State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-181_1

§ 143B‑181.1. Division of Aging – creation, powers and duties.

(a)        There is hereby created within the office of the Secretaryof the Department of Health and Human Services a Division of Aging, which shallhave the following functions and duties:

(1)        To maintain a continuing review of existing programs for theaging in the State of North Carolina, and periodically make recommendations tothe Secretary of Health and Human Services for transmittal to the Governor andthe General Assembly as appropriate for improvements in and additions to suchprograms;

(2)        To study, collect, maintain, publish and disseminate factualdata and pertinent information relative to all aspects of aging. These includethe societal, economic, educational, recreational and health needs andopportunities of the aging;

(3)        To stimulate, inform, educate and assist localorganizations, the community at large, and older people themselves about aging,including needs, resources and opportunities for the aging, and about the rolethey can play in improving conditions for the aging;

(4)        To serve as the agency through which various public andnonpublic organizations concerned with the aged can exchange information,coordinate programs, and be helped to engage in joint endeavors;

(5)        To provide advice, information and technical assistance toNorth Carolina State government departments and agencies and to nongovernmentalorganizations which may be considering the inauguration of services, programs,or facilities for the aging, or which can be stimulated to take such action;

(6)        To coordinate governmental programs with private agencyprograms for aging in order that such efforts be effective and that duplicationand wasted effort be prevented or eliminated;

(7)        To promote employment opportunities as well as proper andadequate recreational use of leisure for older people, including opportunitiesfor uncompensated but satisfying volunteer work;

(8)        To identify research needs, encourage research, and assistin obtaining funds for research and demonstration projects;

(9)        To establish or help to establish demonstration programs ofservices to the aging;

(10)      To establish a fee schedule to cover the cost of providing in‑homeand community‑based services funded by the Division. The fees may vary onthe basis of the type of service provided and the ability of the recipient topay for the service. The fees may be imposed on the recipient of a serviceunless prohibited by federal law. The local agency shall retain the fee and useit to extend the availability of in‑home and community‑basedservices provided by the Division in support of functionally impaired olderadults and family caregivers of functionally impaired older adults;

(11)      To administer a Home and Community Care Block Grant for olderadults, effective July 1, 1992. The Home and Community Care Block Grant shallbe comprised of applicable Older Americans Act funds, Social Services BlockGrant funding in support of the Respite Care Program (G.S. 143B‑181.10),State funds for home and community care services administered by the Divisionof Aging, portions of the State In‑Home and Adult Day Care funds (Chapter1048, 1981 Session Laws) administered by the Division of Social Services whichsupport services to older adults, and other funds appropriated by the GeneralAssembly as part of the Home and Community Care Block Grant. Funding currentlyadministered by the Division of Social Services to be included in the blockgrant will be based on the expenditures for older adults at a point in time tobe mutually determined by the Divisions of Social Services and Aging. The totalamount of Older Americans Act funds to be included in the Home and CommunityCare Block Grant and the matching rates for the block grant shall beestablished by the Department of Health and Human Services, Division of Aging.Allocations made to counties in support of older adults shall not be less thanresources made available for the period July 1, 1990, through June 30, 1991,contingent upon availability of current State and federal funding; and

(12)      To organize, coordinate, and provide staff support to theNorth Carolina Senior Tar Heel Legislature.

(b)        The Division shall function under the authority of theDepartment of Health and Human Services and the Secretary of Health and HumanServices as provided in the Executive Organization Act of 1973 and shallperform such other duties as are assigned by the Secretary.

(c)        The Secretary of Health and Human Services shall adopt rulesto implement this Part and Title 42, Chapter 35, of the United States Code,entitled Programs for Older Americans. (1977, c. 242, s. 4; 1981, c. 614, s. 19; 1987, c. 827, s. 244; 1991,c. 52, s. 1; c. 241, s. 1; 1993, c. 503, s. 2; 1997‑443, s. 11A.118(a).)