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February 2002


State Government News

Other stories below:
State revenues are up, but not enough
Utah continues fighting North Carolina for extra seat in Congress
Judge refuses to delay start of candidate filing period

BCBSNC’s conversion to for-profit status moving forward
The N.C. Department of Insurance returned as incomplete a filing by Blue Cross Blue Shield of North Carolina (BCBSNC) for conversion to a for-profit status. The plan, filed with the department on Jan. 2, was returned Jan. 18. Specific areas of concern listed by the department point to the business plan, a confidential document under North Carolina insurance law. Specifically, the department said the plan failed to include a statutorily mandated premium rate analysis or a description of how current BCBSNC subscribers would be protected.

In 1998, the North Carolina General Assembly adopted legislation creating the procedure for a non-profit medical, hospital or dental service corporation to convert to a public company. The state insurance commissioner and attorney general were given authority to approve a plan only if it is found to be in the public's best interest.

The Department of Insurance has asked BCBSNC to proceed with certain substantive negotiations while waiting for the filing to be updated. Once a complete filing is submitted, the statute gives the Department of Insurance 90 days to hold public hearings on the potential conversion. The department anticipates convening those hearings in Charlotte, Raleigh and Wilmington.

Meanwhile, the state has begun the process to create a health care foundation funded by BCBSNC’s conversion to a for-profit company. Blue Cross must issue 100 percent of its stock to an independent, charitable foundation that would be dedicated to promoting the health of North Carolinians. Articles of incorporation and bylaws for such a foundation, called the Health Care Foundation for North Carolina, were filed N.C. Attorney General Roy Cooper. It’s estimated that the foundation will have initial holdings worth an estimated $1 billion, essentially the market value of BCBSNC at the time of conversion

A committee has been formed to find 11 board members for the foundation. Attorney General Cooper will select the 11 initial foundation board members from a list of 22 candidates submitted by a nominating committee. The nominating committee includes the following:

Appointed by NCCBI: Leslie Bevacqua, NCCBI vice president of governmental affairs; Carla DuPuy, chair of NCCBI’s Health Care Committee and an employee of Crescent Resources; Smedes York, the president of York Properties in Raleigh and a former NCCBI chairman.

Appointed by the N.C. Center for Nonprofits: Mary Mountcastle, president of the Center for Community Self-Help; Patricia Smith, executive director of the Community Foundation of Western North Carolina; Jane Kendall, president of the N.C. Center for Nonprofits.

Appointed by the UNC Board of Governors: Bert Collins, president and CEO of N.C. Mutual Life Insurance Co.; Dr. Nancy Chescheir of UNC-Chapel Hill; Craig Souza, president of the N.C. Health Care Facilities Association.

Appointed by the N.C. Medical Society: Robert Seligson, executive vice president and CEO of the N.C. Medical Society.

Appointed by the N.C. Hospital Association: Bill Pully, president of the N.C. Hospital Association.

Anderson & Associates, an executive search firm based in Charlotte, will assist the committee in its search for nominees to serve on the board.

In selecting the board, consideration will be given to ensuring that it represents the diversity of North Carolina’s population. Members of the board will not be compensated for their services except for a stipend to prepare for and attend meetings. Applicants must be North Carolina residents who have experience, education and expertise in one or more of the following areas: health care, public health or social welfare, asset management and investment, corporate securities transactions, nonprofit organizations or grantmaking foundations, or organization development or management.

Those interested in serving on the board or in nominating someone would submit a resume and a one-page cover letter to Attorney General Roy Cooper, c/o Board Search-Health Foundation for NC, 201 South Tryon Street Suite 130, P.M.B. 141, Charlotte, N.C. 28202.





State revenues are up, but not enough
A
fter five months of its fiscal year, state revenue collections are 3 percent higher than at this time a year ago, but that’s not enough to support the roughly 5 percent revenue growth rate anticipated in the current budget. According to the November revenue report supplied NCCBI by the State Controller’s Office, total tax collections for the fiscal year to date are $149 million greater than at this point last fiscal year, paced by a 6 percent rise in individual income tax collections (see chart above). Corporate income taxes also are up substantially from last year. Gov. Mike Easley has said he fears the state is headed for a revenue shortfall of perhaps $900 million by the end of the fiscal year and that drastic cuts in spending may be needed to balance the budget.

Easley particularly pointed to sharply higher costs in the Medicaid program. As the economy weakened, greater numbers of people were seeking care under the program, he said. The Medicaid shortfall currently is $108 million and is expected to rise to $250 million by the end of the year.

The governor said options he is considering for balancing the budget include:

Borrowing $150 million from the $400 million remaining in the Hurricane Floyd relief fund.
Taking some or all of the $357 million now in the state's Rainy Day Fund.
Taking some or all of the $125 million the state set aside in the Repairs and Renovation Fund.
Applying to current expenses some or all of the $250 million resulting from the 4 percent across-the-board spending cut he ordered state agencies to take last fall.

Observers noted that most states are facing similar budget crises. Virginia and Georgia both are confronting billion-dollar deficit and South Carolina is $300 million in the red.


Utah continues fighting North Carolina for extra seat in Congress
The U.S. Supreme Court has agreed to hear Utah's challenge to a statistical method used by the 2000 census that gave North Carolina a 13th seat in Congress at the expense of Utah. Utah is challenging the Census Bureau’s use of imputation in which addresses on the bureau's master list where no one has been contacted after multiple attempts are assigned a number of occupants, based on the number of people known to be living at similar addresses. Utah fell 857 people short of qualifying for a new fourth seat in the House, a seat that under the formula used to allocate representatives then became a new 13th seat for North Carolina.

 
Judge refuses to delay start of candidate filing period
Superior Court Judge Knox Jenkins has denied a bid by state Republicans to delay the date when legislative candidates can begin filing for office until a lawsuit is considered which challenges the redistricting plan adopted by the General Assembly. The Republicans’ lawsuit contends the maps for House and Senate districts divide counties in violation of the state constitution. They don’t want the State Board of Elections to use the disputed maps when the candidate filing period opens. Candidates will begin filing to run for office Feb. 18 if the U.S. Justice Department decides by then that the maps of new legislative and congressional districts comply with the federal Voting Rights Act. The state's primaries are currently scheduled for May 7.


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