§ 131D‑6. Certificationof adult day care programs; purpose; definition; penalty.
(a) It is the policy ofthis State to enable people who would otherwise need full‑time care awayfrom their own residences to remain in their residences as long as possible andto enjoy as much independence as possible. One of the programs that permitsadults to remain in their residences and with their families is adult day care.
(b) As used in thissection "adult day care program" means the provision of group careand supervision in a place other than their usual place of abode on a less than24‑hour basis to adults who may be physically or mentally disabled. TheDepartment of Health and Human Services shall annually inspect and certify alladult day care programs, under rules adopted by the Social Services Commission.The Social Services Commission shall adopt rules to protect the health, safety,and welfare of persons in adult day care programs. These rules shall includeminimum standards relating to management of the program, staffing requirements,building requirements, fire safety, sanitation, nutrition, and programactivities. Adult day care programs are not required to provide transportationto participants; however, those programs that choose to provide transportation shallcomply with rules adopted by the Commission for the health and safety ofparticipants during transport.
The Department of Health andHuman Services shall enforce the rules of the Social Services Commission.
(b1) An adult day careprogram that provides or that advertises, markets, or otherwise promotes itselfas providing special care services for persons with Alzheimer's disease orother dementias, a mental health disability, or other special needs disease orcondition shall provide the following written disclosures to the Department andto persons seeking adult day care program special care services:
(1) A statement of theoverall philosophy and mission of the adult day care program and how itreflects the special needs of participants with dementia.
(2) The process andcriteria for providing or discontinuing special care services.
(3) The process used forassessment and establishment of the plan of care and its implementation,including how the plan of care is responsive to changes in the participant'scondition.
(4) Staffing ratios andhow they meet the participant's need for increased special care andsupervision.
(5) Staff training thatis dementia‑specific.
(6) Physical environmentand design features that specifically address the needs of participants withAlzheimer's disease or other dementias.
(7) Frequency and typeof participant activities provided.
(8) Involvement offamilies in special care and availability of family support programs.
(9) Additional costs andfees to the participant for special care.
(b2) As part of itscertification renewal procedures and inspections, the Department shall examinefor accuracy the written disclosure of each adult day care program subject tothis section. Substantial changes to written disclosures shall be reported tothe Department at the time the change is made.
(b3) Nothing in thissection shall be construed as prohibiting an adult day care program that doesnot advertise, market, or otherwise promote itself as providing special careservices for persons with Alzheimer's disease or other dementias from providingadult day care services to persons with Alzheimer's disease or other dementias,a mental health disability, or other special needs disease or condition.
(b4) As used in thissection, the term "special care service" means a program, service, oractivity designed especially for participants with Alzheimer's disease or otherdementias, a mental health disability, or other special needs disease orcondition as determined by the Medical Care Commission.
(c) The Secretary mayimpose a civil penalty not to exceed one hundred dollars ($100.00) for eachviolation on a person, firm, agency, or corporation who willfully violates anyprovision of this section or any rule adopted by the Social Services Commissionpursuant to this section. Each day of a continuing violation constitutes aseparate violation.
In determining the amount ofthe civil penalty, the Secretary shall consider the degree and extent of theharm or potential harm caused by the violation.
The Social Services Commissionshall adopt rules concerning the imposition of civil penalties under thissubsection.
The clear proceeds of civilpenalties imposed pursuant to this subsection shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(c1) Any person, firm,agency, or corporation that harms or willfully neglects a person under its careis guilty of a Class 1 misdemeanor.
(d) The followingprograms are exempted from the provisions of this section:
(1) Those that care forthree people or less;
(2) Those that care fortwo or more persons, all of whom are related by blood or marriage to theoperator of the facility;
(3) Those that arerequired by other statutes to be licensed by the Department of Health and HumanServices. (1985,c. 349, s. 1; 1993, c. 539, s. 954; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑443,s. 11A.118(a); 1998‑215, s. 77; 1999‑334, s. 2.2; 2001‑90, s.1.)
§ 131D‑6. Certificationof adult day care programs; purpose; definition; penalty.
(a) It is the policy ofthis State to enable people who would otherwise need full‑time care awayfrom their own residences to remain in their residences as long as possible andto enjoy as much independence as possible. One of the programs that permitsadults to remain in their residences and with their families is adult day care.
(b) As used in thissection "adult day care program" means the provision of group careand supervision in a place other than their usual place of abode on a less than24‑hour basis to adults who may be physically or mentally disabled. TheDepartment of Health and Human Services shall annually inspect and certify alladult day care programs, under rules adopted by the Social Services Commission.The Social Services Commission shall adopt rules to protect the health, safety,and welfare of persons in adult day care programs. These rules shall includeminimum standards relating to management of the program, staffing requirements,building requirements, fire safety, sanitation, nutrition, and programactivities. Adult day care programs are not required to provide transportationto participants; however, those programs that choose to provide transportation shallcomply with rules adopted by the Commission for the health and safety ofparticipants during transport.
The Department of Health andHuman Services shall enforce the rules of the Social Services Commission.
(b1) An adult day careprogram that provides or that advertises, markets, or otherwise promotes itselfas providing special care services for persons with Alzheimer's disease orother dementias, a mental health disability, or other special needs disease orcondition shall provide the following written disclosures to the Department andto persons seeking adult day care program special care services:
(1) A statement of theoverall philosophy and mission of the adult day care program and how itreflects the special needs of participants with dementia.
(2) The process andcriteria for providing or discontinuing special care services.
(3) The process used forassessment and establishment of the plan of care and its implementation,including how the plan of care is responsive to changes in the participant'scondition.
(4) Staffing ratios andhow they meet the participant's need for increased special care andsupervision.
(5) Staff training thatis dementia‑specific.
(6) Physical environmentand design features that specifically address the needs of participants withAlzheimer's disease or other dementias.
(7) Frequency and typeof participant activities provided.
(8) Involvement offamilies in special care and availability of family support programs.
(9) Additional costs andfees to the participant for special care.
(b2) As part of itscertification renewal procedures and inspections, the Department shall examinefor accuracy the written disclosure of each adult day care program subject tothis section. Substantial changes to written disclosures shall be reported tothe Department at the time the change is made.
(b3) Nothing in thissection shall be construed as prohibiting an adult day care program that doesnot advertise, market, or otherwise promote itself as providing special careservices for persons with Alzheimer's disease or other dementias from providingadult day care services to persons with Alzheimer's disease or other dementias,a mental health disability, or other special needs disease or condition.
(b4) As used in thissection, the term "special care service" means a program, service, oractivity designed especially for participants with Alzheimer's disease or otherdementias, a mental health disability, or other special needs disease orcondition as determined by the Medical Care Commission.
(c) The Secretary mayimpose a civil penalty not to exceed one hundred dollars ($100.00) for eachviolation on a person, firm, agency, or corporation who willfully violates anyprovision of this section or any rule adopted by the Social Services Commissionpursuant to this section. Each day of a continuing violation constitutes aseparate violation.
In determining the amount ofthe civil penalty, the Secretary shall consider the degree and extent of theharm or potential harm caused by the violation.
The Social Services Commissionshall adopt rules concerning the imposition of civil penalties under thissubsection.
The clear proceeds of civilpenalties imposed pursuant to this subsection shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(c1) Any person, firm,agency, or corporation that harms or willfully neglects a person under its careis guilty of a Class 1 misdemeanor.
(d) The followingprograms are exempted from the provisions of this section:
(1) Those that care forthree people or less;
(2) Those that care fortwo or more persons, all of whom are related by blood or marriage to theoperator of the facility;
(3) Those that arerequired by other statutes to be licensed by the Department of Health and HumanServices. (1985,c. 349, s. 1; 1993, c. 539, s. 954; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑443,s. 11A.118(a); 1998‑215, s. 77; 1999‑334, s. 2.2; 2001‑90, s.1.)
§ 131D‑6. Certificationof adult day care programs; purpose; definition; penalty.
(a) It is the policy ofthis State to enable people who would otherwise need full‑time care awayfrom their own residences to remain in their residences as long as possible andto enjoy as much independence as possible. One of the programs that permitsadults to remain in their residences and with their families is adult day care.
(b) As used in thissection "adult day care program" means the provision of group careand supervision in a place other than their usual place of abode on a less than24‑hour basis to adults who may be physically or mentally disabled. TheDepartment of Health and Human Services shall annually inspect and certify alladult day care programs, under rules adopted by the Social Services Commission.The Social Services Commission shall adopt rules to protect the health, safety,and welfare of persons in adult day care programs. These rules shall includeminimum standards relating to management of the program, staffing requirements,building requirements, fire safety, sanitation, nutrition, and programactivities. Adult day care programs are not required to provide transportationto participants; however, those programs that choose to provide transportation shallcomply with rules adopted by the Commission for the health and safety ofparticipants during transport.
The Department of Health andHuman Services shall enforce the rules of the Social Services Commission.
(b1) An adult day careprogram that provides or that advertises, markets, or otherwise promotes itselfas providing special care services for persons with Alzheimer's disease orother dementias, a mental health disability, or other special needs disease orcondition shall provide the following written disclosures to the Department andto persons seeking adult day care program special care services:
(1) A statement of theoverall philosophy and mission of the adult day care program and how itreflects the special needs of participants with dementia.
(2) The process andcriteria for providing or discontinuing special care services.
(3) The process used forassessment and establishment of the plan of care and its implementation,including how the plan of care is responsive to changes in the participant'scondition.
(4) Staffing ratios andhow they meet the participant's need for increased special care andsupervision.
(5) Staff training thatis dementia‑specific.
(6) Physical environmentand design features that specifically address the needs of participants withAlzheimer's disease or other dementias.
(7) Frequency and typeof participant activities provided.
(8) Involvement offamilies in special care and availability of family support programs.
(9) Additional costs andfees to the participant for special care.
(b2) As part of itscertification renewal procedures and inspections, the Department shall examinefor accuracy the written disclosure of each adult day care program subject tothis section. Substantial changes to written disclosures shall be reported tothe Department at the time the change is made.
(b3) Nothing in thissection shall be construed as prohibiting an adult day care program that doesnot advertise, market, or otherwise promote itself as providing special careservices for persons with Alzheimer's disease or other dementias from providingadult day care services to persons with Alzheimer's disease or other dementias,a mental health disability, or other special needs disease or condition.
(b4) As used in thissection, the term "special care service" means a program, service, oractivity designed especially for participants with Alzheimer's disease or otherdementias, a mental health disability, or other special needs disease orcondition as determined by the Medical Care Commission.
(c) The Secretary mayimpose a civil penalty not to exceed one hundred dollars ($100.00) for eachviolation on a person, firm, agency, or corporation who willfully violates anyprovision of this section or any rule adopted by the Social Services Commissionpursuant to this section. Each day of a continuing violation constitutes aseparate violation.
In determining the amount ofthe civil penalty, the Secretary shall consider the degree and extent of theharm or potential harm caused by the violation.
The Social Services Commissionshall adopt rules concerning the imposition of civil penalties under thissubsection.
The clear proceeds of civilpenalties imposed pursuant to this subsection shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(c1) Any person, firm,agency, or corporation that harms or willfully neglects a person under its careis guilty of a Class 1 misdemeanor.
(d) The followingprograms are exempted from the provisions of this section:
(1) Those that care forthree people or less;
(2) Those that care fortwo or more persons, all of whom are related by blood or marriage to theoperator of the facility;
(3) Those that arerequired by other statutes to be licensed by the Department of Health and HumanServices. (1985,c. 349, s. 1; 1993, c. 539, s. 954; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑443,s. 11A.118(a); 1998‑215, s. 77; 1999‑334, s. 2.2; 2001‑90, s.1.)
