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.
Amends GS 131D-2.1 (definitions applicable to adult care homes) by adding a definition for hearing unit. Amends GS 131D-4.5(5) to state that the rules adopted by the Medical Care Commission governing due process and appeal rights must offer protections to adult care home residents for safe and orderly transfer and discharge (rather than offer at least the same protections as state and federal rules and regulations). Makes a similar change to GS 131D-21(17) under the Adult Care Home Residents’ Bill of Rights.
Enacts new GS 131D-4.8 to permit an adult care home to initiate discharge of a resident based on any of the six listed reasons. Prohibits the Department of Health and Human Services (DHHS) from citing the adult care home facility for any violation, as specified, when DHHS prohibits a facility from discharging a resident for whom the facility initiated discharge due to the endangerment of the health or safety of the resident or other individuals in the home, if the violation is attributed to behavior by the resident that resulted in harm to the resident or other individuals. Directs the adult care home to notify, in writing, a resident or the resident’s legal representative of the home’s intent to discharge the resident at least 30 days before the discharge. Requires the notice to include six listed items. Directs the home to also notify the county department of social services of the discharge, and to use best efforts to assist the resident to find appropriate placement before the date of discharge. Requires the hearing unit to decide all appeals involving the discharge of adult care home residents as a final agency decision. Sets forth details for judicial review of the hearing unit’s decision. Makes a conforming change to GS 150B-1(e), exempting hearings to decide appeals involving adult care home resident discharges initiated by the homes from the contested case provisions of the Administrative Procedure Act.
Effective October 1, 2011.
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