GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H D
HOUSE DRH60023-SHz-26* (04/01)
Short Title: Update Long-Term Care Statutes. |
(Public) |
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Sponsors: |
Representatives Farmer-Butterfield, Pierce, Weiss, and England (Primary Sponsors). |
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Referred to: |
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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 of abuse, neglect, and exploitation.
(2) Older adults should have a choice of life styles
lifestyles 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.
(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 available so
that older persons adults may realize their full potential.
(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.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.
(9) A variety of housing options should be available
in each county. 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 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 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 and 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 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 but targeted primarily to the most frail, frail and
needy elderly;citizens.
(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 maintenance of health and or enhancement
of the quality of life of each resident 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.