including mental and behavioral health care.

(2) Health benefit plans shall provide reimbursement for provider‑to‑provider consultations that are conducted using virtual health care if the health benefit plan would provide reimbursement for the consult had it taken place in‑person, face‑to‑face.

(3) No health benefit plan may require prior authorization for telehealth services or virtual health care services.

(4) No health benefit plan may put limits on the originating site or the distant site for telehealth services or virtual health care services.

(5) Health benefit plans shall cover and reimburse physical therapy, occupational therapy, and speech therapy when delivered through telehealth.

(6) A health benefit plan may require a deductible, a co‑payment, or coinsurance for a covered health care service delivered by telehealth by a preferred or contracted provider to a covered individual. The amount of the deductible, co‑payment, or coinsurance may not exceed the amount of the deductible, co‑payment, or coinsurance required had the covered health care service been provided in‑person, face‑to‑face.

(7) A health benefit plan shall reimburse providers for a covered health care service delivered by telehealth at a level no less than the reimbursement for that service had it been provided in‑person, face‑to‑face."

SECTION IIIF.2.(b) Effective when this section becomes law, the provisions of G.S. 58‑50‑310, as enacted under subsection (a) of this section, shall apply to the State Health Plan for Teachers and State Employees.

SECTION IIIF.2.(c) This section is effective when it becomes law and expires December 31, 2020.

INCREASED ACCESS TO TELEHEALTH UNDER THE MEDICARE PROGRAM

SECTION IIIF.3. The General Assembly urges the federal Centers for Medicaid and Medicare Services to provide reimbursement for health care delivered through audio‑only communication, such as over the telephone, under the Medicare program in order to reduce barriers and increase access to health care for older adults.

PART IV. APPROPRIATIONS

SUBPart iV‑A. general provisions

DEFINITIONS

SECTION IVA.1. Definitions. – The following definitions apply in this Part:

(1) Coronavirus Relief Fund. – Funds received by the State of North Carolina during the 2019‑2020 fiscal year from the Coronavirus Relief Fund created by the Coronavirus Aid, Relief, and Economic Security Act of 2020, P.L. 116‑136.

(2) CDC. – The federal Centers for Disease Control.

(3) Coronavirus or COVID‑19. – Has the same meaning as defined in section 506 of the federal Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, Public Law No. 116‑123.

(4) COVID‑19 diagnostic test. – A test the federal Food and Drug Administration has authorized for emergency use or approved to detect the presence of the severe acute respiratory syndrome coronavirus 2.

(5) COVID‑19 emergency. – The period beginning March 10, 2020, and ending on the date the Governor signs an executive order rescinding Executive Order No. 116 (2020), Declaration of a State of Emergency to Coordinate Response and Protective Actions to Prevent the Spread of COVID‑19.

(6) COVID‑19 Recovery Legislation. – The following legislation enacted by Congress:

a. The Coronavirus Aid, Relief, and Economic Security (CARES) Act, P.L. 116‑136.

b. The Families First Coronavirus Response Act, P.L. 116‑127.

c. The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020, P.L. 116‑123.

d. The Paycheck Protection Program and Health Care Enhancement Act, P.L. 116‑139.

(7) COVID‑19 antibody test. – A serological blood test the federal Food and Drug Administration has authorized for emergency use or approved to measure the amount of antibodies or proteins present in the blood when the body is responding to an infection caused by the severe acute respiratory syndrome coronavirus 2.

(8) State agency. – As defined by G.S. 143C‑1‑1(24), except that the term includes a unit of local government or a public authority.

FINDINGS AND PURPOSE

SECTION IVA.2. On March 19, 2020, the Speaker of the House of Representatives empaneled the House Select Committee on COVID‑19 (Select Committee). The primary purpose of the Select Committee and each of its constituent working groups was to facilitate a bipartisan and immediately productive response to the COVID‑19 outbreak in North Carolina. The four working groups were as follows: Economic Support, Health Care, Education, and Continuity of State Operations. Each working group held numerous public meetings online, received voluminous public comments, and heard testimony from various executive branch officials and others regarding the State of Emergency declared by the Governor on March 10, 2020, in Executive Order Number 116. The purpose of this Part is to carryout legislative proposals generated by the Select Committees and to appropriate federal funding under the COVID‑19 Recovery Legislation.

REQUIREMENT TO MAXIMIZE USE OF FEDERAL FUNDS

SECTION IVA.3. The appropriations and allocations made in this Part are for maximum amounts necessary to implement this Part. State agencies shall maximize the use of federal funds made available in this Part to address wherever possible within the allowable uses prior to using State funds.

CONFLICT WITH FEDERAL LAW

SECTION IVA.4. If an allocation made under this Part is found to be disallowed by federal law, the disallowed allocation is repealed, and the Office of State Budget and Management (OSBM) shall transfer the amount of the disallowed allocation to the Coronavirus Relief Reserve established in Section IVB.1 of this act. Amounts transferred into the Coronavirus Relief Reserve pursuant to this section are receipts that do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.

GENERAL GUIDANCE ON USE OF FUNDS

SECTION IVA.5. The OSBM shall work with the recipient State agencies to budget receipts awarded pursuant to COVID‑19 Recovery Legislation according to the program needs and within the parameters of the respective granting entities and applicable federal laws and regulations. State agencies shall not use funds received pursuant to COVID‑19 Recovery Legislation for recurring purposes. Depending on the nature of the award, additional State personnel may be employed on a temporary or time‑limited basis.

REQUIRED REPORT ON USE OF FUNDS

SECTION IVA.6. In addition to any report required under this Part or any other law, OSBM shall provide a report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division by March 1, 2021, detailing the use of funds allocated under Section IVC.3 of this act. Additionally, each State agency or department that receives federal grant funds under this Part shall provide a report to the Joint Legislative Commission on Governmental Operations and the Fiscal Research Division no later than 90 days from the day the grant period ends detailing the use of funds. The report required from OSBM under this section shall include the amount of funds allocated to each State agency, State department, and nonprofit organization, how the funds were used by each State agency, State department, and nonprofit organization, and the amount of funds allocated to each State agency, State department, and nonprofit organization that remained unspent as of December 30, 2020. The report required from each State agency or department that receives federal grant funds under this Part shall include the amount of funds granted, the source of the funds, how the funds were used, and the amount of funds that remained unspent at the end of the grant period.

AUDIT REQUIREMENT

SECTION IVA.7. The State Auditor shall conduct a preliminary financial audit and a final performance audit of the Coronavirus Relief Fund created by this Part no later than March 1, 2021.

DEPARTMENTAL RECEIPTS

SECTION IVA.8. Departmental receipts, as defined in G.S. 143C‑1‑1, are appropriated for the 2019‑2020 fiscal year and the 2020‑2021 fiscal year up to the amounts needed to implement the provisions in this Part for the corresponding fiscal year.

SUBpart iV‑B. covid‑19 relief reserves and funds established

CORONAVIRUS RELIEF RESERVE

SECTION IVB.1. The State Controller shall establish a Coronavirus Relief Reserve (Reserve) in the General Fund to maintain federal funds received from the Coronavirus Relief Fund created under the CARES Act, P.L. 116‑136, to mitigate the impact of the COVID‑19 outbreak in North Carolina. The State Controller shall transfer funds to the Coronavirus Relief Fund established in Section IVB.2 of this Part only as needed to meet the appropriations set out in this Part and only upon request of the Director of the Budget. Funds reserved in the Reserve do not constitute an "appropriation made by law," as that phrase is used in Section 7(1) of Article V of the North Carolina Constitution.

CORONAVIRUS RELIEF FUND

SECTION IVB.2. The Coronavirus Relief Fund (Fund) is established. The purpose of the Fund is to provide necessary and appropriate relief and assistance from the effects of COVID‑19, consistent with the provisions of this Part and subsequent legislation addressing the effects of COVID‑19. The Fund shall be maintained as a special fund and administered by OSBM to carry out the provisions of this and subsequent acts necessitated as a result of the COVID‑19 outbreak. All funds allocated from the Fund must be used for necessary expenditures incurred due to the public health emergency with respect to the COVID‑19 outbreak. Only expenditures incurred during the period that begins on March 1, 2020, and ends on December 30, 2020, are eligible for funding from this Fund.

SUBpart iV‑C. transfer, appropriations, and allocations

TRANSFER OF FUNDS FROM RELIEF RESERVE TO RELIEF FUND

SECTION IVC.1. Transfer of Funds from Relief Reserve to Relief Fund. – The State Controller shall transfer the sum of one billion six hundred thirty‑five million five hundred sixty‑seven thousand twenty‑nine dollars ($1,635,567,029) for the 2019‑2020 fiscal year from the Reserve established in Section IVB.1 of this Part to the Fund established in Section IVB.2 of this act.

APPROPRIATION OF FUNDS FROM RELIEF FUND TO OSBM

SECTION IVC.2. Appropriation of Funds from Relief Fund to OSBM. – There is appropriated from the Fund to OSBM the sum of one billion six hundred thirty‑five million five hundred sixty‑seven thousand twenty‑nine dollars ($1,635,567,029) in nonrecurring funds for the 2019‑2020 fiscal year to be allocated and used as provided in Section IVC.3 of this act. The funds appropriated in this section shall not revert at the end of the 2019‑2020 fiscal year, but shall remain available to expend until December 30, 2020.

ALLOCATION OF FUNDS APPROPRIATED TO OSBM

SECTION IVC.3. Allocations of Funds. – OSBM shall allocate the funds appropriated in Section IVC.2 of this Part as follows:

(1) $80,000,000 to the Department of Public Instruction for school nutrition services provided in response to COVID‑19 by public school units participating in the National School Lunch Program or School Breakfast Program from March 16, 2020, through the end of the 2019‑2020 school year. Funds for these services shall be allocated in the same manner as if the participating public school units were reimbursed by school meal receipts or federal funds.

(2) $299,000 to the Department of Public Instruction to work with the Friday Institute for Educational Innovation at North Carolina State University, in response to COVID‑19, to develop and test different approaches of (i) reducing long‑term disparities in Internet connectivity among students and (ii) improving students' digital development.

(3) $1,348,500 to the Department of Public Instruction to improve Internet connectivity for students, in response to COVID‑19, by installing Internet access points in school buses.

(4) $21,200,000 to the Department of Public Instruction to improve Internet connectivity for students, in response to COVID‑19, by providing community and home mobile Internet access points.

(5) $35,000,000 to the Department of Public Instruction to be allocated to local school administrative units, charter schools, regional schools, and other elementary or secondary schools operated by the State Board of Education to purchase computers or other electronic devices for use by students in response to COVID‑19.

(6) $7,420,000 to the Department of Public Instruction to be allocated to local school administrative units, charter schools, regional schools, and other elementary or secondary schools operated by the State Board of Education to purchase computers or other electronic devices for use by school personnel in response to COVID‑19.

(7) $4,900,000 to the Department of Public Instruction to purchase pre‑packaged digital curricula for grades kindergarten through twelve in response to COVID‑19.

(8) $5,550,000 to the Department of Public Instruction, in response to COVID‑19, to (i) establish a statewide shared cybersecurity infrastructure to protect school business systems and minimize instructional disruption and (ii) for district cybersecurity monitoring and support through the School Connectivity Initiative.

(9) $35,000,000 to the Department of Public Instruction to be allocated in a manner consistent with the formula for the Instructional Support Allotment. These funds shall be used for school health support personnel to provide additional physical and mental health support services for students in response to COVID‑19, including remote and in‑person physical and mental health support services. For purposes of this subdivision, the term "school health support personnel" shall refer to school counselors, school nurses, school psychologists, and school social workers.

(10) $70,000,000 to the Department of Public Instruction to be allocated to local school administrative units, charter schools, and the Innovative School District to provide a supplemental summer learning program for students whose learning has been negatively affected by the impacts of COVID‑19, in accordance with the following:

a. The summer learning program shall include the following:

1. Reading interventions for students who were in kindergarten through grade three during the 2019‑2020 school year who were not on track to meet 2019‑2020 year‑end expectations based on diagnostic assessments completed prior to March 16, 2020.

2. Reading interventions for students who were in grade four during the 2019‑2020 school year who were not on track to meet 2019‑2020 year‑end expectations as identified by their 2019‑2020 school year reading teachers.

3. Math interventions for students who were in kindergarten through grade four during the 2019‑2020 school year who were not on track to meet 2019‑2020 year‑end expectations as identified by their 2019‑2020 school year math teachers.

b. Of the funds appropriated by this subdivision for summer reading programs, at least thirty‑five million dollars ($35,000,000) shall be used to provide reading interventions for students who were in grades two and three during the 2019‑2020 school year. Of these funds, any unexpended funds at the conclusion of the summer learning program shall be used prior to August 17, 2020, to provide supplemental literacy support for students in grades three and four during the 2020‑2021 school year who are not on track to meet 2020‑2021 year‑end expectations, as identified by their 2020‑2021 school year reading teachers.

c. Any unexpended funds for (i) reading interventions for students in kindergarten, grade one, or grade four during the 2019‑2020 school year and (ii) math interventions for students in kindergarten through grade four during the 2019‑2020 school year shall be used prior to August 17, 2020, to provide supplemental literacy or math support, as appropriate, to students in grades one through five during the 2020‑2021 school year who are not on track to meet 2020‑2021 year‑end expectations as identified by their respective 2020‑2021 school year reading or math teachers.

d. Funds provided for summer learning programs may be used to deliver interventions and instruction to participating students using methods such as digital resources, printed materials, literacy coaches, and face‑to‑face instruction.

The governing body of a public school unit receiving funds under this subdivision shall consult with 2019‑2020 school year teachers of kindergarten through fourth grade students to develop summer learning program plans that deliver targeted instruction to students participating in the summer learning program. Each public school unit's plan shall comply with the requirements of any executive order in effect at the time of the summer learning program, including requirements on the use of public school buildings, and shall comply with social distancing and other public health guidelines provided by the Department of Health and Human Services. No later than June 22, 2020, local school administrative units and the Innovative School District shall submit their summer learning program plans to the Department of Public Instruction. Summer learning programs shall not be included in scheduled instructional time for the 2020‑2021 school year calendar, but shall provide a supplement to that instruction in order to better prepare students for academic success during the 2020‑2021 school year, despite the impacts of COVID‑19. Each public school unit receiving funds under this subdivision is encouraged to identify or prepare resources and strategies that parents or guardians can provide at home for students who qualify for a summer learning program and who (i) do not attend or (ii) attend and would like additional material. No later than February 15, 2021, the State Board of Education shall report to the Joint Legislative Education Oversight Committee on the implementation of this subdivision and the use of funds for summer learning programs. The State Board shall submit with its report a copy of each summer learning program plan submitted, and shall include any other data deemed by the State Board to be useful to the Joint Legislative Education Oversight Committee in evaluating the delivery of summer learning programs.

(11) $1,488,000 to the Department of Public Instruction to assist and support public school units in providing remote instruction in response to the impacts of COVID‑19 by expanding the learning management platform provided by the Department of Public Instruction to local school administrative units, charter schools, regional schools, the Innovative School District, and any other public school units, in the discretion of the Department.

(12) $5,000,000 to the Department of Public Instruction to provide nondigital remote instruction resources to students with limited connectivity, in order to continue learning growth during the school closure period related to COVID‑19.

(13) $17,900,000 to the Department of Public Instruction to provide Extended School Year Services or future services, as appropriate, to exceptional children who qualify for these services due to the impacts of COVID‑19.

(14) $621,000 to the Department of Public Instruction for the Governor Morehead School for the Blind, Eastern North Carolina School for the Deaf, and North Carolina School for the Deaf for school nutrition, cleaning and sanitizing, digital and nondigital remote learning resources, compensatory services, and Extended School Year Services related to the impacts of COVID‑19.

(15) $6,000,000 to the Department of Public Instruction for the Extended Learning and Integrated Student Supports Competitive Grant Program (Program) for the 2019‑2020 and 2020‑2021 fiscal years. Of these funds, the Department of Public Instruction may use up to two hundred thousand dollars ($200,000) to administer the Program. The purpose of the Program is to fund high‑quality, independently validated extended learning and integrated student support service programs for at‑risk students whose learning has been negatively affected by COVID‑19 impacts. The programs funded shall raise standards for student academic outcomes by focusing on the following:

a. Use of an evidence‑based model with a proven track record of success.

b. Inclusion of rigorous, quantitative performance measures to confirm effectiveness of the program.

c. Deployment of multiple tiered supports in schools to address student barriers to achievement, such as strategies to improve chronic absenteeism, antisocial behaviors, academic growth, and enhancement of parent and family engagement.

d. Alignment with State performance measures, student academic goals, and the North Carolina Standard Course of Study.

e. Prioritization in programs to integrate clear academic content, in particular, science, technology, engineering, and mathematics (STEM) learning opportunities or reading development and proficiency instruction.

f. Minimization of student class size when providing instruction or instructional supports and interventions.

g. Expansion of student access to high‑quality learning activities and academic support that strengthen student engagement and leverage community‑based resources, which may include organizations that provide mentoring services and private‑sector employer involvement.

h. Utilization of digital content to expand learning time, when appropriate.

Grants shall be used to award funds for new or existing eligible programs for at‑risk students operated by (i) nonprofit corporations and (ii) nonprofit corporations working in collaboration with local school administrative units. Grant participants are eligible to receive grants in an amount of up to five hundred thousand dollars ($500,000) each year. Programs should focus on serving (i) at‑risk students not performing at grade level as demonstrated by statewide assessments or not on‑track to meet year‑end expectations as of March 16, 2020 as demonstrated by existing indicators including teacher identification, (ii) students at risk of dropout, and (iii) students at risk of school displacement due to suspension or expulsion as a result of antisocial behaviors. Priority consideration shall be given to applications demonstrating models that focus services and programs in schools that are identified as low‑performing, pursuant to G.S. 115C‑105.37. A grant participant shall provide certification to the Department of Public Instruction that the grants received under the program shall be matched on the basis of three dollars ($3.00) in grant funds for every one dollar ($1.00) in nongrant funds. Matching funds shall not include State funds. The Department shall also give priority consideration to an applicant that is a nonprofit corporation working in partnership with a local school administrative unit resulting in a match utilizing federal funds under Part A of Title I of the Elementary and Secondary Education Act of 1965, as amended, or Title IV of the Higher Education Act of 1965, as amended, and other federal or local funds. Matching funds may include in‑kind contributions for up to fifty percent (50%) of the required match. A nonprofit corporation may act as its own fiscal agent for the purposes of this Program. Grant recipients shall report to the Department of Public Instruction for the year in which grant funds were expended on the progress of the Program, including alignment with State academic standards, data collection for reporting student progress, the source and amount of matching funds, and other measures. Grant recipients shall also submit a final report on key performance data, including statewide test results, attendance rates, graduation rates, and promotion rates, and financial sustainability of the program. The Department of Public Instruction shall provide a report on the Program to the Joint Legislative Education Oversight Committee by February 15, 2021. The report shall include the results of the Program and recommendations regarding effective program models, standards, and performance measures based on student performance, leveraging of community‑based resources to expand student access to learning activities, academic and behavioral support services, and potential opportunities for the State to invest in proven models for future grants programs.

(16) $25,000,000 to the Community Colleges System Office to be used by the System Office and to be allocated to community college campuses for the following purposes to effectively respond to COVID‑19 impacts: (i) to enhance online learning capacity and cover increased costs associated with moving to online education for students, (ii) to cover necessary eligible expenses for resources and supports for faculty and staff, (iii) to provide Small Business Center counselors for small business needs, (iv) to cover expenses for expanded demands on information technology, including devices for campuses in rural areas, and (v) to provide facility sanitation and other necessary eligible expenses for services for ongoing campus operations.

(17) $48,690,529 to the Board of Governors of The University of North Carolina to be allocated to constituent institutions for the following purposes to effectively respond to COVID‑19 impacts: (i) to cover increased costs related to moving coursework and exams online, (ii) to implement a digital learning accelerator, (iii) to provide for facility sanitation prior to reopening campuses and during the operation of campuses and for other necessary eligible expenses for services for ongoing campus operations, and (iv) to cover necessary eligible expenses for assistance to students and employees, including counseling services and information technology support.

(18) $30,000,000 to the Board of Governors of The University of North Carolina to be allocated to the State Education Assistance Authority (Authority) for the Authority to provide funds to each eligible private postsecondary institution, as defined in G.S. 116‑280(3), by apportioning an amount equal to the following:

a. Seventy‑five percent (75%) of the institution's relative share of full‑time equivalent students who were enrolled as of March 13, 2020, who received scholarships pursuant to Article 34 of Chapter 116 of the General Statutes for the spring semester of the 2019‑2020 academic year.

b. Twenty‑five percent (25%) of the institution's relative share of full‑time equivalent students who were enrolled as of March 13, 2020, who had not received scholarships pursuant to Article 34 of Chapter 116 of the General Statutes for the spring semester of the 2019‑2020 academic year.

These funds shall be used to transition to online education for students, for necessary eligible institutional expenditures related to COVID‑19, and to provide funds for students and families impacted by COVID‑19. An eligible postsecondary institution receiving funds pursuant to this subdivision shall not use these funds for purposes other than for actions taken to respond to COVID‑19 in accordance with the provisions of this Part and in compliance with federal law requirements.

(19) $110,000,000 to OSBM to establish the COVID‑19 Response Research Fund. OSBM shall allocate the monies from the fund as follows:

a. $100,000,000 shall be allocated to the North Carolina Policy Collaboratory (Collaboratory) at the University of North Carolina at Chapel Hill to coordinate efforts among entities being provided funds pursuant to this subdivision. The Collaboratory shall facilitate best practices and strategies for those entities to maximize resources and achieve a comprehensive response to COVID‑19. The Collaboratory may assemble an advisory panel of representatives from entities receiving funds pursuant to this subdivision as necessary to discuss, review, and analyze progress towards meeting the goals for the use of the funds. Funds shall be provided to the following entities to be used for (i) the rapid development of a countermeasure of neutralizing antibodies and other strategies for COVID‑19 that can be used as soon as possible to both prevent infection, and for those infected, treat infection, (ii) bringing a safe and effective COVID‑19 vaccine to the public as soon as possible, (iii) community testing initiatives, and (iv) other research related to COVID‑19:

1. $25,000,000 shall be allocated to the Duke University Human Vaccine Institute (DHVI) of the Duke University School of Medicine.

2. $25,000,000 shall be allocated to the Gillings School of Global Public Health at the University of North Carolina at Chapel Hill.

3. $25,000,000 shall be allocated to the Brody School of Medicine at East Carolina University.

4. $25,000,000 shall be allocated to the Wake Forest School of Medicine.

b. $10,000,000 shall be allocated to the Campbell University School of Osteopathic Medicine for a community and rural‑focused primary care workforce response to COVID‑19, including, but not limited to, (i) supporting community testing initiatives, (ii) providing treatment in community‑based health care settings, (iii) monitoring rural populations, (iv) educating health professionals on best practices for a pandemic response, and (v) supporting rural communities through primary care.

By September 1, 2020, the Collaboratory, DHVI, Gillings School of Global Public Health, Brody School of Medicine, and Wake Forest School of Medicine shall submit a report to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Joint Legislative Oversight Committee on Health and Human Services on all of the following:

a. Progress on the development of a countermeasure, other strategies, and a vaccine for COVID‑19.

b. Findings from the community testing initiatives.

c. Other research related to COVID‑19.

d. A breakdown of all expenditures from the appropriated funds received under this subdivision.

e. The source and amount of all other funds received for the purposes described in this subdivision.

By September 1, 2020, Campbell University School of Osteopathic Medicine shall report to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Joint Legislative Oversight Committee on Health and Human Services on all of the following:

a. Findings from the supported community testing initiatives.

b. A description of the education provided to health professionals.

c. Best practices for treating rural populations and supporting community‑based hospitals during a pandemic.

d. A breakdown of all expenditures from the appropriated funds received under this subdivision.

e. The source and amount of all other funds received for the purposes described in this subdivision.

(20) $25,000,000 to the Department of Health and Human Services to support public health efforts, the State Laboratory of Public Health, local health departments, and rural health providers in building capacity to respond to the COVID‑19 pandemic.

(21) $25,000,000 to the Department of Health and Human Services to provide funds to support behavioral health and crisis services to respond to the COVID‑19 pandemic. These funds shall be used for at least all of the following purposes:

a. To divert individuals experiencing behavioral health emergencies from emergency departments.

b. To allocate $12,600,000 to be distributed as a one‑time payment to each local management entity/managed care organization (LME/MCO) for the purposes of providing temporary additional funding assistance for Intermediate Care Facilities for Individuals with Intellectual Disabilities (ICF/IID) services on a per diem basis.

c. To allocate $400,000 in nonrecurring funds to the Department of Health and Human Services, Division of Mental Health, Developmental Disabilities, and Substance Abuse Services, for the purchase of units of opioid antagonist, as defined in G.S. 90‑12.7 of the General Statutes, to be distributed free of charge, as provided in Section IVF.1 of this act, to opioid treatment programs operating in this State for the purpose of preventing the overburdening of the State's health care system, hospital emergency departments, and intensive care units with patients addicted to opioids or experiencing opioid overdose during the COVID‑19 emergency, and to mitigate the loss of life associated with opioid overdose in this State during the COVID‑19 emergency.

(22) $40,000,000 to the Department of Health and Human Services, Division of Health Benefits, for coverage of additional costs related to the Medicaid program, including any of the following costs:

a. Funding for the support of COVID‑19 related priorities in the Medicaid program as they evolve, including additional provider support for long‑term care, primary care, and other providers most at risk of insolvency as a result of severely disrupted revenue during the COVID‑19 pandemic.

b. Additional funding for COVID‑19 testing and the treatment of patients who test positive for COVID‑19.

c. Costs associated with increased enrollment due to the COVID‑19 pandemic.

(23) $50,000,000 to OSBM for allocation to the Department of Health and Human Services and the Division of Emergency Management within the Department of Public Safety for the following purposes:

a. To purchase personal protective equipment that meets CDC guidelines for infection control. As used in this section, personal protective equipment includes gloves, gowns and aprons, surgical and respiratory masks, goggles, face shields, and other protective clothing that meet CDC guidelines for infection control.

b. To purchase other supplies and equipment related to emergency protective measures to address immediate threats to life, public health, and safety related to COVID‑19, such as ventilators, touch‑free thermometers, disinfectant, and sanitizing wipes.

Any supplies and equipment purchased with funds allocated in this subdivision may be made available to both public and private health care providers and other entities the Department of Health and Human Services or the Division of Emergency Management deem essential to the State's response to COVID‑19. The Department of Health and Human Services and the Division of Emergency Management shall ensure that funds appropriated in this subdivision are expended in a manner that does not adversely affect any person's or entity's eligibility for federal funds that are made available, or that are anticipated to be made available, as a result of the COVID‑19 pandemic. The Department of Health and Human Services and the Division of Emergency Management shall also, to the extent practicable, avoid using State funds to cover costs that will be, or likely will be, covered by federal funds.

(24) $25,000,000 to the Department of Health and Human Services to expand public and private initiatives for COVID‑19 testing, contact tracing, and trends tracking and analysis through, but not limited to, all of the following ways:

a. Building capacity for widespread COVID‑19 diagnostic testing to enable rapid case‑based interventions.

b. Building capacity for widespread COVID‑19 antibody testing to enable rapid deployment when such testing becomes available.

c. Expanding contact tracing workforce and infrastructure to routinely identify potentially exposed persons and take appropriate public health actions.

d. Increasing research and data tools and analysis infrastructure to support better predictive models, surveillance and response strategies.

(25) $25,000,000 to the Department of Health and Human Services to provide funding for (i) adult and child protective services response, (ii) support for homeless and domestic violence shelters and housing security, including prevention, diversion, and rapid re‑housing assistance, (iii) child care response, and (iv) technology modifications to support COVID‑19 emergency relief beneficiaries.

a. From funds received pursuant to this subdivision, the sum of $6,000,000 is allocated equally among each of the six food banks in this State in support of responses to the COVID‑19 emergency.

b. From funds received pursuant to this subdivision, the sum of $2,500,000 is allocated to Reinvestment Partners, a nonprofit organization, for its Produce Prescription Program, which provides a monthly forty‑dollar ($40.00) per household benefit for each eligible Food and Nutrition Services recipient enrolled by the recipient's health care provider, to serve individuals impacted by the COVID‑19 emergency. Individuals receiving assistance pursuant to this sub‑subdivision are limited to three months of food assistance.

c. Subparagraph b. of this subdivision is effective when it becomes law and expires three months from the date this section becomes effective. The remainder of this subdivision is effective when it becomes law.

(26) $2,250,000 to the Department of Health and Human Services, Division of Social Services, to assist in serving children in foster care during the COVID‑19 emergency. These funds shall be used for monthly supplemental payments in the amount of one hundred dollars ($100.00) for each child receiving foster care assistance payments for the months of April 2020 through June 2020.

(27) $25,000,000 to the Department of Health and Human Services, Division of Social Services, for facilities licensed to accept State‑County Special Assistance. These funds shall be used to provide a one‑time payment to these facilities to offset the increased costs of serving residents during the COVID‑19 emergency. Each eligible facility shall receive an amount equal to one thousand three hundred twenty‑five dollars ($1,325) for each resident of the facility who is a recipient of State‑County Special Assistance between March 10, 2020, through July 30, 2020. In the case of a recipient who transfers from one facility to another during this time period, only the first eligible facility of residence will receive the payment authorized under this section. Nothing in this section shall be construed as an obligation by the General Assembly to appropriate funds for the purpose of this section, or as an entitlement by any facility, resident of a facility, or other person to receive financial assistance under this section. The following definitions apply in this section:

a. Facility licensed to accept State‑County Special Assistance payments. – Any residential care facility that is (i) licensed by the Department of Health and Human Services and (ii) authorized to accept State‑County Special Assistance payments from its residents.

b. State‑County Special Assistance. – The program authorized by G.S. 108A‑40.

(28) $25,000,000 to the Department of Health and Human Services to provide funds to support rural and underserved communities especially hard hit by the COVID–19 pandemic, which may include directed grants to health care providers other than rural hospitals; targeted Medicaid assistance for rural providers; enhanced telehealth services; transportation for critical services; health care security for the uninsured; and other related purposes. These funds may be used to fund items not addressed by federal relief funds or as needed to address critical health care needs until federal funds are received for such purposes.

(29) $75,000,000 to the OSBM to provide a directed grant to the North Carolina Healthcare Foundation (NCHF), a nonprofit corporation. NCHF shall use these funds to award grants to rural hospitals to offset expenses incurred for providing patient care in North Carolina to respond to the COVID‑19 pandemic. NCHF shall award grants to eligible rural hospitals within 30 days after receipt of an application and on the basis of need according to tier designation, county health ranking, and hospital‑specific financial data. NCHF shall provide technical assistance to grant recipients for a period of five years following distribution of funds to (i) ensure that funds are utilized according to the intended purpose, (ii) assist recipient facilities in interpreting and implementing waivers and other federal guidance related to COVID‑19 response and recovery, and (iii) support recipient facilities in preparing for post‑COVID‑19 sustainability. Grant recipients shall not use these funds for any purpose other than to offset the following costs related to patient care provided in North Carolina as a result of the COVID‑19 pandemic:

a. Up to sixty percent (60%) of lost revenues from foregone elective procedures during the emergency period, net of federal funds received from the CARES Act.

b. Supplies and equipment purchased in accordance with Centers for Disease Control guidelines.

c. Rapidly ramping up infection control and triage training for health care professionals.

d. Retrofitting separate areas to screen and treat patients with suspected COVID‑19 infections, including isolation areas in or around hospital emergency departments.

e. Increasing the number of patient care beds to provide surge capacity.

f. Transporting patients with confirmed or suspected COVID‑19 safely to or from rural facilities.

g. Planning, training, and implementing expanded telehealth capabilities.

h. Procuring staff or consultants to help mitigate the burden of extensive review of new and incoming federal and State regulatory guidelines.

i. Salary support for furloughed employees.

By November 1, 2020, grant recipients shall submit to NCHF a detailed written report on the use of the funds appropriated in this subdivision. By December 1, 2020, NCHF shall submit to OSBM, the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal Research Division a detailed written report on the use of funds appropriated in this subdivision, along with recommendations on how recipient facilities can prepare for post‑COVID‑19 sustainability.

(30) $1,400,000 to the Department of Health and Human Services, Division of Central Management and Support, Office of Rural Health, to provide directed grants of equal amounts to the 67 member clinics of the North Carolina Association of Free and Charitable Clinics, to offset costs for providing health care and prescription medications during the COVID‑19 emergency.

(31) $1,500,000 to the Department of Health and Human Services to provide a directed grant to NC MedAssist, a nonprofit corporation, to offset increased costs for providing prescription assistance services during the COVID‑19 pandemic to individuals who are indigent or uninsured.

(32) $25,000,000 to the OSBM to establish the COVID‑19 Teaching Hospitals Relief Fund. OSBM shall allocate the monies in the fund as directed grants to hospitals located within the State that are classified as teaching hospitals by the Centers for Medicare and Medicaid Services, for the purpose of offsetting expenses incurred for providing patient care in North Carolina as a result of the COVID‑19 pandemic. OSBM shall award grants to eligible teaching hospitals based on the amount of charitable care provided in North Carolina and the amount of lost revenue sustained within North Carolina as a result of the COVID‑19 pandemic. Grant recipients shall not use these funds for any purpose other than the following to offset costs related to patient care provided in North Carolina to respond to the COVID‑19 pandemic:

a. Up to sixty percent (60%) of lost revenues from foregone elective procedures during the COVID‑19 emergency, net of federal funds received from the CARES Act.

b. Supplies and equipment purchased in accordance with Centers for Disease Control guidelines.

c. Rapidly ramping up infection control and triage training for health care professionals.

d. Retrofitting separate areas to screen and treat patients with suspected COVID‑19 infections, including isolation areas in or around hospital emergency departments.

e. Increasing the number of patient care beds to provide surge capacity.

f. Transporting patients with confirmed or suspected COVID‑19 safely to or from health care facilities.

g. Planning, training, and implementing expanded telehealth capabilities.

h. Procuring staff or consultants to help mitigate the burden of extensive review of new and incoming federal and State regulatory guidelines.

i. Salary support for furloughed employees.

As a condition of receiving the funds allocated in this subdivision, each grant recipient shall submit a detailed written report to the House Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, and the Joint Legislative Oversight Committee on Health and Human Services by December 1, 2020, that contains (i) a breakdown of all expenditures from the appropriated funds received under this section by the categories listed in this subdivision and (ii) the total amount of funds received from the Provider Relief Fund provided for in P.L. 116‑136 and any other federal legislation passed during calendar year 2020 to support the national response to COVID‑19.

(33) $25,000,000 to the OSBM to establish the COVID‑19 General Hospitals Relief Fund. OSBM shall allocate the monies in the fund as directed grants to hospitals located within the State that are not classified as rural hospitals or teaching hospitals by the Centers for Medicare and Medicaid Services, for the purpose of offsetting expenses incurred for providing care to patients in North Carolina as a result of the COVID‑19 pandemic. OSBM shall award grants to eligible large hospitals based on the amount of charitable care provided in North Carolina and the amount of lost revenue sustained within North Carolina as a result of the COVID‑19 pandemic. Grant recipients shall not use these funds for any purpose other than to offset the following costs related to patient care provided in North Carolina to respond to the COVID‑19 pandemic: