North Carolina § 131D-20 - Definitions.

§ 131D-20. Definitions.

As used in this Article, the following terms have the meanings specified: "Abuse" means the willful or grossly negligent infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful or grossly negligent deprivation by the administrator or staff of an adult care home of services which are necessary to maintain mental and physical health. Repealed by Session Laws 1995, c. 535, s. 13, effective October 1, 1995. "Adult care home" is an assisted living residence in which the housing management provides 24-hour scheduled and unscheduled personal care services to two or more residents, either directly or, for scheduled needs, through formal written agreement with licensed home care or hospice agencies. Some licensed adult care homes provide supervision to persons with cognitive impairments whose decisions, if made independently, may jeopardize the safety or well-being of themselves or others and therefore require supervision. Medication in an adult care home may be administered by designated, trained staff. Adult care homes that provide care to two to six unrelated residents are commonly called family care homes. Adult care homes and family care homes are subject to licensure by the Division of Health Service Regulation. "Assisted living residence" means any group housing and services program for two or more unrelated adults, by whatever name it is called, that makes available, at a minimum, one meal a day and housekeeping services and provides personal care services directly or through a formal written agreement with one or more licensed home care or hospice agencies. The Department may allow nursing service exceptions on a case-by-case basis. Settings in which services are delivered may include self-contained apartment units or single or shared room units with private or area baths. Assisted living residences are to be distinguished from nursing homes subject to provisions of G.S. 131E-102. "Exploitation" means the illegal or improper use of an aged or disabled resident or his resources for another's profit or advantage. "Facility" means an adult care home licensed under G.S. 131D-2.4. "Family care home" means an adult care home having two to six residents. The structure of a family care home may be no more than two stories high and none of the aged or physically disabled persons being served there may be housed in the upper story without provision for two direct exterior ground-level accesses to the upper story. Repealed by Session Laws 2001-209, s. 1(c), effective June 15, 2001. Repealed by Session Laws 1995, c. 535, s. 13. "Neglect" means the failure to provide the services necessary to maintain the physical or mental health of a resident. "Resident" means an aged or disabled person who has been admitted to a facility. History (1981, c. 923, s. 1; 1981 (Reg. Sess., 1982), c. 1282, s. 20.2C; 1983, c. 824, ss. 2, 3, 5, 7, 8; 1995, c. 535, s. 13; 1997-456, s. 21; 2001-209, s. 1(c); 2007-182, s. 1; 2009-462, s. 4(h).) Cross References. - As to the definition of "long-term care facility" in the Long-Term Care Ombudsman Program, see G.S. 143B-181.16. Effect of Amendments. - Session Laws 2007-182, s. 1, effective July 5, 2007, substituted "Division of Health Service Regulation" for "Division of Facility Services" in subdivision (2a). Session Laws 2009-462, s. 4(h), effective October 1, 2009, substituted "under G.S. 131D-2.4" for "pursuant to G.S. 131D-2" in subdivision (4).