Senate committee substitute makes the following changes to 1st edition. Requires the Department of Health and Human Services (DHHS) to conduct a pilot program to assess providing overnight respite services in adult day care programs (was, amended GS 131D-6 to add provisions for adult day care/overnight respite programs and to direct the Social Services Commission to adopt rules for adult day care/overnight respite programs). Deletes the proposed amendments to GS 131D-6.
Directs the Secretary of Health and Human Services to select a minimum of two, and a maximum of four, stable and successful certified adult day care programs in which to conduct the pilot program for the provision of overnight respite service in adult day care programs. Provides additional criteria and specifications for the selection and administration of the pilot programs. Sets time and capacity limits for the provision of overnight respite care.
Asserts that the state is not authorized to pay for any overnight respite services offered through the pilot program and the pilot is not eligible to enroll or otherwise participate in the Medicaid program. Requires that an adult day care program participating in the pilot program be currently certified by DHHS to provide adult day care. Exempts the programs from specified licensure requirements. Directs DHHS to adopt rules that include minimum requirements necessary to ensure the health and safety of adult day care overnight respite participants. Authorizes the Division of Health Service Regulation (Division) to enforce the rules adopted by DHHS. Requires the Division to (1) conduct an inspection prior to the provision of overnight respite service, (2) conduct monitoring visits, and (3) investigate complaints.
Requires each adult day care program that is participating in the pilot to make periodic reports to the Division as to the number of persons served and the average daily census. Provides that the Division has the authority to terminate the pilot program or suspend admission at any time due to noncompliance with regulatory regulations that results in death or serious physical harm, or a substantial risk that death or serious physical harm will occur.
Directs DHHS to report on the status of the pilot once a year to the Program Evaluation Division (PED). Requires the PED to evaluate the pilot program and indicates criteria to be considered in the evaluation. Requires the PED to report to the General Assembly on or before October 1, 2014, on the feasibility of continuing to provide overnight respite in an adult day care program.
Changes the title to AN ACT TO AUTHORIZE THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PILOT AN OVERNIGHT RESPITE PROGRAM IN FACILITIES THAT OFFER ADULT DAY CARE.
Adds “whereas” clauses.
Specifies that the act becomes effective when it becomes law and is repealed June 1, 2015. Requires adult day care programs participating in the pilot to be selected and receive an initial inspection by January 1, 2012.