North Carolina § 131E-114 - Special care units; disclosure of information required.

§ 131E-114. Special care units; disclosure of information required.

A nursing home or combination home licensed under this Part that provides special care for persons with Alzheimer's disease or other dementias in a special care unit shall make the following disclosures pertaining to the special care provided that distinguishes the special care unit as being especially designed for residents with Alzheimer's disease or other dementias. The disclosure shall be made annually, in writing, to all of the following: The Department, as part of its licensing procedures. Each person seeking placement within a special care unit, or the person's authorized representative, prior to entering into an agreement with the person to provide special care. Information that must be disclosed in writing shall include, but is not limited to, all of the following: A statement of the overall philosophy and mission of the licensed facility and how it reflects the special needs of residents with dementia. The process and criteria for placement, transfer, or discharge to or from the special care unit. The process used for assessment and establishment of the plan of care and its implementation, as required under State and federal law. Typical staffing patterns and how the patterns reflect the resident's need for increased care and supervision. Dementia-specific staff training. Physical environment features designed specifically for the special care unit. Alzheimer's disease and other dementia-specific programming. Opportunities for family involvement. Additional costs or fees to the resident for special care. As part of its license renewal procedures and inspections, the Department shall examine for accuracy the written disclosures made by each licensed facility subject to this section. Nothing in this section shall be construed as prohibiting a nursing home or combination home that does not offer a special care unit from admitting a person with Alzheimer's disease or other dementias. The disclosures required by this section apply only to a nursing home or combination home that advertises, markets, or otherwise promotes itself as providing a special care unit for persons with Alzheimer's disease or other dementias. As used in this section, the term "special care unit" means a wing or hallway within a nursing home, or a program provided by a nursing home, that is designated especially for residents with Alzheimer's disease or other dementias, or other special needs disease or condition, as determined by the Medical Care Commission, which may include mental disabilities. History (2000-154, s. 6.) Moratorium on Special Care Unit Licenses. - Session Laws 2017-57, s. 11G.3(a), (b), provides: "(a) For the period beginning July 1, 2017, and ending June 30, 2019, the Department of Health and Human Services, Division of Health Service Regulation, shall not issue any licenses for special care units as defined in G.S. 131D-4.6 and G.S. 131E-114 . This prohibition shall not restrict the Department of Health and Human Services from doing any of the following: "(1) Issuing a license to a facility that is acquiring an existing special care unit. "(2) Issuing a license for a special care unit in any area of the State upon a determination by the Secretary of the Department of Health and Human Services that increased access to this type of care is necessary in that area during the moratorium imposed by this section. "(3) Processing all completed applications for special care unit licenses received by the Division of Health Service Regulation along with the applicable license fee prior to June 1, 2013. "(4) Issuing a license to a facility that was in possession of a certificate of need as of July 31, 2013, that included authorization to operate special care unit beds. "(b) The Department of Health and Human Services shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services and the Fiscal Research Division by March 1, 2019, containing at least the following information: "(1) The number of licensed special care units in the State. "(2) The capacity of the currently licensed special care units to serve people in need of their services. "(3) The anticipated growth in the number of people who will need the services of a licensed special care unit. "(4) The number of applications received from special care units seeking licensure as permitted by this section and the number of those applications that were not approved." For prior similar provisions, see Session Laws 2013-360, s. 12G.1(a), (b), as amended by Session Laws 2014-100, s. 12G.5, as amended by Session Laws 2015-241, s. 12G.2(a). Editor's Note. - This section was enacted as G.S. 131E-113 by Session Laws 2000-154, s. 6. It has been redesignated as G.S. 131E-114 at the direction of the Revisor of Statutes. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause.