Bill Summary for S 274 (2023-2024)

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Summary date: 

Mar 9 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 274 (Public) Filed Thursday, March 9, 2023
AN ACT DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO EXEMPT CERTAIN HOME ASSISTANCE SERVICES FROM HOME CARE LICENSURE REQUIREMENTS.
Intro. by Perry, Sawyer, Overcash.

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Bill summary

Establishes a three-year pilot program for certain home health care services to residents of North Carolina as follows.  Requires the Department of Health and Human Services (Department) to develop and issue a request for proposal (RFP) no later than July 1, 2023, to contract with a third-party organization to establish and administer a three-year home care services pilot program in North Carolina, beginning no later than January 1, 2024. Requires that the third-party organization have an existing presence delivering home care services in at least one other state to deliver at least the following home care services to residents of North Carolina as part of the pilot program: (1) home-based services such as meal preparation, cleaning and organizing, caring for pets, and other home management services; (2) community-based services such as grocery shopping, retail shopping, and pick-up and drop-off of items such as library materials, mail, and donations; (3) transportation-based services such as travel to and from medical appointments, social events, and community activities. Sets forth definitions of department and home care services. Specifies contract requirements, including that all third-party organizations conduct criminal background checks on all employees before they can perform home care services as part of the pilot program.

Exempts the home care services provided by the pilot program from certain home care licensure requirements for home care agencies except for the smoking prohibitions set forth in GS 131E-143 and the personnel rules and licensing rules set forth in the North Carolina Administrative Code. Bars the Department from exempting the third-party agency from licensure requirements for duties perform in the State outside of the pilot program.  Specifies that if the third-party violates any licensure laws while delivering services outside the scope of its contract, the organization is subject to a penalty of not more than $500 for each offense as set forth in GS 131E-141.1.

Shields the Department from liability for any willful, intentional, grossly negligent, or negligent acts or omissions of the third-party organization arising from establishment and administration of the pilot program.    

Sets termination date from three years after the date the third-party organization begins providing home care services under the pilot program. 

Requires the Department to submit a report to the specified joint NCGA committee on the effectiveness of the pilot program within six months after the termination of the pilot program.