DISCHARGE OF ADULT CARE HOME RESIDENTS.

View NCGA Bill Details2011-2012 Session
House Bill 677 (Public) Filed Wednesday, April 6, 2011
TO PROVIDE ADULT CARE HOMES WITH GREATER FLEXIBILITY IN THE TRANSFER AND DISCHARGE OF RESIDENTS, TO MAKE COUNTY DEPARTMENTS OF SOCIAL SERVICES RESPONSIBLE FOR PLACING CERTAIN DISCHARGED RESIDENTS, AND TO ENACT APPEAL RIGHTS FOR ADULT CARE HOME RESIDENTS AND ADULT CARE HOMES WITH RESPECT TO DISCHARGE DECISIONS.
Intro. by Lewis.

Status: Ch. SL 2011-272 (House Action) (Jun 23 2011)
H 677/S.L. 2011-272

Bill Summaries:

  • Summary date: Jun 30 2011 - More information

    AN ACT TO PROVIDE ADULT CARE HOMES WITH GREATER FLEXIBILITY IN THE TRANSFER AND DISCHARGE OF RESIDENTS AND TO ENACT APPEAL RIGHTS FOR ADULT CARE HOME RESIDENTS AND ADULT CARE HOMES WITH RESPECT TO DISCHARGE DECISIONS AND TO CREATE ADULT CARE HOME RESIDENT DISCHARGE TEAMS WITHIN EVERY COUNTY WHICH CONTAINS AN ADULT CARE HOME LICENSED UNDER CHAPTER 131D OF THE GENERAL STATUTES. Summarized in Daily Bulletin 4/6/11, 6/7/11, 6/14/11, and 6/15/11. Enacted June 23, 2011. Effective October 1, 2011.


  • Summary date: Jun 15 2011 - More information

    Senate amendment makes the following changes to 4th edition. Deletes nonpayment as a reason for discharge of a resident while an appeal to the Hearing Unit is pending. Clarifies that while, under the act, the Department may not prohibit discharge during an appeal simply for the reason that the Hearing Unit has determined that the discharge destination identified is not appropriate, the requirements in the act for agencies to work to identify an appropriate destination continue to apply.


  • Summary date: Jun 14 2011 - More information

    Senate committee substitute makes the following changes to 3rd edition.
    Amends GS 131D-2.1 to provide that the adult care home resident discharge team consists of one member (was, two) from the department of social services and one member from the designated local management entity (LME). Amends GS 131D-4.8, deleting provision directing the Hearing Unit to determine, in its discretion, an appropriate discharge destination within 60 days after the date of the resident’s discharge hearing. Directs the Department of Health and Human Services not to prohibit discharge solely because the Hearing Unit determines that the discharge destination (was, the discharge destination identified by the adult care home) in the required written notice does not include an appropriate discharge destination. Specifies residents’ primary unmet needs that require LMEs to take the lead role for the discharge destination of those patients, and those primary unmet needs that require the local departments of social services to take the lead role for the residents. Also provides that when the facility convenes the adult care home resident discharge team, that discharge team is to consult with the facility, as well as the resident receiving the discharge notice and that resident’s legal representative. Adds additional criteria and rights regarding the resident’s discharge. Clarifies that when a discharge is under appeal, the resident is to remain in the facility and not be subject to discharge until the Hearing Unit issues a decision; however, provides a list of exceptions to this provision. Deletes as a basis for convening the adult care home resident discharge team the finding by the resident that the destination is unacceptable. Also provides that a discharge is not subject to appeal because a resident’s physician requires a different level of care unless there is a documented conflict between two or more of the resident’s physicians regarding the resident’s appropriate level of care.


  • Summary date: Jun 7 2011 - More information

    House committee substitute makes the following changes to 1st edition. Amends GS 131D-2.1 to include adult care home resident discharge team as a defined term. Rewrites proposed GS 131D-4.8(b) to include additional language to provide that a discharge on the basis that a resident’s physician requires a different level of care for the resident is not subject to an appeal for that reason; however, the discharge remains subject to appeal for all other reasons. Makes other clarifying changes.
    Deletes provisions concerning instances when the Department of Health and Human Services prohibits an adult care home from discharging a resident for whom the facility has initiated a discharge.
    Enacts new GS 131-4.8(c) to provide that for any appeal of a discharge to the Hearing Unit, the Department of Health and Human Services may not prohibit a discharge solely because the Hearing Unit determines that the discharge destination identified does not include an appropriate discharge destination. Directs the Hearing Unit to determine an appropriate discharge destination.
    Enacts new GS 131-4.8(e) providing that in certain and detailed instances, a facility must convene the adult care resident discharge team to assist with finding placement for a resident. Provides procedure for such placement.
    Enacts new GS 131-4.8(f) to provide that meetings of the adult care home resident discharge team are not subject to the provisions of Article 33 of GS Chapter 143, concerning meetings of public bodies. Provides that information and records acquired by the adult care home resident discharge team in the exercise of its duties are confidential unless all parties give written consent to release such information.
    Changes title to AN ACT TO PROVIDE ADULT CARE HOMES WITH GREATER FLEXIBILITY IN THE TRANSFER AND DISCHARGE OF RESIDENTS AND TO ENACT APPEAL RIGHTS FOR ADULT CARE HOME RESIDENTS AND ADULT CARE HOMES WITH RESPECT TO DISCHARGE DECISIONS AND TO CREATE ADULT CARE HOME RESIDENT DISCHARGE TEAMS WITHIN EVERY COUNTY WHICH CONTAINS AN ADULT CARE HOME LICENSED UNDER CHAPTER 131 OF THE GENERAL STATUTES.


  • Summary date: Jun 7 2011 - More information

    House amendments make the following changes to 2nd edition. Amendment #1 creates new subsection (g) to GS 131D-4.8 providing that if a discharge is under appeal or if the adult care home resident discharge team has been convened and no decision has been made, the resident will remain in the facility and is not subject to discharge until an appropriate discharge destination that is acceptable to the resident is located.
    Amendment #2 amends GS 131D-4.8(b) to clarify that upon arrival at any adult care home, an individual must be identified to receive a discharge notice on behalf of the resident. Provides that an adult care home must notify a resident, the residents legal representative, and the individual identified to receive a discharge notice of its intent to initiate discharge of the resident, in writing, at least 30 days before discharge.


  • Summary date: Apr 6 2011 - More information

    Amends GS 131D-2.1 (definitions applicable to adult care homes) by adding a definition for hearing unit. Amends GS 131D-4.5(5) to state that the rules adopted by the Medical Care Commission governing due process and appeal rights must offer protections to adult care home residents for safe and orderly transfer and discharge (rather than offer at least the same protections as state and federal rules and regulations). Makes a similar change to GS 131D-21(17) under the Adult Care Home Residents’ Bill of Rights.
    Enacts new GS 131D-4.8 to permit an adult care home to initiate discharge of a resident based on any of the six listed reasons. Prohibits the Department of Health and Human Services (DHHS) from citing the adult care home facility for any violation, as specified, when DHHS prohibits a facility from discharging a resident for whom the facility initiated discharge due to the endangerment of the health or safety of the resident or other individuals in the home, if the violation is attributed to behavior by the resident that resulted in harm to the resident or other individuals. Directs the adult care home to notify, in writing, a resident or the resident’s legal representative of the home’s intent to discharge the resident at least 30 days before the discharge. Requires the notice to include six listed items. Directs the home to also notify the county department of social services of the discharge, and to use best efforts to assist the resident to find appropriate placement before the date of discharge. Requires the hearing unit to decide all appeals involving the discharge of adult care home residents as a final agency decision. Sets forth details for judicial review of the hearing unit’s decision. Makes a conforming change to GS 150B-1(e), exempting hearings to decide appeals involving adult care home resident discharges initiated by the homes from the contested case provisions of the Administrative Procedure Act.
    Effective October 1, 2011.


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