Bill Summary for H 351 (2021-2022)

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Summary date: 

Aug 10 2021

Bill Information:

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, 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.

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Bill summary

Senate committee substitute deletes the content of the 5th edition and replaces it with the following.

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 and combination 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, 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, subject to Centers for Medicare and Medicaid Services directives and to the guidelines, conditions, and limitations established by the facility as part of its normal visitation policy. Requires the DHHS Secretary to consult with licensed operators of nursing homes and combination homes 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) 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 suspends or restricts the normal visitation policy for any reason. 

Makes the above provisions effective April 1, 2022. 

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

Effective April 1, 2022, enacts GS 131D-7.1 and GS 131D-7.2 to enact substantively identical provisions regarding adult care homes, including a family care home, as those enacted in GS 131E-112.5 and GS 131E-112.6 concerning licensed nursing homes and combination homes. Requires the 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. Requires the DHHS Secretary to consult with licensed operators of adult care homes and other relevant stakeholders in establishing the protocols. 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 June 15, 2022, and submit a summarizing report of the protocols to the specified NCGA committee chairs at least 30 days prior to implementation. 

Changes the act's titles.