Bill Summary for H 677 (2011-2012)

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Summary date: 

Jun 7 2011
S.L. 2011-272

Bill Information:

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.

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Bill summary

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.