Adult Care Home and Family Care Home Rules
Pursuant to GS 150B-21.3A, Periodic Review and Expiration of Existing Rules, all rules are reviewed at least every 10 years, or they shall expire. As a result of the periodic review of Subchapters 10A NCAC 13F, Licensing of Adult Care Homes of Seven or More Beds, and 10A NCAC 13G, Licensing of Family Care Homes, 97 total rules were determined as “Necessary With Substantive Public Interest,” requiring readoption. At this time, nine rules are proposed for readoption. With input from stakeholders, substantive changes are proposed to six rules for readoption, two rules are proposed without substantive changes for readoption, one rule is proposed for repeal through readoption and in addition, two rules are proposed for amendment for the regulation of licensed Adult Care Homes and Family Care Homes in N.C. The secondary intent of the proposed rules is to make the rules of these two types of assisted living residences comparable, if not the same, for regulatory efficiency since they both house the same type of residents as permitted by law.
The proposed rules for licensed Adult Care Homes and Family Care Homes update the admission requirements that include the resident's admission medical examination, the medical examination form and required elements of the form, hospital discharge instructions and orders, mental health or psychiatric follow up care needs for residents, and readmission following hospitalization. The proposed rules add the requirement to include the resident for review of the Resident Contract and the completion of the Resident Register, update resident contract information, clarify the process for issuing a 30-day notice of a change in charges for resident services and accommodations, and reference the N.C. General Statute for house rules compliance. The proposed rules revise the process for the verification of a resident's personal funds transaction and needs allowance statements, and clarify the business process for these actions. The requirements in Rule 10A NCAC 13G .0703 were relocated and combined in proposed Rule 10A NCAC 13G .0704. Therefore, this rule is proposed for repeal through readoption because it is unnecessary. The proposed rules add definitions for a physican extender, cost of care, and an authorized representative. In addition, technical changes were made to the proposed text, repealed statutory references were removed, rule references were updated, unneeded text was removed, and clarifying text changes were made to these proposed rules.
- Notification of proposed readoption/amendment rules
- Proposed Effective Date: January 1, 2024
- Public Comment Period: June 15, 2023 - August 14, 2023
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Comments may be submitted by:
- Email: [email protected]
- Mail: Nadine Pfeiffer, Division of Health Service Regulation, 809 Ruggles Drive, 2701 Mail Service Center, Raleigh, NC 27699-2701
- Public Hearing:
- Date: August 7, 2023
- Time: 3:00 p.m.
- Location: Dorothea Dix Park, Brown Building, Room 104, 801 Biggs Drive, Raleigh, NC 27603
- The fiscal note was approved by:
- OSBM on April 11, 2023
- N.C. Medical Care Commission on May 19, 2023
- Rule Fiscal Note
- Federal Certification required by GS 150B-19.1(g)
- Not applicable for these rules
- The notice of text as approved by the N.C. Medical Care Commission on May 19, 2023:
- Public comments
- Procedure for subjecting a proposed rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1) . The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.
- These rules were approved by the Rules Review Commission on January 31, 2024.
- 10A NCAC 13F .0703
- 10A NCAC 13F .0704
- 10A NCAC 13F .1103
- 10A NCAC 13F .1104
- 10A NCAC 13F .1106
- 10A NCAC 13G .0702
- 10A NCAC 13G .0703
- 10A NCAC 13G .0704
- 10A NCAC 13G .1102
- 10A NCAC 13G .1103
- 10A NCAC 13G .1106
- The effective date of these rules is June 1, 2024.