CLIFFORD'S LAW.

View NCGA Bill Details2021
House Bill 351 (Public) Filed Monday, March 22, 2021
AN ACT DIRECTING THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH VISITATION PROTOCOLS FOR NURSING HOMES, COMBINATION HOMES, HOSPICE CARE FACILITIES, AND ADULT CARE HOMES, INCLUDING FAMILY CARE HOMES, DURING DECLARED DISASTERS AND EMERGENCIES AND REQUIRING THESE FACILITIES TO ADHERE TO THE ESTABLISHED VISITATION PROTOCOLS DURING DECLARED DISASTERS AND EMERGENCIES WHEN NORMAL VISITATION POLICIES ARE SUSPENDED OR CURTAILED.
Intro. by Dixon, Lambeth, White, Moss.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 5 2021)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT DIRECTING THE SECRETARY OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO ESTABLISH VISITATION PROTOCOLS FOR NURSING HOMES, COMBINATION HOMES, AND HOSPICE CARE FACILITIES DURING DECLARED DISASTERS AND EMERGENCIES AND REQUIRING THESE FACILITIES TO ADHERE TO THE ESTABLISHED VISITATION PROTOCOLS DURING DECLARED DISASTERS AND EMERGENCIES WHEN NORMAL VISITATION POLICIES ARE SUSPENDED OR CURTAILED.

H 351

Bill Summaries:

  • Summary date: Apr 1 2021 - More information

    House amendment makes the following changes to the 3rd edition.

    Adds that the visitation protocols established by the Department of Health and Human Services Secretary under GS 131E-112.5, concerning nursing homes, combination homes, and hospice care facilities, and GS 131D-7.1, concerning adult care homes, are subject to Centers for Medicare and Medicaid Services directives. 


  • Summary date: Mar 31 2021 - More information

    House committee substitute makes the following changes to the 2nd edition.

    Changes the effective date of the proposed codifications to GS Chapters 131E and 131D to April 1, 2022 (was effective on the date the act becomes law).


  • Summary date: Mar 30 2021 - More information

    House committee substitute makes the following changes to the 1st edition.

    Adds the following. Enacts GS 131D-7.1 and GS 131D-7.2 to enact substantively identical provisions regarding adult care homes as those enacted in GS 131E-112.5 and GS 131E-112.6 concerning licensed nursing homes, combination homes, and hospice care facilities in the 1st edition. Requires the Secretary of the Department of Health and Human Services (DHHS Secretary) to establish visitation protocols for residents of adult care homes that will become effective during a disaster declaration or emergency that results in the suspension or curtailment of the facility's normal visitation policy for any reason. Defines normal visitation policy to mean the visitation policy that was in effect at a facility on January 1, 2020. Lists three minimum requirements for the protocols, identical to those listed for licensed nursing homes, combination homes, and hospice care facilities enacted in the previous edition. Requires the DHHS Secretary to consult with licensed operators of adult care homes and other relevant stakeholders in establishing the protocols. Defines disaster declaration, emergency, and facility. Defines the effectiveness of the protocols established by the DHHS Secretary under new GS 131D-7.1 to be during any period of time when (1) there is a declared disaster or emergency and (2) a licensed adult care home suspends or restricts the normal visitation policy for any reason. 

    Requires the DHHS Secretary to implement the visitation protocols established under new GS 131D-7.1 by March 15, 2022, and submit a summarizing report of the protocols to the specified NCGA committee chairs at least 30 days prior to implementation. 

    Makes conforming changes to the act's long title.


  • Summary date: Mar 22 2021 - More information

    Includes whereas clauses. Enacts GS 131E-112.5 to require the Secretary of the Department of Health and Human Services (DHHS Secretary) to establish visitation protocols for residents of nursing homes, combination homes, and hospice care facilities that will become effective during a disaster declaration or emergency that results in the suspension or curtailment of the facility's normal visitation policy for any reason. Defines normal visitation policy to mean the visitation policy that was in effect at a facility on January 1, 2020. Lists three minimum requirements for the protocols, including that each resident has the right to designate one preapproved visitor and one preapproved alternative visitor to be allowed to visit the resident at least twice a month during any period of time during which the facility's normal visitation policy is suspended or curtailed for any reason during a declared disaster or emergency. Requires the DHHS Secretary to consult with licensed operators of nursing homes, combination homes, and hospice care facilities and other relevant stakeholders in establishing the protocols. Defines disaster declaration, emergency, and facility. 

    Enacts GS 131E-112.6 (concerning licensed nursing homes and combination homes) and GS 131E-207.5 (concerning licensed hospice care facilities) to define the effectiveness of the protocols established by the DHHS Secretary under new GS 131E-112.5 to be during any period of time when (1) there is a declared disaster or emergency, and (2) a licensed nursing home or combination home, or a licensed hospice care facility, respectively, suspends or restricts the normal visitation policy for any reason. 

    Requires the DHHS Secretary to implement the visitation protocols established under new GS 131E-112.5 by March 15, 2022, and submit a summarizing report of the protocols to the specified NCGA committee chairs at least 30 days prior to implementation. 


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