HB 698 — Adult Care Home Accreditation Study.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 12 HOUSE BILL 698 Committee Substitute Favorable 5/2/19 Short Title:

Adult Care Home Accreditation.Accreditation Study.

Representatives Dobson, Potts, Brisson, and Black (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Health, if favorable, Rules, Calendar, and Operations of the House April 11, 2019 A BILL TO BE ENTITLED AN ACT DIRECTING THE DEPARTMENT OF HEALTH AND HUMAN SERVICES,SERVICES DIVISION OF HEALTH SERVICE REGULATION, TO UNDERTAKESTUDY A COMPLIANCE REVIEW OF THE STANDARDS FOR OBTAINING ASSISTED LIVING PROGRAM ACCREDITATION FROM THE ACCREDITATION COMMISSION FOR HEALTH CARE;CARE TO DETERMINE THE FEASIBILITY OF ISSUING ADULT CARE HOME LICENSES BASED ON ACCREDITATION AND TO REPORT TO THE JOINT LEGISLATIVE OVERSIGHT COMMITTEE ON HEALTH AND HUMAN SERVICES.

SUBJECT TO SATISFACTORY RESULTS OF THAT COMPLIANCE REVIEW, AUTHORIZING THE DEPARTMENT TO ISSUE ADULT CARE HOME LICENSES BY VIRTUE OF ACCREDITATION;

AND EXEMPTING ACCREDITED FACILITIES FROM ROUTINE INSPECTIONS AND MONITORING AND THE STAR RATING PROGRAM FOR ASSISTED LIVING FACILITIES.

SECTION 1.(a) ItThe is the intent of the General Assemblyto authorize the Department of Health and Human Services,Services Divisionshall ofstudy Healththe Servicestandardsforobtaining Regulation,assistedlivingprogram to issue an adult care home license to any applicant that obtains assisted living program accreditation from the AccreditationAccreditationCommission Commission for Health Care withoutto determine the needfeasibility forof furtherissuing reviewadult orcare inspectionhome bylicenses thebased Department.on accreditation.

ToThe that end, beginning July 1, 2019, the Department of Health and Human Services, Division of Health Service Regulation, shall workdetermine withwhich theinspections Accreditationand Commissionrules, forif Healthany, Carewould tobe conductimpacted aif compliance review of the Commission's standards for granting assisted living program accreditation tois ensureused thatin these standards meet or exceed (i) the adult care home licensure requirementsprocess. of Part 1 of Article 1 of Chapter 131D of the General Statutes and any rules adopted under that Part and (ii) the Adult Care Home Residents' Bill of Rights established under Article 3 of Chapter 131D of the General Statutes.

ByIn Decemberaddition, 31, 2019, the Department shall completeevaluate itsapplication workof with respect to this compliance review and upon a determination that the Commission'sStar assistedRating livingProgram programto accreditation standards meet or exceed the adult care home licensure requirements and the Adult Care Home Residents' Bill of Rights described in this subsection,potentially notifyrevised thelicensing Revisorprocess. of Statutes of the same.

SECTION1.(b) SubjecttoOnorbefore adeterminationbytheMarch1,2020, Department that the Commission'sDepartment standardsshall forreportto assistedtheJoint livingLegislative programOversight accreditationCommitteeonHealthand meetHumanServices orfindings exceedandrecommendations, theincluding adultany carelegislative homechanges, licensureon requirements and the Adultstudy Carerequired Homeby Residents' Bill of Rights described in subsection (a) of thissection,theCommissionmaybeginperformingassistedlivingprogram accreditationsurveys of adult care homes licensed under this Partsection. on January 1, 2020.

G.S.This act is effective when it becomes law.

131D-2.4*H698-v-2* is amended by adding a new subsection to read:

"(h) An adult care home shall be deemed to meet the licensure requirements of this Part, and the Department shall issue a license under this Part without further review or inspection, if the facility obtains assisted living program accreditation from the Accreditation Commission for *H698-v-1* General Assembly Of North Carolina Session 2019 Health Care or another Department-approved nationally recognized accrediting bodyfor assisted living programs.

Any adult care home deemed to meet the licensure requirements of this Part by virtueofaccreditationshallsubmit thefollowingdocumentationtotheDivisionofHealthService Regulation in order to obtain a license under this subsection:

(1) A copy of its accreditation report within 30 days after receipt each time the facility is surveyed by the accrediting body.

The facility shall notify the Division of Health Service Regulation, in writing, within 30 days after any action taken by the accrediting body that temporarily or permanently affects its accreditation status.

(2) A copy of its annual fire-safety inspection from the local fire marshal within 30 days after receipt.

(3) A copy of its sanitation inspection from the local health department within 30 days after receipt.

Obtaining a license by virtue of accreditation under this subsection does not exempt an adult care home from the licensure requirements established under this Part or any rules adopted under this Part.

The Department may conduct validation surveys of adult care homes licensed by virtue of accreditation under this subsection in order to ensure compliance with applicable licensure requirements.

Adult care homes licensed by virtue of accreditation under this subsection are not subject to routine inspections by the Department or county departments of social services, as provided under G.S.

131D-2.11(a) or (b).

If the Department or a county department of social services receives acomplaint against an accreditedfacility, the Department orcountydepartment ofsocial services shall forward the complaint to the accrediting body for investigation, except that the Division of Health Service Regulation shall investigate allegations against adult care homes of abuse or neglect, as those terms are defined in 42 C.F.R.

§ 488.301.

Adult care homes licensed by virtue of accreditation under this subsection are exempt from the rules adopted by the North Carolina Medical Care Commission pursuant to G.S.

131D-10.

Instead, accredited adult care homes shall be noted as "accredited" in lieu of receiving a rating issued in accordance with the rules adopted by the North Carolina Medical Care Commission pursuant to G.S.

131D-10." SECTION 3.

Section 1 of this act is effective when it becomes law.

Section 2 of this act becomes effective January 1, 2022, if the Department of Health and Human Services, Division of Health Service Regulation, notifies the Revisor of Statutes that the Accreditation Commission for Health Care's assisted living program accreditation standards meet or exceed (i) the adult care home licensure requirements of Part 1 of Article 1 of Chapter 131D of the General Statutes and any rules adopted under that Part and (ii) the Adult Care Home Residents' Bill of Rights established under Article 3 of Chapter 131D of the General Statutes.

Page 2 House Bill 698-First Edition