2011 Legislative Session

These bills are the result of the 2011 Legislative Session.

Bill Number and Title Description Affected Section(s)
H200 State Budget Bill Home care licensure moratorium. See Section 10.49A on page 135. Prohibits licensure of new home care agencies that intend to offer in-home aide services.

Move Radiation Protection Section from Dept. of Environment and Natural Resources to DHSR effective July 1, 2011. See Section 13.3(e) on page 152.

Acute and Home Care
Radiation Protection
H397 DHHS Penalties and Remedies Implement new penalty/remedy provisions immediately upon signing by Governor. Adult Care
Mental Health
Nursing Homes
H474 Protect Adult Care Home Residents Implement annual training program as required by 12/1/11. In 2013 Requires training and passage of exam prior to working as medication aide in an adult care home.

Develop examination for adult care home employees by 10/1/12.

Survey for compliance with law by 7/1/2012.
Adult Care
H509 Exclusions for Licensure – Home Services Cease requiring licensure of certain services under G.S. 122C, Article 2. Mental Health
H618 Streamline Oversight of DHHS Providers Participate in study, review and recommendations for streamlining oversight processes for DHHS providers. All Sections
H622 Nursing Homes/Food Service Inspections Reduce food service inspections for nursing homes. Nursing Homes
H677 Discharge of Adult Care Home Residents Make rule changes under 10A NCAC 13F and 13G as necessary to conform with law. Adult Care
H678 Pilot Release of Inmates to Adult Care Homes Pilot program is for one facility only. Allows certain Department of Correction (DOC) or medical release inmates to reside in an adult care home.

Secretary can waiver certain rules (10A NCAC 13F) as needed to protect public health and safety.

DHSR will need to coordinate with Division of Aging and Adult Services (DAAS) and DOC on implementing the bill.
Adult Care
H808 Revise Laws on Adult Care Homes Allows DHSR to conduct inspections of adult care homes every two years for those homes with the highest rated certificates (4 stars).

Mandates DHSR to put an informal dispute resolution process in place similar to what is currently in place for nursing home providers.

Adult Care
S143 Detention Facility Requirements Amends G.S. 153A-221(d) to read as rewritten: "(d) Notwithstanding any law or rule to the contrary, each dormitory in a county detention facility may house up to 64 inmates as long as certain dormitory requirements are met. The law applies only to those counties that have a population in excess of 300,000, according to the most recent decennial federal census.

Amended law also restricts inmate access to certain records absent a court order.

Construction Section
S512 (SL2011-104) Authorize Overnight Respite Pilot Mandates DHHS to develop rules for licensing overnight respite facilities for adults.

DHSR will need to coordinate with DAAS on rule development.

Adult Care
S578 Facilitate Transfer of State Psychiatric Beds to Community Facility Allows the Secretary of DHHS to transfer state operated psychiatric beds to a hospital authority that has a single county local management entity (Mecklenburg). Mental Health
S781 Regulatory Reform Act Removes final agency decision and makes Administrative Law Judges decisions final. All Sections