ADULT CARE HOMES/LICENSURE BY ACCREDITATION.

Printer-friendly: Click to view
View NCGA Bill Details2021
House Bill 727 (Public) Filed Wednesday, April 28, 2021
AN ACT ESTABLISHING A LICENSURE BY ACCREDITATION PROCESS FOR ADULT CARE HOMES; EXEMPTING ADULT CARE HOMES THAT ARE LICENSED BY VIRTUE OF ACCREDITATION FROM ROUTINE INSPECTIONS AND THE STAR RATING PROGRAM FOR ASSISTED LIVING FACILITIES; AND APPROPRIATING FUNDS FOR AN ASSISTED LIVING ACCREDITATION GRANT PROGRAM AND FOR A COMPARISON OF RESIDENT OUTCOMES IN ACCREDITED VERSUS NON-ACCREDITED ADULT CARE HOMES.
Intro. by Wray, Brisson.

Status: Ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the House (House action) (Apr 29 2021)
H 727

Bill Summaries:

  • Summary date: Apr 28 2021 - View Summary

    Section 1

    States legislative intent to authorize the Department of Health and Human Services (DHHS), Division of Health Service Regulation (DHSR) to issue an adult care home license to applicants that obtain assisted living program accreditation from a nationally recognized accrediting body approved by DHSR pursuant to Section 3 of this act, without need for further review or inspection. 

    Section 2

    Enacts GS 131D-2.4(h) to deem an adult care home that has been licensed for at least 12 months to meet the licensure requirements of adult care homes, and requires DHHS to issue an adult care home license without further review or inspection, if the facility obtains assisted living program accreditation from a nationally recognized accrediting body approved by DHHS. Requires such facilities to submit specified information to DHSR in order to obtain the license. Specifies that obtaining a license in this manner does not exempt an adult care home from licensure requirements established under Part 1 of Article 1. Allows DHHS and county departments of social services (dss) to conduct validation surveys on adult care homes licensed in this manner. Exempts adult care homes licensed by virtue of accreditation from routine inspections by DHHS or county dss, other than routine monitoring for compliance with State and federal laws. Requires DHHS or a county dss that receives a complaint of such a licensee to forward the complaint to the accrediting body for investigation, except allegations of abuse or neglect. Establishes procedures for forwarded complaints. Requires these adult care homes to be noted as accredited rather than receiving ratings pursuant to Medical Care Commission rules under GS 131D-10. Effective upon determination by the Program on Aging, Disability, and Long-Term Care of the Cecil G. Sheps Center for Health Services Research at UNC-Chapel Hill (Program at Sheps Center) that accreditation in demonstrably related to or improved adult care home resident outcomes, based on the quality measures approved by DHHS under GS 131D-2.13, as enacted. Requires the DHHS Secretary to notify the Revisor of Statutes upon receipt of that determination.

    Section 3

    Adds the following to GS 131D-2.13. Establishes procedures for DHHS to approve accrediting bodies seeking to issue adult care home licenses under new GS 131D-2.4(h), including submitting an application to be reviewed for compliance with licensure requirements and residents' bill of rights set forth in state law, with DHHS denial or approval mandated within 12 months of receiving the application. Requires written notice of denial with reasoning and notice of the right to appeal under the Administrative Procedure Act. Directs DHHS to annually publish a list of criteria for measuring resident outcomes in adult care homes consistent with the criteria for assisted living program accreditation, beginning October 1, 2021. Provides for the basis of the criteria to be recommendations of the Program at Sheps Center and required consultation with approved accrediting bodies. Provides example criteria. Requires termination of approval upon noncompliance with the minimum requirements established by DHHS, with required written notice of the reasons for termination and the right of the accrediting body to appeal under the Administrative Procedure Act. 

    Section 4

    Appropriates $1.5 million from the General Fund to DHSR for 2021-22 to be allocated to the NC Senior Living Association (NCSLA), Inc. and the NC Assisted Living Association (NCALA), Inc. to jointly establish and operate an adult care home accreditation grant program, providing grant awards to up to 150 licensed adult care homes to cover the cost of obtaining and maintaining a three-year accreditation from one oft he approved accrediting bodies. Requires the Adult Care Licensure Section of DHSR to establish criteria for selection of grantees, as specified, in consultation with the Associations. Restricts use of grants to contract with an approved accrediting body for a three-year accreditation. Effective July 1, 2021. 

    Section 5

    Appropriates $350,000 from the General Fund to the UNC Board of Governors for 2021-22 to be allocated to UNC-Chapel Hill for the Program on Aging, Disability, and Long-Term Care within the Sheps Center. Restricts use of the funds to (1) developing and providing DHHS a recommended list of criteria for measuring resident outcomes in adult care homes consistent with criteria for assisted living program accreditation; provides examples; (2) monitoring and comparing the quality of approved outcomes measures in adult care home that obtained three-year assisted living program accreditation under the grant program and non-accredited adult care homes licensed in the State; and (3) preparing required reports. Directs the Program at Sheps Center to compare resident outcomes between adult care homes that participated in the grant program and non-accredited adult care homes for three year from the expiration of the grant program, with required cooperation by the Adult Care Licensure Section and approved accrediting bodies. Requires interim reports by December 1, 2022, and December 1, 2023, and a final report by December 1, 2024, to the NCGA and the DHHS Secretary, as specified. Effective July 1, 2021.