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, these proposed readoption rules were part of the 97 total rules determined as “Necessary With Substantive Public Interest,” requiring readoption. With input from stakeholders, substantive changes are proposed for readoption for the regulation of licensed Adult Care Homes and Family Care Homes in N.C. An additional 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 agency is proposing changes to update and clarify the requirements for capacity in family care homes as well as the housekeeping and furnishing requirements in adult and family care homes. The agency is also proposing changes to the fire safety and disaster plan requirements to now include the development of emergency preparedness plans to align with current practices and trends in the industry. The proposed rule language now includes the contents for emergency preparedness plans. Proposed changes also include updates to the star-rating rules to be consistent with the existing requirements in N.C. Gen. Stat. 131D-10 and to ensure the requirements are clear and unambiguous. Changes are also being proposed to resident assessment and care plan rules to remove outdated language and clarify how the assessment is to be completed and the care plan is to be developed and used to meet the needs of residents. There are approximately 582 licensed adult care home facilities with seven or more beds and 530 family care home facilities with 6 or fewer beds in North Carolina. All facilities are privately owned and operated. In addition, the proposed rules update standards, clarify rule text, remove unnecessary text, make technical changes, and remove unnecessary and outdated requirements.
These rules have been broken up into 3 groups (Groups A, B, and C) based on effective date. These are the last groups of periodic review rules.
- Notification of proposed readoption rules
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Proposed Effective Date:
- Group A: February 1, 2025
- Group B: May 1, 2025
- Group C: August 1, 2025
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Public Comment Period: : September 16, 2024 – November 15, 2024
Comments may be submitted by:- Email: [email protected]
- Mail: Shanah Black, Division of Health Service Regulation, 809 Ruggles Drive, 2701 Mail Service Center, Raleigh, NC 27699-2701
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Public Hearing:
- Date: October 22, 2024
- Time: 10:00 a.m.
- Location: Dorothea Dix Park, Edgerton Building, Room 026, 809 Ruggles Drive, Raleigh, NC 27603
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The fiscal note was approved by:
- OSBM on April 22, 2024 and August 22, 2024
- N.C. Medical Care Commission on May 17, 2024
- Rule Fiscal Note
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Federal Certification required by GS 150B-19.1(g)
- Not applicable for these rules
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The notice of text as approved by the N.C. Medical Care Commission on May 13, 2022:
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Group A:
- 10A NCAC 13F .0206
- 10A NCAC 13F .0306
- 10A NCAC 13F .0301
- 10A NCAC 13F .0302
- 10A NCAC 13F .0304
- 10A NCAC 13F .0305
- 10A NCAC 13F .0307
- 10A NCAC 13F .0310
- 10A NCAC 13F .0311
- 10A NCAC 13F .1304
- 10A NCAC 13F .1501
- 10A NCAC 13G .0206
- 10A NCAC 13G .0301
- 10A NCAC 13G .0302
- 10A NCAC 13G .0305
- 10A NCAC 13G .0306
- 10A NCAC 13G .0307
- 10A NCAC 13G .0308
- 10A NCAC 13G .0309
- 10A NCAC 13G .0312
- 10A NCAC 13G .0313
- 10A NCAC 13G .0315
- 10A NCAC 13G .0317
- 10A NCAC 13G .0318
- Group B:
- Group C:
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Group A:
- 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.