Bill Summary for S 274 (2023-2024)

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Summary date: 

Mar 22 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 274 (Public) Filed Thursday, March 9, 2023
AN ACT DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO EXEMPT CERTAIN HOME ASSISTANCE SERVICES FROM HOME CARE LICENSURE REQUIREMENTS.
Intro. by Perry, Sawyer, Overcash.

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Bill 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.