Bill Summary for H 1071 (2017-2018)

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Summary date: 

May 31 2018

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 1071 (Public) Filed Thursday, May 31, 2018
AN ACT PROVIDING FINANCIAL PROTECTIONS AGAINST UNWARRANTED DISCHARGE AND UNJUSTIFIED INCREASES IN COSTS FOR NORTH CAROLINA SENIORS RESIDING IN ADULT CARE HOMES AND APPROPRIATING FUNDS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, DIVISION OF HEALTH SERVICE REGULATION, FOR ADDITIONAL POSITIONS TO ENFORCE STATUTORY PROTECTIONS FOR ADULT CARE HOME RESIDENTS.
Intro. by Stone, Howard, Hurley.

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Bill summary

Amends GS 131D-4.5, requiring the Medical Care Commission to adopt rules establishing guidelines for procedural information that each adult care home must include in a resident's contract with respect to increases in charges or fees associated with changing the level of care provided by the facility. Requires the guidelines to specify how a facility determines changes to levels of care and notifies the resident or the resident's legal representative of the intent to change the level of care resulting in an increase in the resident's charges or fees. 

Amends GS 131D-4.8(a), which sets forth reasons an adult care home can initiate discharge of a resident. Modifies current provisions to allow an adult care home to initiate discharge if: (1) the discharge is necessary to protect the welfare of the resident and the adult care home cannot meet the medical needs of the resident as documented by the resident's physician (currently, allows for documentation by the resident's physician assistant or nurse practitioner); (2) the immediate safety of the resident or other individuals in the adult care home is endangered as documented by the adult care home (currently, more generally based on the safety of the resident or other individuals in the adult care home is endangered, with no documentation required); and (3) the immediate health of the resident or other individuals in the adult care home is endangered as documented by a physician, physician assistant, or nurse practitioner (currently, does not specifically concern immediate health). Further amends the statute to increase the time by which the resident, the resident's legal representative, and the individual identified to receive a discharge notice must receive an adult care home's notice of its intent to initiate the discharge of a resident from at least 30 days before discharge to at least 60 days before discharge. Additionally, suspends the running of the 60-day notice period if an adult care home resident or the resident's legal representative elects to appeal a discharge initiated by the adult care home. Suspends the notice period on the date the appeal is filed and resumes the notice period the date the hearing unit issues a decision. Limits suspension of the notice period to no more than once for each discharge determination appealed by a resident.

Appropriates from the General Fund to the Department of Health and Human Services, Division of Health Service Regulation (Division), $90,000 for the 2018-19 fiscal year, with $40,000 used for one full-time equivalent position with the Division dedicated to fulfilling the administrative functions of the Division, and $50,000 used for one full-time equivalent position within the Division dedicated to the Adult Care Licensure Section.

Effective July 1, 2018.