§131D‑31. Adult care home community advisory committees.
(a) Statement ofPurpose. It is the intention of the General Assembly that community advisorycommittees work to maintain the intent of the Adult Care Home Residents' Billof Rights within the licensed adult care homes in this State. It is thefurther intent of the General Assembly that the committees promote communityinvolvement and cooperation with adult care homes to ensure quality care forthe elderly and disabled adults.
(b) Establishment andAppointment of Committees.
(1) A community advisorycommittee shall be established in each county that has at least one licensedadult care home, shall serve all the homes in the county, and shall work witheach of these homes for the best interests of the residents. In a county thathas one, two, or three adult care homes with 10 or more beds, the committeeshall have five members.
(2) In a county withfour or more adult care homes with 10 or more beds, the committee shall haveone additional member for each adult care home with 10 or more beds in excessof three, and may have up to five additional members at the discretion of thecounty commissioners, not to exceed a maximum of 25 members. In each countywith four or more adult care homes with 10 or more beds, the committee shallestablish a subcommittee of no more than five members and no fewer than threemembers from the committee for each adult care home in the county. Each membermust serve on at least one subcommittee.
(3) In counties with no adultcare homes with 10 or more beds, the committee shall have five members.Regardless of how many members a particular community advisory committee isrequired to have, at least one member of each committee shall be a personinvolved in the area of mental retardation.
(4) The boards of countycommissioners are encouraged to appoint the Adult Care Home Community AdvisoryCommittees. Of the members, a minority (not less than one‑third, but asclose to one‑third as possible) shall be chosen from among personsnominated by a majority of the chief administrators of adult care homes in thecounty. If the adult care home administrators fail to make a nomination within45 days after written notification has been sent to them requesting anomination, these appointments may be made without nominations. If the countycommissioners fail to appoint members to a committee by July 1, 1983, theappointments shall be made by the Assistant Secretary for Aging, Department ofHealth and Human Services, no sooner than 45 days after nominations have beenrequested from the adult care home administrators, but no later than October 1,1983. In making appointments, the Assistant Secretary for Aging shall followthe same appointment process as that specified for the County Commissioners.
(c) Joint Nursing andAdult Care Home Community Advisory Committees. Appointment to the NursingHome Community Advisory Committees shall preclude appointment to the Adult CareHome Community Advisory Committees except where written approval to combinethese committees is obtained from the Assistant Secretary for Aging, Departmentof Health and Human Services. Where this approval is obtained, the JointNursing and Adult Care Home Community Advisory Committee shall have themembership required of Nursing Home Community Advisory Committees and oneadditional member for each adult care home with 10 or more beds licensed in thecounty. In counties with no adult care homes with 10 or more beds, there shallbe one additional member for every four other types of adult care homes in thecounty. In no case shall the number of members on the Joint Nursing and AdultCare Home Community Advisory Committee exceed 25. Each member shall exercisethe statutory rights and responsibilities of both Nursing Home Committees andAdult Care Home Committees. In making appointments to this joint committee, thecounty commissioners shall solicit nominations from both nursing and adult carehome administrators for the appointment of approximately (but no more than) one‑thirdof the members.
(d) Terms of Office. Each committee member shall serve an initial term of one year. Any personreappointed to a second or subsequent term in the same county shall serve a two‑or three‑year term at the county commissioners' discretion to ensurestaggered terms of office.
(e) Vacancies. Anyvacancy shall be filled by appointment of a person for a one‑year term. If this vacancy is in a position filled by an appointee nominated by the chiefadministrators of adult care homes within the county, then the countycommissioners shall fill the vacancy from persons nominated by a majority ofthe chief administrators. If the adult care home administrators fail to make anomination by registered mail within 45 days after written notification hasbeen sent to them requesting a nomination, this appointment may be made withoutnominations. If the county commissioners fail to fill a vacancy, the vacancymay be filled by the Assistant Secretary for Aging, Department of Health andHuman Services no sooner than 45 days after the commissioners have beennotified of the appointment or vacancy.
(f) Officers. Thecommittee shall elect from its members a chair, to serve a one‑year term.
(g) MinimumQualifications for Appointment. Each member must be a resident of the countywhich the committee serves. No person or immediate family member of a personwith a financial interest in a home served by the committee, or employee orgoverning board member of a home served by the committee, or immediate family memberof a resident in a home served by the committee may be a member of thatcommittee. Any county commissioner who is appointed to the committee shall bedeemed to be serving on the committee in an ex officio capacity. Members of thecommittee shall serve without compensation, but may be reimbursed for actualexpenses incurred by them in the performance of their duties. The names of thecommittee members and the date of expiration of their terms shall be filed withthe Division of Aging, Department of Health and Human Services.
(h) Training. TheDivision of Aging, Department of Health and Human Services, shall developtraining materials, which shall be distributed to each committee member. Eachcommittee member must receive training as specified by the Division of Agingprior to exercising any power under G.S. 131D‑32. The Division of Aging,Department of Health and Human Services, shall provide the committees withinformation, guidelines, training, and consultation to direct them in theperformance of their duties.
(i) Any writtencommunication made by a member of adult care home advisory committee within thecourse and scope of the member's duties, as specified in G.S. 131D‑32,shall be privileged to the extent provided in this subsection. This privilegeshall be a defense in a cause of action for libel if the member was acting ingood faith and the statements and communications do not amount to intentionalwrongdoing.
To the extent that any adultcare home advisory committee or any member is covered by liability insurance,that committee or member shall be deemed to have waived the qualified immunityherein to the extent of indemnification by insurance. (1981,c. 923, s. 1; 1983, c. 88, s. 1; 1987, c. 682, s. 2; 1995, c. 535, s. 14; 1997‑176,s. 2; 1997‑443, s. 11A.118(a).)
§131D‑31. Adult care home community advisory committees.
(a) Statement ofPurpose. It is the intention of the General Assembly that community advisorycommittees work to maintain the intent of the Adult Care Home Residents' Billof Rights within the licensed adult care homes in this State. It is thefurther intent of the General Assembly that the committees promote communityinvolvement and cooperation with adult care homes to ensure quality care forthe elderly and disabled adults.
(b) Establishment andAppointment of Committees.
(1) A community advisorycommittee shall be established in each county that has at least one licensedadult care home, shall serve all the homes in the county, and shall work witheach of these homes for the best interests of the residents. In a county thathas one, two, or three adult care homes with 10 or more beds, the committeeshall have five members.
(2) In a county withfour or more adult care homes with 10 or more beds, the committee shall haveone additional member for each adult care home with 10 or more beds in excessof three, and may have up to five additional members at the discretion of thecounty commissioners, not to exceed a maximum of 25 members. In each countywith four or more adult care homes with 10 or more beds, the committee shallestablish a subcommittee of no more than five members and no fewer than threemembers from the committee for each adult care home in the county. Each membermust serve on at least one subcommittee.
(3) In counties with no adultcare homes with 10 or more beds, the committee shall have five members.Regardless of how many members a particular community advisory committee isrequired to have, at least one member of each committee shall be a personinvolved in the area of mental retardation.
(4) The boards of countycommissioners are encouraged to appoint the Adult Care Home Community AdvisoryCommittees. Of the members, a minority (not less than one‑third, but asclose to one‑third as possible) shall be chosen from among personsnominated by a majority of the chief administrators of adult care homes in thecounty. If the adult care home administrators fail to make a nomination within45 days after written notification has been sent to them requesting anomination, these appointments may be made without nominations. If the countycommissioners fail to appoint members to a committee by July 1, 1983, theappointments shall be made by the Assistant Secretary for Aging, Department ofHealth and Human Services, no sooner than 45 days after nominations have beenrequested from the adult care home administrators, but no later than October 1,1983. In making appointments, the Assistant Secretary for Aging shall followthe same appointment process as that specified for the County Commissioners.
(c) Joint Nursing andAdult Care Home Community Advisory Committees. Appointment to the NursingHome Community Advisory Committees shall preclude appointment to the Adult CareHome Community Advisory Committees except where written approval to combinethese committees is obtained from the Assistant Secretary for Aging, Departmentof Health and Human Services. Where this approval is obtained, the JointNursing and Adult Care Home Community Advisory Committee shall have themembership required of Nursing Home Community Advisory Committees and oneadditional member for each adult care home with 10 or more beds licensed in thecounty. In counties with no adult care homes with 10 or more beds, there shallbe one additional member for every four other types of adult care homes in thecounty. In no case shall the number of members on the Joint Nursing and AdultCare Home Community Advisory Committee exceed 25. Each member shall exercisethe statutory rights and responsibilities of both Nursing Home Committees andAdult Care Home Committees. In making appointments to this joint committee, thecounty commissioners shall solicit nominations from both nursing and adult carehome administrators for the appointment of approximately (but no more than) one‑thirdof the members.
(d) Terms of Office. Each committee member shall serve an initial term of one year. Any personreappointed to a second or subsequent term in the same county shall serve a two‑or three‑year term at the county commissioners' discretion to ensurestaggered terms of office.
(e) Vacancies. Anyvacancy shall be filled by appointment of a person for a one‑year term. If this vacancy is in a position filled by an appointee nominated by the chiefadministrators of adult care homes within the county, then the countycommissioners shall fill the vacancy from persons nominated by a majority ofthe chief administrators. If the adult care home administrators fail to make anomination by registered mail within 45 days after written notification hasbeen sent to them requesting a nomination, this appointment may be made withoutnominations. If the county commissioners fail to fill a vacancy, the vacancymay be filled by the Assistant Secretary for Aging, Department of Health andHuman Services no sooner than 45 days after the commissioners have beennotified of the appointment or vacancy.
(f) Officers. Thecommittee shall elect from its members a chair, to serve a one‑year term.
(g) MinimumQualifications for Appointment. Each member must be a resident of the countywhich the committee serves. No person or immediate family member of a personwith a financial interest in a home served by the committee, or employee orgoverning board member of a home served by the committee, or immediate family memberof a resident in a home served by the committee may be a member of thatcommittee. Any county commissioner who is appointed to the committee shall bedeemed to be serving on the committee in an ex officio capacity. Members of thecommittee shall serve without compensation, but may be reimbursed for actualexpenses incurred by them in the performance of their duties. The names of thecommittee members and the date of expiration of their terms shall be filed withthe Division of Aging, Department of Health and Human Services.
(h) Training. TheDivision of Aging, Department of Health and Human Services, shall developtraining materials, which shall be distributed to each committee member. Eachcommittee member must receive training as specified by the Division of Agingprior to exercising any power under G.S. 131D‑32. The Division of Aging,Department of Health and Human Services, shall provide the committees withinformation, guidelines, training, and consultation to direct them in theperformance of their duties.
(i) Any writtencommunication made by a member of adult care home advisory committee within thecourse and scope of the member's duties, as specified in G.S. 131D‑32,shall be privileged to the extent provided in this subsection. This privilegeshall be a defense in a cause of action for libel if the member was acting ingood faith and the statements and communications do not amount to intentionalwrongdoing.
To the extent that any adultcare home advisory committee or any member is covered by liability insurance,that committee or member shall be deemed to have waived the qualified immunityherein to the extent of indemnification by insurance. (1981,c. 923, s. 1; 1983, c. 88, s. 1; 1987, c. 682, s. 2; 1995, c. 535, s. 14; 1997‑176,s. 2; 1997‑443, s. 11A.118(a).)
§131D‑31. Adult care home community advisory committees.
(a) Statement ofPurpose. It is the intention of the General Assembly that community advisorycommittees work to maintain the intent of the Adult Care Home Residents' Billof Rights within the licensed adult care homes in this State. It is thefurther intent of the General Assembly that the committees promote communityinvolvement and cooperation with adult care homes to ensure quality care forthe elderly and disabled adults.
(b) Establishment andAppointment of Committees.
(1) A community advisorycommittee shall be established in each county that has at least one licensedadult care home, shall serve all the homes in the county, and shall work witheach of these homes for the best interests of the residents. In a county thathas one, two, or three adult care homes with 10 or more beds, the committeeshall have five members.
(2) In a county withfour or more adult care homes with 10 or more beds, the committee shall haveone additional member for each adult care home with 10 or more beds in excessof three, and may have up to five additional members at the discretion of thecounty commissioners, not to exceed a maximum of 25 members. In each countywith four or more adult care homes with 10 or more beds, the committee shallestablish a subcommittee of no more than five members and no fewer than threemembers from the committee for each adult care home in the county. Each membermust serve on at least one subcommittee.
(3) In counties with no adultcare homes with 10 or more beds, the committee shall have five members.Regardless of how many members a particular community advisory committee isrequired to have, at least one member of each committee shall be a personinvolved in the area of mental retardation.
(4) The boards of countycommissioners are encouraged to appoint the Adult Care Home Community AdvisoryCommittees. Of the members, a minority (not less than one‑third, but asclose to one‑third as possible) shall be chosen from among personsnominated by a majority of the chief administrators of adult care homes in thecounty. If the adult care home administrators fail to make a nomination within45 days after written notification has been sent to them requesting anomination, these appointments may be made without nominations. If the countycommissioners fail to appoint members to a committee by July 1, 1983, theappointments shall be made by the Assistant Secretary for Aging, Department ofHealth and Human Services, no sooner than 45 days after nominations have beenrequested from the adult care home administrators, but no later than October 1,1983. In making appointments, the Assistant Secretary for Aging shall followthe same appointment process as that specified for the County Commissioners.
(c) Joint Nursing andAdult Care Home Community Advisory Committees. Appointment to the NursingHome Community Advisory Committees shall preclude appointment to the Adult CareHome Community Advisory Committees except where written approval to combinethese committees is obtained from the Assistant Secretary for Aging, Departmentof Health and Human Services. Where this approval is obtained, the JointNursing and Adult Care Home Community Advisory Committee shall have themembership required of Nursing Home Community Advisory Committees and oneadditional member for each adult care home with 10 or more beds licensed in thecounty. In counties with no adult care homes with 10 or more beds, there shallbe one additional member for every four other types of adult care homes in thecounty. In no case shall the number of members on the Joint Nursing and AdultCare Home Community Advisory Committee exceed 25. Each member shall exercisethe statutory rights and responsibilities of both Nursing Home Committees andAdult Care Home Committees. In making appointments to this joint committee, thecounty commissioners shall solicit nominations from both nursing and adult carehome administrators for the appointment of approximately (but no more than) one‑thirdof the members.
(d) Terms of Office. Each committee member shall serve an initial term of one year. Any personreappointed to a second or subsequent term in the same county shall serve a two‑or three‑year term at the county commissioners' discretion to ensurestaggered terms of office.
(e) Vacancies. Anyvacancy shall be filled by appointment of a person for a one‑year term. If this vacancy is in a position filled by an appointee nominated by the chiefadministrators of adult care homes within the county, then the countycommissioners shall fill the vacancy from persons nominated by a majority ofthe chief administrators. If the adult care home administrators fail to make anomination by registered mail within 45 days after written notification hasbeen sent to them requesting a nomination, this appointment may be made withoutnominations. If the county commissioners fail to fill a vacancy, the vacancymay be filled by the Assistant Secretary for Aging, Department of Health andHuman Services no sooner than 45 days after the commissioners have beennotified of the appointment or vacancy.
(f) Officers. Thecommittee shall elect from its members a chair, to serve a one‑year term.
(g) MinimumQualifications for Appointment. Each member must be a resident of the countywhich the committee serves. No person or immediate family member of a personwith a financial interest in a home served by the committee, or employee orgoverning board member of a home served by the committee, or immediate family memberof a resident in a home served by the committee may be a member of thatcommittee. Any county commissioner who is appointed to the committee shall bedeemed to be serving on the committee in an ex officio capacity. Members of thecommittee shall serve without compensation, but may be reimbursed for actualexpenses incurred by them in the performance of their duties. The names of thecommittee members and the date of expiration of their terms shall be filed withthe Division of Aging, Department of Health and Human Services.
(h) Training. TheDivision of Aging, Department of Health and Human Services, shall developtraining materials, which shall be distributed to each committee member. Eachcommittee member must receive training as specified by the Division of Agingprior to exercising any power under G.S. 131D‑32. The Division of Aging,Department of Health and Human Services, shall provide the committees withinformation, guidelines, training, and consultation to direct them in theperformance of their duties.
(i) Any writtencommunication made by a member of adult care home advisory committee within thecourse and scope of the member's duties, as specified in G.S. 131D‑32,shall be privileged to the extent provided in this subsection. This privilegeshall be a defense in a cause of action for libel if the member was acting ingood faith and the statements and communications do not amount to intentionalwrongdoing.
To the extent that any adultcare home advisory committee or any member is covered by liability insurance,that committee or member shall be deemed to have waived the qualified immunityherein to the extent of indemnification by insurance. (1981,c. 923, s. 1; 1983, c. 88, s. 1; 1987, c. 682, s. 2; 1995, c. 535, s. 14; 1997‑176,s. 2; 1997‑443, s. 11A.118(a).)
