Bill Text: NC H1698 | 2010 | Regular Session | Amended
Bill Title: Update Long-Term Care Statutes
Spectrum: Partisan Bill (Democrat 13-0)
Status: (Passed) 2010-07-08 - Ch. SL 2010-66 [H1698 Detail]
Download: North_Carolina-2010-H1698-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 3
HOUSE BILL 1698*
Corrected Copy 5/14/10
Committee Substitute Favorable 5/26/10
Short Title: Update Long‑Term Care Statutes. |
(Public) |
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Sponsors: |
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Referred to: |
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May 13, 2010
A BILL TO BE ENTITLED
AN ACT to update and clarify North Carolina's General Statutes on Older Adults and Long‑Term Services and supports, as recommended by the north carolina study commission on aging.
Whereas, the North Carolina General Assembly is committed to having North Carolina recognized as a leader in supporting long‑term services and supports; and
Whereas, the State is building on the following federal and State supported person‑centered initiatives: aging and disability resource centers or Community Resource Connections for Aging and Disabilities, evidence‑based health promotion, caregiver supports for persons with Alzheimer's disease, lifespan respite programs, consumer‑directed care, transitional care, and promotion of community living for persons who might otherwise become Medicaid eligible if placed in a skilled nursing facility; Now, therefore,
The General Assembly of North Carolina enacts:
SECTION 1. Part 14A, Article 3, Chapter 143B of the General Statutes reads as rewritten:
"Part 14A. Policy Act for
the Aging. Older Adults.
"§ 143B‑181.3.
Statement of principles. Older adults – findings; policy.
To utilize effectively the resources of our State, to
provide a better quality of life for our senior citizens, and to assure older
adults the right of choosing where and how they want to live, the following
principles are hereby endorsed:
(a) The North Carolina General Assembly finds the following:
(1) Older people adults should be able to
live as normal a life independently as possible. possible,
and to live free from abuse, neglect, and exploitation.
(2) Older adults should have opportunities to be
involved in their communities in ways they desire.a choice of life
styles which will allow them to remain contributing members of society for as
long as possible.
(3) Preventive and primary health care are necessary to
keep older adults active and contributing members of society. assure
optimal health and to enable active social and civic engagement by older
adults.
(4) Sufficient opportunities for Appropriate training
in gerontology and geriatrics should be developed and readily available for
individuals serving older adults.
(5) Transportation to meet daily needs and to make
accessible a broad range of services should be provided so that older persons may
realize their full potential.Older adults should have access to a broad
range of services, supports, and opportunities, and they should have
transportation options available to allow access to these services and to meet their
daily needs and interests.
(6) Services for older adults should be person‑centered
and coordinated so that all their an individual's needs can
be served efficiently and effectively.met efficiently, effectively,
and in the least restrictive environment.
(7) Information should be readily available in each
county on all programs and services for older adults. citizens
and advocacy for these services should be available in each county.
(8) Increased employment opportunities for older
adults should be made available.Older adults should have adequate
opportunities for employment.
(9) Each county should have available a variety of
housing options, including retirement housing, accessible affordable rental
housing, and opportunities for residential home modifications, in order to
allow older adults to remain in their communities. Options in housing
should be made available.
(10) Older adults and their caregivers should have
input in the planning and evaluation of programs and services for older adults,
and they should have opportunities to advocate for these programs and services.
Planning for programs for older citizens should always be done in
consultation with them.
(11) The State should aid assist older people
adults who desire to remain as independent as possible to help
themselves and should encourage and support families in caring for
their older members.
(b) It is the policy of the State to effectively utilize its resources to support and enhance the quality of life for older adults in North Carolina."
SECTION 2. Part 14B, Article 3, Chapter 143B of the General Statutes reads as rewritten:
"Part 14B. Long‑Term Care.Services and
Supports.
"§ 143B‑181.5.
Long‑term care services and supports – findings.policy.
The North Carolina General Assembly finds that the aging of
the population and advanced medical technology have resulted in a growing
number of persons who require assistance. long‑term services
and supports. The primary resource resources for long‑term
care provision assistance continues to be the family and
friends. However, these traditional caregivers are increasingly employed
outside the home. There is growing demand for improvement and expansion of home
and community‑based long‑term care services to support and services
and supports to complement the services care provided by these
informal caregivers.
The North Carolina General Assembly further finds that the
public interest would best be served by a broad array of long‑term care
services and supports that support enable persons who
need such services to remain in the home or in the community whenever
practicable and that promote individual autonomy, dignity, and choice.autonomy
and dignity as these individuals exercise choice and control over their lives.
The North Carolina General Assembly finds that as other long‑term
care service and support options become more readily available,
the relative need for institutional care will stabilize or decline
relative to the growing aging population.population of older adults
and people living with disabilities. The General Assembly recognizes,
however, that institutional care will continue to be a critical part of the
State's long‑term care service and support options and that
such services care should promote individual dignity, autonomy,
and a home like environment.
"§ 143B‑181.6. Purpose and intent.
It is the North Carolina General Assembly's intent in the
State's development and implementation of long‑term care policies that:The
development and implementation of policies for long‑term services and
supports should reflect the intent of the North Carolina General Assembly as
follows:
(1) Long‑term care services and
supports administered by the Department of Health and Human Services and
other State and local agencies shall include a balanced array of health,
social, and supportive services that are well coordinated to promote
individual choice, dignity, and the highest practicable level of independence;
independence.
(2) Home and community‑based services shall be
developed, expanded, or maintained in order to meet the needs of consumers in
the least confusing and least restrictive manner. manner and Services
should be based on the desires of the elderly older adults, persons
with disabilities, and their families;families, and others
that support them.
(3) All services shall be responsive and appropriate to
individual need and shall be delivered through a uniform and seamless
system that is flexible and responsive regardless of funding source;
source. Information and services shall be available through the effective use
of Community Resource Connections for Aging and Disabilities as they are
developed throughout the State.
(4) Services shall be available to all elderly persons
who need them them, but shall be targeted primarily to
the those citizens who are the most frail, frail and
those with the greatest need. needy elderly;
(5) State and local agencies shall maximize the use of
limited resources by establishing a fee system for persons who have the ability
to pay;pay.
(6) Institutional care Care provided in
facilities shall be provided offered in such a manner and in
such an environment as to promote for each resident, maintenance of
health, or enhancement of the quality of life of each resident
life, and timely discharge to a less restrictive care setting when appropriate;
and appropriate.
(7) State health planning for institutional bed supply
shall take into account increased availability of other home and
community‑based services options.
(8) In an effort to maximize the use of limited resources, State and local agencies shall invest in supports for families and other informal caregivers of persons requiring assistance.
(9) Emphasis shall be placed on offering evidence‑based activities to promote healthy aging, prevent injuries, and manage chronic diseases and conditions.
(10) Individuals and families shall be encouraged and supported in planning for and financing their own future needs for long‑term services and supports."
SECTION 3. This act is effective when it becomes law.