AN ACT MODIFYING THE LAWS PROHIBITING ISSUANCE OF ADULT CARE HOME LICENSES DUE TO PRIOR VIOLATIONS; EXEMPTING FROM CERTIFICATE OF NEED REVIEW NEW INSTITUTIONAL HEALTH SERVICES INVOLVING THE ACQUISITION OF AN UNLICENSED ADULT CARE HOME THAT WAS PREVIOUSLY LICENSED; ESTABLISHING A PROCESS FOR ADULT CARE HOMES TO REQUEST INFORMAL DISPUTE RESOLUTION OF CERTAIN ADVERSE INSPECTION FINDINGS BY COUNTY DEPARTMENTS OF SOCIAL SERVICES PRIOR TO IMPOSITION OF A PENALTY OR ISSUANCE OF A STAR RATING CERTIFICATE BASED ON THE ADVERSE INSPECTION FINDINGS; AMENDING THE RULES PERTAINING TO MINIMUM TRAINING FOR PERSONAL CARE AIDES; ELIMINATING THE TWELVE- TO TWENTY-FOUR-MONTH PENALTY ON ADULT CARE HOME STAR RATINGS; AND DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO STUDY THE EFFECTIVENESS OF THE NORTH CAROLINA STAR-RATED CERTIFICATE PROGRAM FOR ADULT CARE HOMES.
Amends GS 131D-2.4 (regarding licensure of adult care homes) to provide that a facility not currently licensed as an adult care home that was licensed as an adult care home within the preceeding 12 months is considered an existing health service facility for the purposes of GS 131E-184(a)(8), which sets out an exemption from certificate of need review.
Provides that an applicant for an adult care home may not be licensed under any of the listed circumstances for the period of time indicated. Amends the list to require the owner, principal, or affiliates of currently listed facilities with revoked or terminated licenses to have been responsible for the operation of the facility to be denied a license, and extends the time period in which that person may not be licensed from one year to five years after the date of revocation. Prohibits licensure of applicants who were the owner, principal, or affiliate of a licensable facility under currently listed Chapters (was, facilities summarily suspended or downgraded to provisional status as a result of violations under listed Chapters), responsible for the operation of the facility, that either had their license summarily revoked, until five years (was, six months) after the suspension is lifted or terminated, or that have outstanding fees, fines, and penalties. Provides that the consent of a current licensee is not required a prerequisite to a change of ownership of an adult care home if the current licensee has been removed from or abandoned the facility. Authorizes an appeal of a denial of a license.
Amends GS 131D-2.11 to require the Division of Health Service Regulation and county departments of social services to offer each adult care home an opportunity to informally resolve disputed findings from an inspection conducted by the county that results in listed types of violations. Provides that failure to timely complete informal dispute resolution does not delay the effective date of enforcement actions taken against an adult care home. Directs the county department of social services to remove incorrectly cited deficiencies successfully challenged in an informal dispute, and the Division of Health Service Regulation to rescind enforcement actions imposed as a result of the incorrectly cited deficiency. Directs the Division of Health Service Regulation to make informal dispute resolution procedures for this process, and the currently described process to informally dispute findings from inspections conducted by the Division of Health Service Regulation available on its website. Directs the Division of Health Service Regulation and county departments of social services to establish procedures to implement these requirements within 60 days of the effective date of this act, effective when the bill becomes law.
Amends GS 131D-4.3(a) to require 80 hours of training for all personal care aides (was 75 or 40, depending on the aide's tasks). Authorizes facilities to exempt personal care aides from the 80-hour training requirement if they have been licensed as a health care professional or listed on the Nurses Aides Registry. Directs facilities to provide staff to meet the needs of the facility's residents, deleting current provisions regarding"heavy care" individuals.
Amends GS 131D-10. Directs the Division of Health Service Regulation to issue ratings to facilities based on inspections and investigations of complaints that reveal noncompliance with statutes and rules, and the facility's participation in any quality improvement programs approved by the department. Replaces the current rating system with a star-rating system, as described. Provides for informal dispute resolution of star rating issuance. Directs the Department of Health and Human Services to make facility rating and specific information regarding the basis for calculating each rating available on its website, free of charge.
Directs the Department to conduct a study of the North Carolina Star Rated Program, and to report its initial recommendations for regulatory and legislative changes to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by February 1, 2018, and to make its final report by October 1, 2018. Effective when the bill becomes law.
Amends GS 131E-184(a)(8) to make a conforming change. Effective when the bill becomes law.
Except as otherwise provided, effective October 1, 2017.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.