Bill Summaries: S274 SENIOR CARE OPTIONS. (NEW)

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  • Summary date: Nov 10 2023 - View Summary

    AN ACT DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO EXEMPT CERTAIN HOME ASSISTANCE SERVICES FROM HOME CARE LICENSURE REQUIREMENTS. SL 2023-150. Enacted November 9, 2023. Effective November 9, 2023.


  • Summary date: Oct 25 2023 - View Summary

    Conference report replaces the 4th edition in its entirety with the following.

    Expands the scope of the Home Care Agency Licensure Act (GS Chapter 131E, Article 6, Part 3) so it now also includes licensure of home assistance providers (defined as a private or public organization  that is predominantly engaged in providing, directly or indirectly, home assistance services; This excludes a home care agency, home health agency, or other organization predominantly engaged in providing home care services).  Defines home assistance services, as the following non-home-care services: (1) in-home companion, sitter, or respite care services provided to an individual or (2) homemaker services provided in combination with in-home companion, sitter, or respite care services. Defines homemaker services as basic home management tasks, shopping, meal preparation, transportation, socialization, medication reminders, and other services that do not require the service provider to touch the client and which do not require training or verification of skills by a registered nurse. Makes clarifying changes to home care services to distinguish that term from home assistance services.  Requires home assistance service providers to obtain a license under the procedure set forth in GS 131E-138 from the Department of Health and Human Services before operating as a home assistance service provider.

    Requires a license to operate as a home assistance services provider. Sets forth six requirements for home assistance service providers to operate lawfully under the statute: (1) maintain liability insurance; (2) inform all new clients that they do not provide health care or hands-on care; (3) conduct a criminal background check in any state where any contractor or employee was a resident during the past seven years; (4) document that each employee or contractor possesses a valid drivers license, vehicle registration, proof of insurance, and has provided an official driving  record from the North Carolina Division of Motor Vehicles; (5) require that all services provided by employees or contracts are provided in a safe and appropriate manner that complies with all relevant laws; (6) annually attest that the home assistance service provider is in compliance with the above requirements. Prevents home assistance service providers from submitting claims for reimbursement to any public or private insurer, managed care organization, or health plan, employing or contracting with an individual convicted of a relevant offense under GS 131D-40(d), or employing or contracting with an individual on the National Sex Offender Public Website.

    Makes conforming changes to various provisions of the licensure act, including GS 131E-140 (authorizing the NC Medical Care Commission to adopt rules); GS 131E-141.1 (penalties for operating without a license); GS 131E-142 (actions for injunctive relief); GS 131E-143 (prohibiting smoking while providing services to an individual in their home); GS 131E-135 (title of the act); and GS 131E-136 (definitions under the statute) to account for expanded scope of the statute.

    Amends GS 131E-272 to set a fee of $510 for an initial home assistance service license and changes the amount of an initial home care license from $560 to $510.

    Makes conforming changes to act’s long and short titles.


  • Summary date: Sep 5 2023 - View Summary

    House committee substitute deletes all contents of the 3rd edition and replaces it with the following.

    Contains whereas clauses.  Requires the Department of Health and Human Services (DHHS)’s Division of Health Service Regulation (DHSR) and Division of Aging and Adult Services (DAAS) to jointly study the array of services available to older adults who live independently but need services to support and maintain their independence. Requires the study to examine the provision of the following paid services by a provider: (1) in-home companion, sitter, and respite care services; (2) meal preparation, cleaning, organizing, pet care, and other home management services; (3) shopping and pick-up/drop-off of items such as library materials, mail, and donations; and (4) transportation to and from medical appointments, social events, and community activities. Directs DHSR and DAAS to seek input from listed stakeholders in conducting the study. 

    Requires DHHS to make recommendations consistent with the General Assembly’s findings in GS 143B-181.3 and GS 143B-181.1A pertaining to the needs of older adults. Requires DHHS to examine current statutes and rules pertaining to existing and new emerging support services to independent older adults and determine: (1) whether any changes are necessary to current statutes and rules to safely allow the provision of services described above; (2) whether those service providers should be licensed or regulated by the State; and (3) whether any limitations, background checks, or safeguards are necessary for the provision of those services.  Requires DHSR and DAAS to submit a report on the study’s findings, including any necessary legislative action to the specified NCGA committee no later than September 1, 2024. Prevents DHHS from pursuing changes to the statutes and rules examined under the act until after the General Assembly has received the report required by the act.

    Makes conforming changes to the act’s long and short titles.


  • Summary date: Mar 29 2023 - View Summary

    Senate amendment to the 2nd edition makes the following changes.  Adds definition of home assistance services provider to list of defined terms in GS 131E-136. Amends the requirement that providers of home assistance services prohibit employment of an individual listed on a sex registry to prohibit contracting with or employing an individual listed on the National Sex Offender Public Website.  Adds the following additional requirements that providers of home assistance services must follow: (1) document that each employee or contractor possesses a valid driver’s license, vehicle registration, proof of insurance, and has provided an official driving record from the NC Division of Motor Vehicles and (2) inform clients that employees and contractors of a home care provider are prohibited from smoking while providing services to a client in the client’s home.  


  • Summary date: Mar 22 2023 - View Summary

    Senate committee substitute deletes all contents of the 1st edition and replaces it with the following.  Makes conforming changes to the act’s short and long titles. Amends GS 131E-136 (the definitions provision of the Home Care Agency Licensure Act) to enact definition of home assistance services, which means the following services that are not home care services:(1) in-home companion, sitter, and respite care services provided to an individual; (2) homemaker services provided in combination with in-home companion, sitter, respite, or other home assistance services; and (3) non-hands-on services, as defined in the section of the State administrative code pertaining to respite services. Specifies that providers of home assistance services are not required to hold a license under the Home Care Agency Licensure Act.  

    Clarifies that the definition of home care services set forth in the Home Care Licensure Act (GS 131E-136) does not include home assistance services. Amends the definition of home care services to include in-home companion, sitter, and respite care services provided to an individual in conjunction with other home care services. 

    Requires home assistance service providers to (1) maintain liability insurance; (2) inform new clients that they are not licensed by the State and that they do not provide hands-on care or health care; (3) conduct criminal background checks for contracts and employers with the following requirements: (i) a criminal background check must be performed in each state where the employee resided during the past five years; (ii) prohibit employment of an individual or contractor who was convicted of a violent crime or a financial crime; (iii) prohibit employment of an individual listed on a sex registry. 

    Further specifies that home assistance services include but are not limited to: (1) certain home-based services like meal preparation, cleaning and organizing, caring for pets, and other home management services; (2) community-based services like grocery shopping, retail shopping, and pick-up/drop-off of certain items; (3) transportation-based services like travel to/from medical appointments, social events, and community activities.  

    Bars home assistance providers from submitting any claims for reimbursement to private or publicly funded insurance plans for services rendered to or on behalf of a State resident.  


  • Summary date: Mar 9 2023 - View 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.