Licensing of Overnight Respite Services
On April 30, 2026, House Bill 696 was signed into law and became S.L. 2026-1. This new law titled “Increased Bed Capacity for Facilities Licensed to Provide a Program of Overnight Respite Services” revised N.C.G.S. 131D-6.1(c) governing licensed overnight respite services in adult day programs. The changes provided in the new law become effective on July 1, 2026.
S.L. 2026-1 makes significant changes to the allowable capacity and number of individuals who can be served in these overnight respite programs. S.L. 2026-1 also gives authority to the Medical Care Commission for adopting emergency and temporary rules as necessary to implement the new requirements of G.S. 131D-6.1(c). Current rules governing the licensing of overnight respite services in adult day programs are found in Subchapter 13E of Title 10A of the Administrative Code. Given the changes to the law that will become effective July 1, 2026, and the fact that temporary or permanent rulemaking cannot be accomplished by that date, the Agency is making certain amendments to the existing rules to conform with the provisions in S.L. 2026-1 that become effective July 1, 2026. Additionally, in order to implement the provisions of the new law, various existing rules need to be amended to ensure the health, safety and welfare of overnight respite participants, including changes to staffing, physical plant, and life safety requirements.
Therefore, the Agency seeks to amend Subchapter 13E of Title 10A under emergency and temporary procedures.
Notification of proposed readoption rules
- Proposed Effective Date: November 1, 2026
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Public Comment Period: June 19, 2026 – July 20, 2026
Comments may be submitted by:- Email: [email protected]
- Mail: Shanah Black, Division of Health Service Regulation, 2701 Mail Service Center, Raleigh, NC 27699-2701
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Public Hearing:
- Date: July 15, 2026
- Time: 10:00 a.m.
- Location: DHHS Headquarters, 1915 Health Service Ways, 2210 Conf Rm, Raleigh, NC 27607
- The notice of text as approved by the N.C. Medical Care Commission on June 18, 2026:
- 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.