Bill Summaries: H910 (2015-2016 Session)

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  • Summary date: Apr 20 2015 - View summary

    Enacts new GS 131D-6A, which provides as follows. Allows any facility that is certified to provide adult day care services under GS 131D‑6, adult day health services pursuant to 10A NCAC 06S, or both, to apply to the Department of Health and Human Services (DHHS) for certification to offer a program of overnight respite services. Requires DHHS to annually certify all overnight respite programs in facilities certified to provide adult day care services or adult day health services, including an inspection of each overnight respite program. Requires DHHS to establish for certification and requires that the rules limit the provision of 24‑hour care for each adult to (1) no more than 14 consecutive calendar days, or no more than 60 total calendar days, during a 365-day period or (2) the amount of respite allowed under the State's Innovations waiver or Community Alternatives Program for Disabled Adults (CAP/DA) waiver, as applicable. Also requires that the rules include minimum requirements and address 10 specified issues. Gives the Division of Health Service Regulation (Division) the authority to enforce the rules and makes the Division responsible for investigating complaints. Requires certified facilities to periodically report the number of individuals served and the average daily census. Gives the Division the authority to suspend or revoke a facility's certification to provide a program of overnight respite services at any time because of noncompliance with regulatory requirements that resulted in death or serious physical harm or when there is a substantial risk that death or serious physical harm will occur. Requires a nonrefundable initial certification fee of $350 and a nonrefundable renewal certification fee of $315.

    Amends GS  131E‑267(g) to set the fee for the review of adult day care overnight respite facility and adult day health overnight respite facility construction projects.

    Appropriates $88,000 from the General Fund to the Department of Health and Human Services, Division of Health Service Regulation, for 2015‑16 and $88,000 for 2016‑17. Requires the funds be used for one full‑time equivalent Nursing Consultant position and one full‑time equivalent Engineer/Architect position within the Division dedicated to inspecting adult day care and adult day health facilities seeking certification.

    Requires the Division of Aging and Adult Services to add adult day care overnight respite programs as a service category under the Home and Community Care Block Grant. Allows counties to use certified adult day care overnight respite programs or adult day health overnight respite programs to provide overnight respite services to caregivers of older adults from funds received under the Home and Community Care Block Grant.

    Requires the Division of Medical Assistance to amend the North Carolina Innovations waiver and the North Carolina Community Alternatives Program for Disabled Adults (CAP/DA) waiver for the purpose of allowing facilities certified to provide adult day care overnight respite programs and adult day health overnight respite programs to become allowable providers of overnight respite under each waiver.

    Effective July 1, 2015.