GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 2000-111
The General Assembly of North Carolina enacts:
Section 1. G.S. 131D-4.3(a) reads as rewritten:
"(a) Pursuant to G.S. 143B-153,
the Social Services 143B-165, the North Carolina Medical Care Commission
shall adopt rules to ensure at a minimum, but shall not be limited to, the
provision of the following by adult care homes:
(1) Client
assessment and independent case management;
(2) A minimum of 75 hours of training for personal care aides performing heavy care tasks and a minimum of 40 hours of training for all personal care aides. The training for aides providing heavy care tasks shall be comparable to State-approved Certified Nurse Aide I training. For those aides meeting the 40-hour requirement, at least 20 hours shall be classroom training to include at a minimum:
a. Basic nursing skills;
b. Personal care skills;
c. Cognitive, behavioral, and social care;
d. Basic restorative services; and
e. Residents' rights.
A minimum of 20 hours of training shall be provided for aides in family care homes that do not have heavy care residents. Persons who either pass a competency examination developed by the Department of Health and Human Services, have been employed as personal care aides for a period of time as established by the Department, or meet minimum requirements of a combination of training, testing, and experience as established by the Department shall be exempt from the training requirements of this subdivision;
(3) Monitoring and supervision of residents;
(4) Oversight and quality of care as stated in G.S. 131D-4.1; and
(5) Adult care homes shall comply with all of the following staffing requirements:
a. First shift (morning): 0.4 hours of aide duty for each resident (licensed capacity or resident census), or 8.0 hours of aide duty per each 20 residents (licensed capacity or resident census) plus 3.0 hours for all other residents, whichever is greater;
b. Second shift (afternoon): 0.4 hours of aide duty for each resident (licensed capacity or resident census), or 8.0 hours of aide duty per each 20 residents plus 3.0 hours for all other residents (licensed capacity or resident census), whichever is greater;
c. Third shift (evening): 8.0 hours of aide duty per 30 or fewer residents (licensed capacity or resident census).
In addition to these requirements, the facility shall provide staff to meet the needs of the facility's heavy care residents equal to the amount of time reimbursed by Medicaid. As used in this subdivision, the term 'heavy care resident' means an individual residing in an adult care home who is defined 'heavy care' by Medicaid and for which the facility is receiving enhanced Medicaid payments for such needs."
Section 2. G.S. 131D-4.5(5) reads as rewritten:
"§ 131D-4.5. Rules adopted by Medical Care Commission.
The Medical Care Commission shall adopt rules as follows:
…
(5) Implementing the due
process and appeal rights for discharge and transfer of residents in adult care
homes afforded by G.S. 131D-21. The rules may provide for procedures comparable
to those provided to nursing home residents pursuant to federal law, to Chapter
131E of the General Statutes, and to related rules. shall offer at least
the same protections to residents as State and federal rules and regulations
governing the transfer or discharge of residents from nursing homes."
Section 3. G.S. 131D-21(17) reads as rewritten:
"§ 131D-21. Declaration of residents' rights.
Each facility shall treat its residents in accordance with the provisions of this Article. Every resident shall have the following rights:
…
(17) To not be transferred or
discharged from a facility except for medical reasons, the residents' own or
other residents' welfare, nonpayment for the stay, or when the transfer is
mandated under State or federal law. The resident shall be given at least 30
days' advance notice to ensure orderly transfer or discharge, except in the
case of jeopardy to the health or safety of the resident or others in the home.
The resident has the right to appeal a facility's attempt to transfer or
discharge the resident pursuant to rules adopted by the Secretary, Medical
Care Commission, and the resident shall be allowed to remain in the
facility until resolution of the appeal unless otherwise provided by law. The Secretary
Medical Care Commission shall adopt rules pertaining to the transfer
and discharge of residents that offer at least the same protections to
residents as State and federal rules and regulations governing the transfer or
discharge of residents from nursing homes."
Section 4. G.S. 143B-153(2) reads as rewritten:
"(2) The Social Services Commission shall have the power and duty to establish standards and adopt rules and regulations:
a. For the programs of public assistance established by federal legislation and by Article 2 of Chapter 108A of the General Statutes of the State of North Carolina with the exception of the program of medical assistance established by G.S. 108A-25(b);
b. To achieve maximum cooperation with other agencies of the State and with agencies of other states and of the federal government in rendering services to strengthen and maintain family life and to help recipients of public assistance obtain self-support and self-care;
c. For the
placement and supervision of dependent juveniles and of delinquent juveniles
who are placed in the custody of the Office of Juvenile Justice, and payment of
necessary costs of foster home care for needy and homeless children as provided
by G.S. 108A-48; and
d. For the
payment of State funds to private child-placing agencies as defined in G.S.
131D-10.2(4) and residential child care facilities as defined in G.S.
131D-10.2(13) for care and services provided to children who are in the custody
or placement responsibility of a county department of social services. services;
and
e. For client assessment and independent case management pertaining to the functions of county departments of social services for public assistance programs authorized under paragraph a. of this subdivision."
Section 5. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 4th day of July, 2000.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker Pro Tempore of the House of Representatives
s/ James B. Hunt, Jr.
Governor
Approved 8:33 a.m. this 14th day of July, 2000